Henry Kwabena Kokofu has described as unfortunate issues raised by the Auditor-General, Daniel Domelovo following an order for him to proceed on his accumulated leave.
This comes on the back of concerns raised by Mr. Domelevo over the President's directive to take his accumulated leave.
Mr Domelevo, in a statement dated 3rd, July 2020 and addressed to the Presidency said, tenets of the country’s law flaw the President’s directive to him, to take a mandatory 132-day leave.
He suggested that the directive was made out of bad faith and was resultant of his work which was ‘embarrassing government’.
“No worker is deemed to have accumulated any leave on account of their having failed, omitted, neglected or even refused to enjoy their right to annual leave, which the law guarantees for their benefit, not the employer,” he indicated.
Reacting to this in a panel discussion on Kumasi-based Hello FM, Henry Kwabena Kokofu, former Member of Parliament for Bantama constituency asked the A-G to focus on his 'well deserved' leave and stop writing letters to the President.
He says "the issues he (Domelevo) raised is neither here nor there; the appointing authority is the President. The constitution provides some level of protection but the same constitution gives the President power to discipline his appointees and so on."
"Before you came; were people not working at the Audit Service? You are only a fraction at the Audit Service; why is he behaving like he is all in all? He should go on leave quietly, enjoy your leave because it is well deserved," he said.
Meanwhile, the office of the President has extended Mr Domelovo's leave days to 167 from 132.
Daniel Domelevo was sworn into office as Auditor-General on December 30, 2016.
Rejoinder from presidency
Meanwhile, the Office of the President has reiterated its directive for the Auditor-General (A-G) to proceed on his annual leave or risk being subjected to what it described as ‘disciplinary control’ to ensure adherence, adding that the move was backed by the law.
“Per article 297(a) of the Constitution, that power to appoint includes the power to “exercise disciplinary control over persons holding or acting in any such office.”
“Thus, to the extent that you fail to comply with a basic term of your appointment such as taking annual leave, The President has the power to exercise disciplinary action over you to ensure that you comply with the terms of your appointment.”
“The President has at all times acted based on sound legal principles, the rule of law and good governance practices and the good people of Ghana cannot be misled by your lack of understanding of the position of the law, for which you may be forgiven since you are not a lawyer."
In a statement signed by Nana Bediatuo Asante, Secretary to the President, and dated 3rd July 2020, also citing the Labour Act 2003, Section 31 specifically, they noted that Mr Domelevo could not forgo his annual leave and any agreement to relinquish his entitlement to annual leave or ‘to forgo the leave is void’.
Background
President Nana Addo Dankwa Akufo-Addo directed Mr Domelovo to take his accumulated annual leave of 123 working days effective Wednesday, 1 July 2020.
A statement released by the office of the President and signed by the Director of Communications, Mr Eugene Arhin on Monday, 29 June 2020, said: “The President’s decision to direct Mr Domelovo to take his accumulated annual leave is based on Sections 20(1) and Labour Act, 2003 (Act 651), which apply to all workers including public office holders such as the Auditor-General.”
Mr Domelovo is said to have taken only nine days leave.
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