Audio By Carbonatix
The inauguration of the Sixth Parliament of the Fourth Republic will take place in the early hours of Monday, January 7, 2013, the Deputy Majority Leader, Mr Rashid Pelpuo, has confirmed.
According to him, the inauguration would be preceded by the election of a Speaker for the new Parliament after the dissolution of the Fifth Parliament of the Fourth Republic at midnight on Sunday, January 6, 2013.
This position settles the confusion over whether the new Parliament will be inaugurated two days before the dissolution of Parliament, as provided for in the Presidential (Transition) Act, 2012 (Act 845), or on Monday, January 7,2013, as specified by the 1992 Constitution.
Section 11 (1) of the Presidential (Transition) Act provides: "Two days before the dissolution of Parliament, the Clerk to Parliament shall summon a meeting of the elected members of Parliament to (a) elect the Speaker (b) elect the Deputy Speaker (C) take the oaths of office as members."
Section 11(3) of the Act further provides: "The Speaker elected under sub-section (1) and the Members of Parliament who take their oaths of office under that sub-section, assume office subject to the operations of Article 113 of the Constitution, and accordingly take office on the 7th January following the general election."
These sections of Act 845 are inconsistent with provisions of the .1992 Constitution and they form the basis for the confusion over the date for the election of a Speaker and the inauguration of the new Parliament.
The Constitution provides in Article 113 (2): "Subject to Clause (2) of this article, Parliament shall continue for four years from the date of its first sitting and shall then stand dissolved."
That means the current Parliament stands dissolved on January 6, 2013, considering that its first sitting was on January 7, 2009.
Article 95 (1) of the Constitution further stipulates: "There shall be a Speaker of Parliament who shall be elected by the Members of Parliament from among persons who are Members of Parliament or who are qualified to be elected as Members of Parliament."
The Deputy Majority Leader explained to the Daily Graphic yesterday that to the extent that the Presidential (Transition) Act was inconsistent with the Constitution, Parliament had decided to respect the supreme law of the land to resolve the confusion.
"You cannot have another Parliament before the end of the life of an existing Parliament, else you create confusion in the minds of the people," Mr Pelpuo said.
He said as a result, the current Parliament would be dissolved at midnight on Sunday, January 6, 2013, adding that five minutes after the dissolution, a Speaker for the new Parliament would be elected by the new members.
He said the Speaker-elect would then administer the oaths of office to members of the new Parliament, after which they would proceed to the Independence Square for the swearing-in of the President.
Asked why Parliament did not detect the inconsistency before the passage of the Presidential (Transition) Act, he said that was unfortunate.
Mr Pelpuo, however, noted that there would be the need to amend the act in order to make it consistent with the Constitution.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
At least 27 people killed in two shootings in South African township
36 minutes -
Iranian minister says only negotiation can end conflict after Trump rejects Hormuz deal
54 minutes -
Some Ghanaians use free speech to destroy reputations – Bobby Banson
1 hour -
Crowds, deals and home solutions as Republic Bank-JoyNews Habitat Fair enters final day
4 hours -
Fire Service finds only five functional hydrants in Ministries enclave
4 hours -
Government to sign 1,200MW gas power deal before end of 2026 – Mahama
4 hours -
West Mamprusi launches community-led WASH and livelihoods project across 100 communities
4 hours -
Iran says it will wait for official US response after Trump rejects Strait of Hormuz proposal
5 hours -
90 Oti communities to benefit from government electrification project
5 hours -
Floods leave 246 without shelter as 93 houses collapse in North East Gonja
5 hours -
Labour Minister wants SOEs to help shape new public pay system
10 hours -
IPEC will ensure Equity and Sustainability in SOEs Compensation
10 hours -
White House bars CNN from travelling with Trump on Air Force One
11 hours -
Fennis wins second consecutive ITF J60 title in Accra
11 hours -
Spain beat England in thriller after Kane penalty miss
11 hours