Contempt of parliament is enshrined under our constitution and it is a protected privilege motive or not unlike journalist or related institutions who have have qualified privilege only and are subject to the laws of defamati ... read full comment
Contempt of parliament is enshrined under our constitution and it is a protected privilege motive or not unlike journalist or related institutions who have have qualified privilege only and are subject to the laws of defamation depending on motive so the fact that journalist have a limited privilege like the rest of society is no reason to think that they are above the law.
Ghana's parliamentary procedure is taken verbatim from the House of Commons parliamentary procedure conventions and precedents.In fact since Murray there had been recent contempt cases in the British parliament.
In that case On 6 February 1750, Alexander Murray was called to the Bar in connection with malpractice at a City of Westminster election. Found guilty by the House, he was ordered into custody at Newgate Prison until the end of that parliamentary session.
When hearing sentence, he refused to kneel at the Bar and was further found guilty of a "high and most dangerous contempt of the authority and privilege of this House"The House further ordered that while in Newgate, (Murray) "be not allowed the use of pens, ink or paper; and that no person be admitted to have access unto him, without the leave of this House". (HC Journal 6 February 1750)
The last time a non-member was reprimanded at the bar of the House though was on January 4 1957, when the editor of the Sunday Express, John Junor, was rebuked for some remarks he had printed about MPs and petrol rationing in the aftermath of Suez.
Erskine May, the famous text-book of parliamentary practice edited by successive clerks of the House of Commons is an indication of what pertain as an example. Erskine May, cites examples of cases, recorded in the journals of parliament, where contempt findings have been made.
Whether there is a precise precedent in Ghana's parliament for the Black Rasta contempt may not matter very much because, as Erskine May records, any act or omission which impedes parliament in the performance of its functions may be treated as a contempt, whether there is a precedent or not.
On the other hand, the Commons resolved in 1978 to use its penal jurisdiction as sparingly as possible. Since then, it has not punished a non-member. If someone in contempt is willing to apologize as the law firm Withers did some years ago for threatening an MP with legal proceedings then no further action may be taken.
But does not mean that parliament has no penal jurisdiction but they only use it sparingly and Asare should not mislead any body from his hideout in America to face the wrath of parliament on contempt.They can bite and have the powers to do so.
Nii Teiko 8 years ago
UK vests soveregnity in Parliament. Ghana has chosen a different path. We vest sovereignty in the people. Parliament has no power to jail anyone in Ghana. Maybe instead of quoting Erskine May, you should read Article 19.
P ... read full comment
UK vests soveregnity in Parliament. Ghana has chosen a different path. We vest sovereignty in the people. Parliament has no power to jail anyone in Ghana. Maybe instead of quoting Erskine May, you should read Article 19.
Parliament power to hold people in contempt is only to further its work not to silence the people
ELINAM 8 years ago
Just 300 years prior to 1700, the catholic church that educated these slave traders would put you in jail if you claim the earth was round. Something Africans did not paid mind to that's why they ventured out and populated al ... read full comment
Just 300 years prior to 1700, the catholic church that educated these slave traders would put you in jail if you claim the earth was round. Something Africans did not paid mind to that's why they ventured out and populated all the lands and islands of the seas before these backward catholics ever ventured out and became envious brute for the fact that everywhere the crash landed was already taken over and settled by the darker skinned man who in their backward minds deserved to be killed.
OUR ELITES NEED TO INDEPENDENTLY THINK AND MAKE LAWS WITH A HUMAN FACE FOR THEMSELVES.
Before these backward so-called British lords ever extended the votes to their women, African women had NO restrictions since we invented social technology over thousands of years back.
ROGUE LAWYER 8 years ago
which part of the constitution or parlimentary Standing orders - that stated or gave those powers to jail the citizens who are critics to parliament?
The Speaker should do us a faviour of underlined indication so that in ... read full comment
which part of the constitution or parlimentary Standing orders - that stated or gave those powers to jail the citizens who are critics to parliament?
The Speaker should do us a faviour of underlined indication so that interested parties can go and read them.All those laws they based their arguments on are for parliament and not beyond the house of parliament
Akadu Mensema 8 years ago
Thought provoking and informative!
Thought provoking and informative!
EDUARDO DOMINGO 8 years ago
THIS ARTICLE IS GOOD TO DISTRIBUTE TO PARLIAMENTARIANS, SO THEY DO NOT , COMMIT CRIME IN DISCHARGE OF THEIR DUTIES!!
THIS ARTICLE IS GOOD TO DISTRIBUTE TO PARLIAMENTARIANS, SO THEY DO NOT , COMMIT CRIME IN DISCHARGE OF THEIR DUTIES!!
Contempt of parliament is enshrined under our constitution and it is a protected privilege motive or not unlike journalist or related institutions who have have qualified privilege only and are subject to the laws of defamati ...
read full comment
UK vests soveregnity in Parliament. Ghana has chosen a different path. We vest sovereignty in the people. Parliament has no power to jail anyone in Ghana. Maybe instead of quoting Erskine May, you should read Article 19.
P ...
read full comment
Just 300 years prior to 1700, the catholic church that educated these slave traders would put you in jail if you claim the earth was round. Something Africans did not paid mind to that's why they ventured out and populated al ...
read full comment
which part of the constitution or parlimentary Standing orders - that stated or gave those powers to jail the citizens who are critics to parliament?
The Speaker should do us a faviour of underlined indication so that in ...
read full comment
Thought provoking and informative!
THIS ARTICLE IS GOOD TO DISTRIBUTE TO PARLIAMENTARIANS, SO THEY DO NOT , COMMIT CRIME IN DISCHARGE OF THEIR DUTIES!!
thanks for the education