On 16 March 2012 Parliament unanimously approved the Presidential (Transition) Bill and, in doing so, demonstrated its commitment to institutional reform. The House deserves commendation for this action. In fact the passage of the Bill, which bears the hallmarks of cross-party efforts, provides strong evidence of our political leaders’ capability to rise above partisan lines to work towards sound democratic governance in our country. The President and his cabinet also deserve credit for fulfilling a promise made in 2009 to introduce a Transition Bill. Work on the Presidential (Transition) Bill began in 2007 as an initiative of the Institute of Economic Affairs (IEA) and the Ghana Political Parties Programme (GPPP), an inter-party group comprising representatives of the four political parties in Parliament. The GPPP is facilitated by The IEA. The acrimony and administrative lapses which characterised the transitions in 2001 and 2009 have been well rehearsed and needs no restating here. As a response to the previous transition challenges the IEA, in collaboration with the GPPP, saw the need to prepare a multi-partisan framework of ground rules and regulations to govern future transitions. In this regard, this piece of legislation has benefitted from practical lessons from Ghana’s previous transitions. Essentially, the Presidential (Transition) legislation provides a framework for the political transfer of power from one democratically elected President to another. But the benefits transcend regime change. The cornerstone of the legislation is accountability and when implemented will also herald a new era of institutional clarity in many aspect of public administration. This is particularly so with the new body to be established under this legislation – the Presidential Estates Unit (PEU) which is charged with maintaining and keeping an inventory of executive assets. The Unit is to be headed by an independent Administrator-General, who will be appointed by the President in consultation with the Council of State. In fact the role of the Administrator-General, who also has the responsibility as facilitator of the transition process, fills a long-standing vacuum. The clear timelines set for Ministers to vacate their official accommodation is another provision which could help limit accusations of political witch-hunts when a change in government occurs. With the passage of the Bill by Parliament, it is time for a shift in focus to the important aspect of implementation. The triggers for the next phase of implementation lie with the President. His Excellency needs to act swiftly by giving assent to the Bill, appointing an Administrator-General and ensuring that the PEU is given the resources to make it effective. The urgency is due to the short time frame between now and the next elections. It is important, however, to emphasise that the pressing need for action is not based on whether a change in government will occur. For example, the requirement for handing-over notes to be submitted to the Administrator-General prior to elections indicates ample time will be required for the office to define a comprehensive template to be used by the President and his team in a range of public offices. Tough work lies ahead after the Administrator-General is appointed. Of primary concern is the time required to set up the key institution at the heart of this Bill - the PEU. Indeed, the Administrator-General will have to recruit staff, prepare an initial budget and study best practices. The broad mandate of the PEU also requires, at the outset, an administrative manifesto which will spell out detailed procedures to cover the transitional duties conferred on the office. Some procedures may call for subsidiary legislation. There is also the small matter of conducting the initial executive assets inventory, which could be a complex task. A transition law will by no means remove all the difficulties relating to the democratic transfer of power. Nonetheless, I am cautiously optimistic that effective implementation and strict enforcement of the provisions will bring about a departure from the ad hoc transition process we have witnessed in Ghana’s Fourth Republic. Putting in place the requisite legal and institutional framework before the end of this year will be tricky given the limited time frame. All the same, it will be useful to set this process in motion. The Presidential (Transition) legislation has strong potential to defuse the political fallout, accusations and counter-accusations which have ensued in Ghana’s previous transitions and, arguably, will be in everyone’s interest. For a party in government, the legislation provides clarity on an exit strategy should it be voted out of office. For an opposition party, the legislation outlines what should be expected if it is voted into office. For taxpayers, it would deliver value for money. This view is grounded in the fact that - if effectively implemented - one could expect a more prudent use of executive assets, an area where enormous scope for efficiency savings exists. What is required now is urgent action: assent to the Bill, appointment of the Administrator-General and an adequately resourced PEU. So, Mr. President, it’s over to you. By Dr. Michael Ofori-Mensah Policy Analyst The Institute of Economic Affairs (IEA)