Political Parties Bill receives first reading

Accra (Greater Accra) 21 May '99

A Political Parties Bill, which seeks to bring the existing enactment in conformity with the Constitution, was on Thursday given the first reading in Parliament.

The bill intends to remove some provisions in the existing law no longer considered purposeful and introduce some reforms for the better regulation of political party activities in the country.

It seeks to repeal the Political Parties Law, 1992 (PNDCL 281) and the Political Parties (Amendment) Law 1992 (PNDCL 283).

Specific provisions on merger of political parties have now been introduced, under which merged political parties lose their individual identities.

Political parties in alliance retain their registration as separate parties and are dealt with by the Electoral Commission as different entities for public elections.

A memorandum accompanying the bill says time frames for submission of various accounts and reports to the Electoral Commission required under the existing Political Parties Law, 1992 (PNDCL 281), have been extended upon the realisation that the parties cannot realistically comply with the law as provided under the existing enactment.

It says the requirement under the existing law for political parties to provide to the Electoral Commission the location of their offices by indicating, among other things, the nature of ownership of the properties, the names, addresses and nationalities of the owners, have been deleted as not being purposeful.

Fines and penalties for contravention of the various punishable provisions have been revised upwards.

The memorandum says the proposals in the bill take into account the outcome of discussions between the Electoral Commission and the Inter-Party Advisory Committee (IPAC) and recommendations received by the Commission at public forums.

It says, however, that due to limitation of national finances, not all the recommendations could be accepted by the government, especially that of funding political parties.

Under the bill, political parties may be founded to further purposes, which are not contrary to the laws of the country, and every Ghanaian of voting age has the right to form or join a political party.

A political party is free, subject to the Constitution, to participate in shaping the political will of the people. It could disseminate information on political ideas, social and economic programmes of a national character and to sponsor candidates for elections to any public office other than to district assemblies or lower local government units.

Every candidate for election to Parliament has the right to conduct his campaign freely and in accordance with the existing law, and no member of any organisation or interest group shall be required to join any particular political party by virtue of his membership of the organisation or group.

The bill says any person, who suppresses or attempts to suppress the lawful political activity of another person contrary to the law or requires any person to join any particular political party, commits an offence. And shall on summary

conviction be liable to a minimum fine of two million cedis or to imprisonment for a term not exceeding five years or to both.

No political party shall be formed on ethnic, gender, religious, regional, professional or other sectional divisions; or uses words, slogans or symbols, which could arouse sectional divisions.

The bill enjoins every prospective political party not to submit to the Commission for registration, any identifying symbol, slogan, colour or name which is the same as those of any other existing political party or of the country.

No political party should submit for registration any symbol, slogan, colour or name which so closely resembles those of a registered party or the country as to be likely to deceive the public.

On contribution to the political parties, the bill says any Ghanaian may contribute in cash or in kind to the funds of a party except that the contribution in any period or twelve months, shall not exceed an amount to be determined by the Commission.

This does not apply to a contribution, donation or pledge of contributions or donations, whether in cash or in kind, made by any founding member of the political party, as his contribution towards the initial assets of the party within the first year of the existence of the party.

The bill prohibits any person, who is not a Ghanaian, from directly or indirectly making a contribution or donation or loan, whether in cash or in kind, to the funds of a political party. And no political party or person shall demand or accept a contribution, donation or loan from a non-Ghanaian.

Additionally, no company, partnership, firm or other business enterprise other than those legally registered or established under a law in Ghana, shall contribute any amount, whether in cash or in kind, to the funds of a political party.

On public officers and political activities, the bill provides that a chief or a person, who is not eligible to be elected to Parliament, does not qualify to be a founding member, leader or a member of the executive of a political party

Such a chief or person is barred from holding office in a political party or engaging in canvassing in support of or against a political party or a candidate standing for public election.

The bill says without, prejudice to the penalty for contravention of any of its provisions, where a political party contravenes any of the provisions and is convicted, the Commission may cancel the registration of that political party.