Our Justices are too lazy. How can working on a holiday be unonstitutional?
Our Justices are too lazy. How can working on a holiday be unonstitutional?
IDRIS PACAS 10 years ago
Narrowing your point to this election petition, where is the element of emergency about this case? Afterall, there is a president, Ghana is moving forward 'rightly' and the next general elections will be held in 2016. All the ... read full comment
Narrowing your point to this election petition, where is the element of emergency about this case? Afterall, there is a president, Ghana is moving forward 'rightly' and the next general elections will be held in 2016. All these articles you quoted were the starters, but what remains unknown to you with your little legal reasoning served as the basis for this landmark ruling. Learn!
Kakraba Cromwell 10 years ago
yes.it is completely flawed!!!!
mr asare's points lacks merit and intellectually dishonest.
yes.it is completely flawed!!!!
mr asare's points lacks merit and intellectually dishonest.
Jason Agbeko 10 years ago
Our work ethic is amazing. Why is it against the law to have to work on a holiday if there is the need to get something important done?
Our work ethic is amazing. Why is it against the law to have to work on a holiday if there is the need to get something important done?
bas 10 years ago
U were in ghana, u cud ve filed to join the writ, u didn't, why? Only to write this useles ariticle to do this damage control.
U were in ghana, u cud ve filed to join the writ, u didn't, why? Only to write this useles ariticle to do this damage control.
Plumber 10 years ago
Go and challenge the deckision in court yourself. You folded your arms, stood and watched, the decision is amde and you are criticising, ofcourse that is the easy bit. Test the constitution yourself, an 'ordinary' Bernard Mor ... read full comment
Go and challenge the deckision in court yourself. You folded your arms, stood and watched, the decision is amde and you are criticising, ofcourse that is the easy bit. Test the constitution yourself, an 'ordinary' Bernard Mornah has written his name into the History books of Ghasna. Yours would only be on Ghanaweb.
ATAKORA BEDIAKO 10 years ago
HOW DO YOU EXPECT THE AG TO PUT UP A GOOD DEFENCE WHEN THE GOVERNMENT IS THE PLAINTIFF.IN THIS WRIT BOTH PLAINTIFF AND DEFENDANT ARE ONE AND THE SAME PERSON.
HOW DO YOU EXPECT THE AG TO PUT UP A GOOD DEFENCE WHEN THE GOVERNMENT IS THE PLAINTIFF.IN THIS WRIT BOTH PLAINTIFF AND DEFENDANT ARE ONE AND THE SAME PERSON.
Kwame 10 years ago
I respect Comrade Benard Monah a lot because like all leftists he take pain to carefully research on an issue before making comments on them. I listen to Comrade Monah explaining National Health Insurance and he did it better ... read full comment
I respect Comrade Benard Monah a lot because like all leftists he take pain to carefully research on an issue before making comments on them. I listen to Comrade Monah explaining National Health Insurance and he did it better than even the Insurance experts.
On the issue of public holidays. Public holiday laws have been in existence long before the promulgation of the 1992 Constitution. Those public holiday laws are based on International Labour Conventions that we ratified and swear to abide by.
It will interest you to know that even justices in the Judicial Service know little about issues concerning the engagement and none-engagement of a worker. Thus even a driver driving a judge to a funeral on Saturday is not paid overtime because there is no such type of remuneration in the civil service. The same judge may not understand why the driver should be paid compensation for having had accident during and in the course of his employment because whiles driving the judge he was involved in and accident and that Saturday is not a working day.
Kwaku S. Asare, I am sure that you are not aware of the laws on public holiday, just the majority of lawyers I came across during and in the course of my 29 years work as a labour practitioner.
So is the civil servant who works on that public holiday entitled to overtime and how is it computed. It is an erroneous belief by our lawyers that workers apart from they lawyers do not deserve human dignity.
Kalira 10 years ago
Huge Thrash!
Huge Thrash!
Okonko Palm 10 years ago
Asare's comment on the ruling reflects his political stance and biases.It is the SC who has the mandate to interpret the constitution and to ensure that all subordinate laws are in tune with the spirit, intent and letter of t ... read full comment
Asare's comment on the ruling reflects his political stance and biases.It is the SC who has the mandate to interpret the constitution and to ensure that all subordinate laws are in tune with the spirit, intent and letter of the constitution.
Decisions from the RULES OF COURT COMMITTEE are as well subject to these interpretations.Clearly the rules of court committee aired in their decision not to allow a review of the sc decision on petitions because it contravenes a cardinal requirement of natural justice.The right of appeal when a decision goes against you is sacrosanct and can't be compromised under any grounds.It is a requirement under any democratic and matured judicial jurisdiction.
The constitution actually exempts category of workers and services during holidays.The Judiciary operates under the terms of the civil service employment laws and are therefore civil servants.Unless there is a special emergency and a special dispensation by the president the constitution protects those rights.The right to have your holiday as a civil servant without interference.
Having looked at the three articles on this topic on the feature column of Ghanaweb today,I will give my thumb up to the law student.His article on the subject was clear and concise unlike Asare's myopic and politically motivated article.
David Akolgo 10 years ago
Kweku Asare this peice is an academic exercise. I believe you are a law stedent who want to show your limited knowledge in the Law. I say so with a heavy heart, because the verdit of the SC of its ruling on 30 April is very c ... read full comment
Kweku Asare this peice is an academic exercise. I believe you are a law stedent who want to show your limited knowledge in the Law. I say so with a heavy heart, because the verdit of the SC of its ruling on 30 April is very clear. The have provided concrete reasons. An once you have conceded that the SC Jutices have the right not follow thier own precedence then that is end of matters.So please spare us with this your academic exercise gimmickery.
John Dek 10 years ago
Kwaku, why do you refer to the SC decision as a Mornah court. I hope it is not from any prejudice.
I will not be suprised if there is any amount of prejudice, particularly as you have not read any of the arguments as you a ... read full comment
Kwaku, why do you refer to the SC decision as a Mornah court. I hope it is not from any prejudice.
I will not be suprised if there is any amount of prejudice, particularly as you have not read any of the arguments as you admit but conclude that the Sc is wrong.
In any case, and from a none legal point of view, you are perfectly right to say that there should be absolutely nothing wrong with working on a public holiday as essential service workers must continue to work on a public holiday otherwise the holiday itself cannot be celebrated. It will also not be a completely bad idea if all parties in a court case agree to continue sitting on a public holiday if that serves the interest of all parties.
However it will not seem right if a law makes it compulsory for a court to sit on public holidays and for all parties to attend court on the same day. Please note that court sittings are compulsory for the parties to attend and they will have no options when a date has been fixed for hearing. In a very simple example, imagine that the president has to address an independence day gathering but cannot do so because there is a court hearing which is mandatory for him and his followers to attend.
I leave you to decide on other scenarios.
Nyame Ekuma 10 years ago
What do u mean by the 'Mornah Court' ? Don't u know this statement 'Mornah Court ' is contempt of court ? Kwasiato .
The law is in the ' onye aye e sorrmi' BOSOM of the Judge . Nonsense
What do u mean by the 'Mornah Court' ? Don't u know this statement 'Mornah Court ' is contempt of court ? Kwasiato .
The law is in the ' onye aye e sorrmi' BOSOM of the Judge . Nonsense
Justice Yaw Wood 10 years ago
Educate yourself. Monarh Court means the Court that decided the Monarh case. Too many ignorant fools here who like to expose their ignorance
Educate yourself. Monarh Court means the Court that decided the Monarh case. Too many ignorant fools here who like to expose their ignorance
Our Justices are too lazy. How can working on a holiday be unonstitutional?
Narrowing your point to this election petition, where is the element of emergency about this case? Afterall, there is a president, Ghana is moving forward 'rightly' and the next general elections will be held in 2016. All the ...
read full comment
yes.it is completely flawed!!!!
mr asare's points lacks merit and intellectually dishonest.
Our work ethic is amazing. Why is it against the law to have to work on a holiday if there is the need to get something important done?
U were in ghana, u cud ve filed to join the writ, u didn't, why? Only to write this useles ariticle to do this damage control.
Go and challenge the deckision in court yourself. You folded your arms, stood and watched, the decision is amde and you are criticising, ofcourse that is the easy bit. Test the constitution yourself, an 'ordinary' Bernard Mor ...
read full comment
HOW DO YOU EXPECT THE AG TO PUT UP A GOOD DEFENCE WHEN THE GOVERNMENT IS THE PLAINTIFF.IN THIS WRIT BOTH PLAINTIFF AND DEFENDANT ARE ONE AND THE SAME PERSON.
I respect Comrade Benard Monah a lot because like all leftists he take pain to carefully research on an issue before making comments on them. I listen to Comrade Monah explaining National Health Insurance and he did it better ...
read full comment
Huge Thrash!
Asare's comment on the ruling reflects his political stance and biases.It is the SC who has the mandate to interpret the constitution and to ensure that all subordinate laws are in tune with the spirit, intent and letter of t ...
read full comment
Kweku Asare this peice is an academic exercise. I believe you are a law stedent who want to show your limited knowledge in the Law. I say so with a heavy heart, because the verdit of the SC of its ruling on 30 April is very c ...
read full comment
Kwaku, why do you refer to the SC decision as a Mornah court. I hope it is not from any prejudice.
I will not be suprised if there is any amount of prejudice, particularly as you have not read any of the arguments as you a ...
read full comment
What do u mean by the 'Mornah Court' ? Don't u know this statement 'Mornah Court ' is contempt of court ? Kwasiato .
The law is in the ' onye aye e sorrmi' BOSOM of the Judge . Nonsense
Educate yourself. Monarh Court means the Court that decided the Monarh case. Too many ignorant fools here who like to expose their ignorance