Debates of 11 Jun 2020

MR SPEAKER
PRAYERS 11:02 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:02 a.m.
Mr Speaker 11:02 a.m.
Hon Members, Correction of the Votes and Proceedings of Wednesday, 10th June, 2020.
Page 1…34
Mr Samuel Okudzeto Ablakwa 11:02 a.m.
Mr Speaker, I effected this correction yesterday. On page 34, “Public University Bill, 2020” should read “Public Universities Bill, 2020”.
Mr Speaker 11:02 a.m.
Any more correction on page 34?
Page 35 -- 36.
Hon Members, the Votes and Proceedings of Wednesday, 10th June, 2020, as corrected, is hereby adopted as the true record of the proceedings.
Hon Members, we have the Official Report of Wednesday, 11th
March, 2020. Any corrections?
Mr Ablakwa 11:02 a.m.
Mr Speaker, I respectfully begin with column 114. It should be “Africa Continental Free Trade Area”, but “Africa” is omitted.
Then Mr Speaker, there is also an observation that I would want to make. In my copy of the Official Report, a number of pages are blank. Column 159 to 161 are blank so if that can be corrected?
Mr Speaker, in the first paragraph of column 162, “I recalled that a couple of months ago…” should be corrected accordingly to read “I recall that a couple of months ago…”.
Also, the first paragraph of column 166 should read “… when they get into the hands of young idle youth …” I would like to draw the attention of the Official Report Department to kindly take note of that.
There are additional blank pages from column 192 to 194. Mr Speaker, I would be glad if that can also be worked on.
Mr Speaker 11:02 a.m.
Hon Members, any further corrections, please?
In the absence of any further corrections, the Official Report of Wednesday, 11th March, 2020, as corrected, is hereby adopted as the true record of the proceedings.
We have the Official Report of Tuesday, 26 th May, 2020 for correction.
Mr Ablakwa 11:02 a.m.
Mr Speaker, there is a small correction at column 057. It should be “CHPS” and not “CHIPs” as has been captured.
Mr Speaker 11:02 a.m.
Any further corrections?
Hon Members, in the absence of any further corrections, the Official Report of Tuesday, 26th May, 2020, is hereby admitted as the true record of proceedings.
Question 724. I see the Hon Minister for Gender, Children and Social Protection is at the appropriate place already.
Hon Mavis Nkansah-Boadu?
ORAL ANSWERS TO 11:12 a.m.
QUESTIONS 11:12 a.m.
MINISTRY OF GENDER, 11:12 a.m.
CHILDREN AND SOCIAL 11:12 a.m.
PROTECTION 11:12 a.m.
Mrs Mavis Nkansah-Boadu (NPP -- Afigya Sekyere East) 11:12 a.m.
Mr Speaker, I would like to ask the Minister responsible for Gender, Children and Social Protection if there are measures to liaise with the Ministry of National Security to get children beggars off the streets.
Mr Speaker 11:12 a.m.
Hon Minister, please, your Answer?
Minister for Gender, Children and Social Protection (Mrs Cynthia Morrison) 11:12 a.m.
Mr Speaker, children begging on the streets has become a national security issue in Ghana. We have substantial numbers living and begging on the streets. Some of these children aid Persons with Disability to do the begging while others are used by their parents and other family members. Another
Mr Speaker 11:12 a.m.
Thank you very much, Hon Minister.
Yes, Hon Member, your supplementary questions?
Mrs Nkansah-Boadu 11:12 a.m.
Mr Speaker, section 87 (1) and (2) of the Children's Act prohibits the engagement of children in exploitative activities. I would want to find out if parents or guardians who flout this law would be punished accordingly by the Ministry?
Mrs Nkansah-Boadu 11:12 a.m.
Thank you, Mr Speaker, that would be all for now.
Mr Speaker 11:12 a.m.
Thank you very much, Hon Minister, for attending to the House and answering our questions this morning. You are respectfully discharged.
Hon Members, we would move on to the item listed as 4 -- Statements.
Hon Members, the Hon Okudzeto Ablakwa has a Statement in condemnation of the killing of George Floyd, the demand for justice and an end to racism.
Hon Member, I was looking for you early on with regard to anything else apart from racism, which is your topic. You may therefore avoid any such reference to matters that has got nothing to do with racism. They may

be political, so let us have racism. Your particular paragraph which refers to an issue here should be dealt away with. That is the only condition that I would give.

Hon Member, you may present your Statement.
STATEMENTS 11:12 a.m.
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 11:12 a.m.
Mr Speaker, I am most grateful to you for the opportunity to make this rather difficult and traumatic Statement.
On the 25th of May 2020, a day we on this continent observed as Africa Day -- a fellow unarmed African American known as George Floyd was pinned to the ground by police officer Derek Chauvin who pressed his knee on Mr Floyd's neck for eight minutes and 46 seconds until he became unconscious and died.
The gruesome and extremely painful murder which was carried out in broad day light was captured on camera. The horrific video which will rank amongst the most despicable footage the world has ever seen came
with the last words of “I cannot breathe” from a dying Mr Floyd. Those distressing and extremely agonising circumstances are forever etched in memory.
Mr Speaker, the awful and depressing killing of Mr Floyd must be condemned in the strongest possible terms and with all the force this august House can muster.
Mr Speaker, this traumatic episode serves as a chilling reminder that the war against racism has not been won.Mr Speaker, the harrowing and shocking killing of George Floyd has sparked protests in many States in the United States of America and in some impressive number of countries around the world.
It is absolutely remarkable to observe that despite grappling with a highly contagious COVID-19 pandemic which demands physical distancing to minimise the risk of infection, many have defied the pandemic and poured out in their thousands in countries such as Germany, United Kingdom, New Zealand, Australia, France, Liberia, Brazil, Iran, Canada, Denmark, Kenya, Netherlands, South Africa, and Mexico to register their revulsion and outrage at what happened in
Minneapolis. We have seen some vigils in Ghana and the memorial ceremony by our Ministry for Tourism and Creative Arts.
Mr Speaker, the Floyd incident has brought back memories of Amadu Diallo, the Guinean immigrant, who was wrongly killed and shot 41 times by New York police officers on February 4, 1999; Laquan McDonald shot 16 times, Eric Garner, Michael Brown, Tamir Rice, Walter Scott, Freddie Gray, Jamar Clark, Alton Sterling, Philando Castile, Stephon Clark, Botham Jean, Breonna Taylor and many others. Data collected by the Washington Post reveals that though blacks make up 12 per cent of the US population, from 2015 - 2019 they accounted for 26.4 per cent of those killed by police under all circumstances.
Mr Speaker, the world is grieving. Pope Francis condemned Floyd's killing, prayed for those suffering from the “sin of racism” and cautioned: “My friends, we cannot tolerate or turn a blind eye to racism and exclusion in any form and yet claim to defend the sacredness of every human life.”
Mr Speaker, the UN Secretary- General, Anthonio Guterres has also condemned racism and called for efforts to end inequality and
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 11:22 a.m.


Mr Speaker, other world leaders including, Prime Minister Boris Johnson condemned the killing of the unarmed African-American man by police as he told MPs in Parliament that: “I think what happened in the USA was appalling and inexcusable”. German Foreign Minister, Heiko Maas also called the anti-racism protests “understandable and more than legitimate”.

Mr Speaker, here in Ghana, President Nana Addo Dankwa Akufo-Addo and his predecessors, Former Presidents Jerry John Rawlings and John Dramani Mahama have been united in the condemnation and thus lead on calls for justice.

Mr Speaker, racial injustice is a global issue and affects all of us. A few weeks ago, we were all witnesses to what happened to fellow Africans, including our own citizens in
Mr Speaker 11:22 a.m.
Thank you very much, Hon Okudzeto Ablakwa, for your well-researched and timely Statement.
Yes, Hon Mubarak, who actually filed a latter Statement when I had already received Hon Okudzeto Ablakwa's. Of course, he is also the Ranking Member.
Hon Mubarak, you may make your contribution.
Mr Ras Mubarak (NDC -- Kumbungu) 11:22 a.m.
Mr Speaker, I am grateful for the opportunity to make comments on the racial injustice against an unarmed African-American in the USA.
Mr Speaker, if we look at the circumstances of George Floyd's killing, one must be filled with a lot of hate, venom and evil. To choke another man, to put one's knee on the neck of another man for eight minutes and forty-six seconds can only be coming from someone who is filled with a lot of venom, with a lot of evil to do this to a fellow human being.
Mr Speaker, indeed, racism is happening all over the world. We see our footballers in Europe face discrimination on the pitches; racial slurs are hurled at them; we see our brothers and sisters in places like China where landlords have wrongfully evicted Africans in that country.
Mr Speaker, I hope that the death of George Floyd which has ignited protest movements around the world would be a shining moment for countries all over the world to reform their institutions and to do everything possible to eschew acts of racism.
Mr Speaker, I am sad to say that I have had my experience of racism; in 2002 in London on a bus, as I entered the bus and picked the next available seat, a white woman who was seated at the seat I was to join, stood up and stood in the bus for the duration of the trip. She just could not
bring herself to sitting next to a black person. Again, in 2006, transiting through Heathrow Airport, I entered a record shop to buy some records. And a middle aged attendant sneered and blurted out that I should be careful I did not steal any CDs from the shop. Angered by his comments, I quietly left the shop.
Mr Speaker, but that is how Africans or persons of African descent are profiled and discriminated against all over the world. And this must not be entertained.
Mr Speaker, today in America, a person with an African-sounding name with the same university qualifications as a person with the Western-sounding name in a Curriculum Vitae (CV) is less likely to be called up for an interview.
That is the reality. Even after all these years of calls for racial justice, this is happening in USA. Mr Speaker, today in the USA, after all these years of racism, a working class white man is more likely to get a facility from a bank than a rich person of black colour. That is the reality in the USA.
The USA must dedicate itself to rooting out racial injustice; America must put itself on the right side; and the right side means building a just, a
Mr Speaker 11:32 a.m.
A Member can suggest.
Mr Ras Mubarak 11:32 a.m.
Thank you Mr Speaker. We should hold a minute's silence in memory of those who have been killed in racial violence.
Mr Speaker 11:32 a.m.
Leaders, one from each Side.
Minority Leader (Mr Haruna Iddrisu) 11:32 a.m.
Mr Speaker, let me thank you for admitting this Statement. This would stand as Ghana's Parliament's contribution in the condemnation of continuing global racism.
I have repeatedly said that as Africans, we have suffered three traumatic events in a row -- slavery,
colonialism and continuing global racism. The sudden departure and gruesome murder of George Floyd who was subjected to eight minutes, 46 seconds of choking while saying those significant words, “I can't breath” --
Mr Speaker, let “I can't breath” be an awakening to all of us. I was looking through the preamble of the United States of America's (USA) Constitution and these words resonated: “secure blessings of liberty”. I am not too sure George Floyd is a beneficiary of that liberty guaranteed him as a citizen of the
USA.
Globally, there is condemnation of the conduct of the police and that calls to the fore, the use of reasonable force by the police. Even in Ghana, there have been excesses by the police in their handling of suspected criminals and the Supreme Court has had to make a significant ruling on what constitute reasonable force.
Having one's knee on the neck of a suffocating person for eight minutes and 46 seconds, certainly cannot be “reasonable force” and it cannot be justified.
Mr Speaker, as Africans, inequality even in Ghana is still rife between the rich, poor and middle-class, and in the world, between whites and blacks. If you go beyond the declaration of independence in USA, at least, they had the honour and pride which remains the historic legacy of the American Constitution when Barack Obama assumed the highest office of USA. Many assumed USA had given true meaning to opportunity to secure the blessings of liberty and to create the egalitarian society that USA professes it provides.
Mr Speaker, while we condemn this, at least, the USA and its police service have responded positively to this unfortunate incident. There is global consensus on reforms of their police service. Probably, in Ghana, our Minister for the Interior and the Inspector General of Police must learn and keep faith with the provisions of Chapter 5 of the 1992 Constitution.
I can only thank Hon Ablakwa for a very succinct Statement which should be an awakening for all of us to demand justice for the black race and to demand an end to continuing global racism.
Mr Speaker, some businesses have responded very positively. There were businesses in the world where
Mr Speaker 11:32 a.m.
Thank you very much. Majority Leadership?
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 11:42 a.m.
Mr Speaker, thank you for also granting me space to make a few comments on the gruesome murder of George Floyd. The murder of George Floyd is indeed the latest in a series of injustices against black people in USA, where racism against minority groups in particular, against blacks is deep-seated.
Yet USA, paradoxically, is supposed to be the beacon of democracy. It is supposed to be the epitome of democratic governance. Our democracy borrows hugely from American democratic governance and it is ironical and indeed paradoxical that this heinous crime should happen on American soil.
Mr Speaker, article 12 (2) of our Constitution, again borrowing hugely from the American democratic governance provides and with your indulgence, may I read --
“Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for public interest.”
Mr Speaker, this is the cornerstone of our freedoms. Again, we borrowed hugely from what happens in USA. In Ghana, the right to life, again borrowing from USA, is enshrined in article 13 (1) of our Constitution which with your permission provides as follows:
“No person shall be deprived of his life intentionally except in the exercise of the execution of a
sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted.”
Mr Speaker, I believe that the American society needs to reflect on the right to life. The respect for human dignity, which we again borrowed hugely from American democratic practice, as enshrined in article 15 (1) and (2) of our own Constitution provides that:
“(1) The dignity of all persons shall be inviolable.
“(2) No person shall, whether or not he is arrested, restricted, detained, be subjected to --
(a) torture or other cruel, inhuman or degrading treatment or punishment”.
Mr Speaker, again, we borrowed hugely from American practice. So, the question to ask is why USA which is supposed to be the lead figure and indeed the flagship of democratic governance is advertising such heinous and barbaric acts?
People should know that as Shakespeare wrote, and said that “the evil that men do lives after them”: Is it the case that leadership in USA
is giving some signals to really ignite racial injustice? USA needs to do serious introspection. Racial injustice, exclusion and indeed, discrimination in any form cannot be tolerated. Again, we have culled hugely from American democratic experiment and enshrined same in our Constitution.

Mr Speaker, in these days of cruelty and sundry bestialities, death no longer agitates human beings and yet this particular incidence has aroused the consciousness of all people in the world. That should tell America that there is something wrong with their current practice and they should do serious introspection.

Mr Speaker, as we have noted, the Head of the Catholic Church, Pope Francis was unequivocal in his choice of words in condemning what happened in America. The Secretary- General of the United States has done same; the Chairperson of the African Union Commission was loud, the President of South Africa joined, the Prime Minister of the United Kingdom, Mr Boris Johnson and our own President, Nana Addo Dankwa Akufo-Addo have done the same. There are many Heads of African countries who have not hidden their
Mr Speaker 11:42 a.m.
Thank you very much, Hon Leaders.
We shall have a minute of silence as suggested and agreed to by the Hon Leaders.
Mr Speaker 11:42 a.m.
May the soul of George Floyd rest in perfect peace. Amen!
Hon Members, that brings us to the end of Statements time.
At the Commencement of Public Business, item listed 5 -- Presentation of Papers.
Item numbered 5(a), by the Hon Minister for Youth and Sports.
Mr Kyei-Mensah-Bonsu 11:42 a.m.
Mr Speaker, I may want to plead with you to allow me to present this Paper on behalf of the Hon Minister for Youth and Sports.
Mr Speaker 11:42 a.m.
Hon Majority Leader, you may.
PAPERS 11:42 a.m.
Mr Speaker 11:42 a.m.
Item numbered 5(b), by the Hon Minister for Parliamentary Affairs.
By the Minister for Parliamentary Affairs --
Budget Performance Report in Respect of the Ministry of Parliamentary Affairs for the period January to December,
2019.
Referred to the Committee on Constitutional Legal and Parliamentary Affairs.
Mr Speaker 11:42 a.m.
Item listed 6 -- Motion, by the Hon Chairman of the Committee.
MOTIONS 11:42 a.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:42 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Request for waiver of Domestic VAT amounting to the Ghana cedi
equivalent of three million, one hundred and fifty-five thousand, two hundred and forty-four United States dollars eighty-eight cents (US$3,155,244.88) on local purchases and services in respect of the Rehabilitation and Upgrading of Equipment in Technical Universities, Polytechnics and Technical and Vocational Training Centres under the Government Concessional Loan Agreement between the Government of the Republic of Ghana and the Export-Import Bank of China.
Mr Speaker, in so doing I present your Committee's Report.
1.0 Introduction
The request for waiver of Domestic VAT amounting to the Ghana Cedi equivalent of three million one hundred and fifty-five thousand, two hundred and forty-four United States dollars eighty-eight cents (US$3, 155,244.88) on local purchases and services in respect of the Rehabilitation and Upgrading of Equipment in Technical Universities, Polytechnics and Technical and Vocational Training Centres under the Government Concessional Loan Agreement between the Government of the Republic of Ghana and the Export-Import Bank of China was presented to the House on Tuesday 26th May, 2020 by the Hon Deputy
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:52 a.m.


It had no option than to present the instant request to Parliament in consonance with the subsisting contract agreement for the implementation of the project.

Mr Speaker, the Committee has thoroughly considered the request and finds the approval of same to be necessary for the timely and smooth implementation of the project. In view of the anticipated benefits that the educational sector stands to gain from the implementation of the project, the Committee respectfully recommends to the House to adopt this Report and approve by resolution the request for the waiver of duties and taxes for the rehabilitation and upgrading of equipment in technical universities, polytechnics, technical and vocational training centres.
Mr Ras Mubarak (NDC-- Kumbungu) 11:52 a.m.
Mr Speaker, I beg to second the Motion and to say that the project under consideration is one that would go a long way to help boost education in our country. If we look at technical and vocational education, it is one that we have not given a lot of attention to and this House should support any effort to upgrade, rehabilitate, furbish and equip our brothers and sisters in these various
institutions to ensure that they get the requisite training that they desire.
Mr Speaker, if we go to a lot of the technical and vocational institutions across the country, they are an eyesore. A lot of them do not even have equipment; a lot of them do not have facilities adequate enough to ensure that the students we are churning out from these institutions are getting the necessary practical training in these various institutions.
Mr Speaker, I hope that this would go a long way in assisting our brothers and sisters in the vocational and technical institutions up and down the country. I would want to thank you very much and to urge my Hon Colleagues to support the Motion on the Floor.
Question proposed
Mr James Klutse Avedzi (NDC -- Ketu North) 11:52 a.m.
Mr Speaker, I thank you. Clause 2 of the supplementary 1 to the commercial contract agreement requires that the duties and taxes to be waived includes the domestic value tax. I therefore think that this is just to ensure that we go by the condition in the contract agreement. Mr Speaker, but if we add the US$3.1 million to the earlier amount which was waived by this
Mr Osei Kyei-Mensah-Bonsu (NPP -- Suame) 11:52 a.m.
Mr Speaker, as the Hon Deputy Minority Leader has indicated, what we are required to do really is in compliance with the supplementary agreement that came before this House and the total amount involved in this one is US$3.155 million.
Mr Speaker, he is right in saying that if we added that to the original, it would total to almost US$30 million. I agree with him that, if translated into the Ghanaian currency, it is close to about GH¢175 million. That is huge by all accounts. I also agree with him that we need to really probe into the regime of tax waivers. It is starting today and it is not starting yesterday or even a day before yesterday. It has been with us.
Mr Speaker, we as a House and indeed, I keep saying that, the Committee on Finance, have that charge to probe into this and advise the House. The remit of the Committee on Finance includes the facts as defined by Order 169 , that
the Committee on Finance shall be composed of 25 members to which Bills shall be referred, Inquiries and other matters relating to finance and the economy generally. They should tell us the impact of this on the economy.
Mr Speaker, your Committee comes before us and it is usually that the terms and conditions are favourable and so on and so forth. The Chairman of the Public Accounts Committee when he was the Chairman of the Committee on Finance was behaving to time. We have a new Chairman of the Committee on Finance but again the same thing is going on.
They apply themselves to some determined standards and that is what their reports relate to. It is the reason I keep insisting that going forward we should establish a Committee dedicated to the economy. Other than that, we would be more or less short- changing the House by the reports that they submit to this House.
Mr Speaker, having said so, what is happening today really gladdens my heart. I say so because, hitherto, we had consigned vocational education to the Ministry of Employment and Social Welfare and they were poor cousins. Vocational education was not
growing. Today, by what we are doing, we are making practical the migration of vocational education into mainstream affairs of the Ministry of Education.
I believe that should mark a new beginning for vocational and technical education. With the availability of funds, as the House has approved for the growth of technical universities, polytechnics, technical and vocational training centres, we are really going to elevate vocational training.
Mr Speaker, I would have thought that we had indeed compart- compartmentalised the allocations so that we know really what is going for vocational training centres. We have co-mingled them and it is difficult to really strand out the component that would go to vocational training centres.
It is indeed vaguely defined but I thought that going forward, we should come to terms with this so that we are able now to emphasise and provide the relevant focus for vocational education and training.
Mr Speaker, I believe that we are on the right track now and I hope that going forward, we shall have much more allocations to the growing of vocational training centres and indeed the technical ones as well.
Mr Speaker 12:02 p.m.
Thank you very much, Hon Majority Leader, and I will put the Question.
Question put and Motion agreed to.
Resolution to be taken by the Hon Minister.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, the Hon Deputy Minister is here. She will move the Motion for the adoption of the Resolution.
RESOLUTIONS 12:02 p.m.
Mr Kwame Governs Agbodza 12:02 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 12:02 p.m.
We will now move to the Consideration Stage. Majority Leadership, which of the Consideration Stage matters are we taking first?
Mr Kwasi Ameyaw-Cheremeh 12:02 p.m.
Mr Speaker, item numbered 8 -- Ghana Communication Technology University Bill, 2020.
Mr Speaker 12:02 p.m.
Hon Members, item listed 8 -- Ghana Communication Technology University Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 12:02 p.m.
STAGE 12:02 p.m.
Mr Kwame Governs Agbodza 12:02 p.m.
Mr Speaker, I think the Hon Chairman needs to read out the amendment completely. I think there is an (h) left out in the proposed amendment.
Mr Quaittoo 12:02 p.m.
Mr Speaker, I have read out paragraph (g), and so, if the Question is put on it, we then go on to paragraph (h).
Mr Speaker 12:02 p.m.
Any further queries?
Mr Agbodza 12:02 p.m.
Mr Speaker, the point I am making to the Hon Chairman is that you rightly called for item numbered (i), the Chairman cannot decide to take the amendment for paragraph (g) and say when --
So which one of them should the Speaker put the Question on? So he should read all out.
Mr Speaker 12:02 p.m.
Hon Chairman, make yourself clear.
Mr Quaittoo 12:02 p.m.
Mr Speaker, I beg to move, paragraph (h), delete and insert the following;
(h)determine the award of fellowships, scholarships, bursaries and prizes;”
Mr Speaker, in the former rendition, bursaries and prizes were left out.
Mr Speaker 12:02 p.m.
Yes, Hon Deputy Majority Leader?
Mr James Klutse Avedzi 12:02 p.m.
Mr Speaker, I think there is a little challenge there. The amendment being proposed says: “Clause 28, Amendment proposed -- paragraph (g), delete and insert the following”. In inserting, we have paragraphs (g) and (h), and so there is a big challenge there and maybe that is why the Hon Chairman moved only paragraph (g) and then paragraph (h) should have been another amendment to be proposed.
Mr Speaker 12:02 p.m.
We can take both.
Mr Osaei Kyei-Mensah- Bonsu 12:02 p.m.
Mr Speaker, in reality, because the two are different paragraphs, we should have
considered paragraph (g) separately before coming to paragraph (h).
Unfortunately, in listing the amendment, they listed both paragraphs (g) and (h) under paragraph (i). This explains why the Hon Chairman dealt first with paragraph (g) before coming to paragraph (h).
Mr Speaker, unfortunately, because they have listed both under clause 28 (a) (i), the Hon Agbodza indicated that the two should be moved together, which is what the Chairman has done, and now it creates another problem. So I believe that we could put the Question on paragraph (g) and then we come to paragraph (h) as the principle is understood by all of us.
Question put and amendment agreed to.
Mr Speaker 12:02 p.m.
Yes, Hon Chairman, now, paragraph (h).
Mr Quaittoo 12:02 p.m.
Mr Speaker, I beg to move, clause 28, paragraph (h), delete and insert “determine the award of fellowships, scholarships, bursaries and prizes”.
Question put and amendment agreed to.
Mr Speaker 12:02 p.m.
Very well. Let me put the Question to clause 28 as a whole --
Clause 28 as amended ordered to stand part of the Bill.
Mr Speaker 12:02 p.m.
Hon Chairman, has clause 29 been dealt with?
Mr Quaittoo 12:02 p.m.
Mr Speaker, there is no amendment.
Mr Speaker 12:02 p.m.
Is it yet to stand part of the Bill?
Mr Quaittoo 12:02 p.m.
Mr Speaker, we dealt with almost all the clauses.
Mr Speaker 12:02 p.m.
Very well, please, mention what is outstanding .
Mr Quaittoo 12:02 p.m.
Mr Speaker, I beg to move, clause 36, delete and insert the following;
(1) The Council shall ensure that the University keeps books, records, returns and other documents relevant to the accounts in the form approved by the Auditor- General.
(2) The Council shall submit the annual accounts of the University to the Auditor- General for audit at the end of the financial year.
(3) The accounts shall be under the signature of the Vice- Chancellor and the Director of Finance.
(4) The Auditor-General shall, within six months after the end immediately preceding financial year
(a) audit the accounts and submit the report to Parliament; and
(b) forward a copy each of the audit report to the Minister and the Council.
(5) The financial year of the University is the same as the financial year of the Government.”
Mr Speaker, what is advertised is an adopted rendition for accounting processes. So what is found in the original Bill is being replaced with what is on page 5 of the Order Paper.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, this is just a minor correction
in clause 36 (4). In line 2, after the first word, “and”, we insert “of the”.
Mr Speaker, it will read; “The Auditor-General shall, within six months after the end of the immediately preceding financial year
…”
I believe it is a typographical error so we should insert the words “of the”.
Mr Speaker 12:12 p.m.
Hon Chairman, is that acceptable?
Mr Quaittoo 12:12 p.m.
Mr Speaker, rightly so.
Question put and amendment agreed to.
Clause 36 as amended ordered to stand part of the Bill.
Clause 43 -- Interpretation.
Mr Quaittoo 12:12 p.m.
Mr Speaker, I beg to move, clause 43, Interpretation for “Convocation”, delete and insert the following:
“Convocation” means the Principal Officers of the University and all other senior members of the University appointed by the Council or Academic Board and who are registered by the Registrar as members of Convocation;”
Question put and amendment agreed to.
Mr Speaker 12:12 p.m.
Item numbered (iv).
Mr Quaittoo 12:12 p.m.
Mr Speaker, I beg to move, clause 43 insert the following:
“matriculation” means an event at which a person is formally recognised as a student of the University;”
Mr Joseph Osei-Owusu 12:12 p.m.
Mr Speaker, I understand the attempt to define “matriculation”, but I am wondering if there was a need to matriculate in today's Ghana, could there be an event? In that case, if today, there was to be a Matriculation, could there be an event? And if there is no event but rather a virtual event, or an online activity for instance on the Zoom App, would that be a matriculation? Would that fit the definition?
Mr Agbodza 12:12 p.m.
Mr Speaker, the Hon First Deputy Speaker has asked a very important question because today we do not know whether there would be a graduation ceremony for final year students of the universities or not. Now that we are making a new law, should we not be rethinking the definition for “matriculation” or “graduation”? Mr Speaker, however, he answered the question in a way because we can do a virtual event.
Maybe a handful of senior officers of the university could participate in a function and anybody who has qualified and the university awards a degree would be deemed to have been graduated. So they may not need to be physically present. I am sure that some Hon Members in this House have graduated from schools although they were not physically present on the graduation day, but that does not mean that they did not graduate.
Mr Speaker 12:12 p.m.
However, if it is an event then one may argue. But if it is a process, I can see there is agreement because whether by virtual
means or otherwise, it is still a process. Events can be rather more difficult to define.
Hon Ayariga?
Mr Mahama Ayariga 12:12 p.m.
Mr Speaker, you took the wind out of my sail. I also wanted to propose that in the light of recent developments dictated by the COVID-19 pandemic and how the world might change afterwards, we should be mindful of strict definitions such as “an event”. Mr Speaker, as you have rightly pointed out, an event could be more restrictive in defining what has happened. However, “a process” could be through electronic means such as Zoom App et cetera.But with “event” --
Mr Speaker, so I think it should be ‘the process for recognising that a person has formally become a student of a university'. This definition can loosely capture any other situation where a university defines it to be most appropriate.
In fact, the university may decide to do away with events and just write a letter to the person and that letter would constitute recognition that the person has formally become a student.
The person could just be given a document to sign and send it back through e-mail, and this can constitute matriculation.
Mr Speaker 12:12 p.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:12 p.m.
Mr Speaker, I believe that the COVID- 19 experience is giving us new definitions and so when a person is moving his head sideways, it is construed as nodding of the head. Indeed, we are not in normal times, otherwise this definition is certainly not a normal one. [Laughter].
Mr Speaker, an event has nothing to do with physical process. A process beginning and ending at a defined time is an event. If it begins at a defined time and ends at a define time, then that is an event. So it does not necessarily mean physical presence
and that is why I believe the proposed amendment is right. It has nothing to do with physical presence because it is a process that commences at a certain time and would end at a certain time.
So if it has to be defined as a process, then it is a process that begins and ends at a defined time. That is an event. So the event in the definition is right and it is the most appropriate word to use in the current circumstance.
Mr Speaker, in any event, when I was moving my head sideways, I was disagreeing with the position of the Hon Member for Bawku Central, Mr Ayariga, as well as the Hon First Deputy Speaker who is also the Hon Member for Bekwai.
Mr Peter Nortsu-Kotoe 12:12 p.m.
Mr Speaker, during the meeting held last week by the Committee on Education on the Stakeholders‘ Engagement on the Public Universities Bill, I remember very well that the Student Unions asked for an event at which certificates and degrees would be awarded.
The issue of the COVID-19 pandemic came up that if we are not in normal times then how can an event be Organised? So anybody can interpret an event to mean an occasion
Mr Speaker 12:12 p.m.
Very well.
Question put and amendment agreed to
Mr Speaker 12:22 p.m.
Hon Chairman, is there any further amendment to clause
43?
Mr Quaittoo 12:22 p.m.
Mr Speaker, no. This brings us to the end of the amendments.
Clause 43 as amended ordered to stand part of the Bill
First Schedule ordered to stand part of the Bill.
Mr Agbodza 12:22 p.m.
Mr Speaker, I just would want a clarification from the Hon Chairman. He defined “convocation“ and “matriculation“. Does that not require him to define
what “congregation“ also is since it would amount to the same thing? Or is it taken for granted and does not matter? If he defined “matriculation“, I think that he should necessarily define “congregation“ as well since it is not in the Bill.
Mr Speaker 12:22 p.m.
Is that with regard to clause 43?
Yes, Hon Chairman?
Mr Quaittoo 12:22 p.m.
Mr Speaker, we only defined words which are used in the body of the Bill. The word “congregation” was not used.
Mr Speaker 12:22 p.m.
Yes, Hon Member?
Mr Nortsu-Kotoe 12:22 p.m.
Mr Speaker, at the Committee level, we proposed an amendment which is not captured in the Order Paper. In Part 2 of the Schedule, line 2, the word “swear” is omitted. I beg to move, that after the word “God”, we insert the word “swear” so that it would read “in the name of the Almighty God, swear”.
Mr Speaker 12:22 p.m.
Hon Chairman, it is a matter of words. Do you agree?
Mr Quaittoo 12:22 p.m.
Mr Speaker, it is so.
Question put and amendment agreed to.
Mr Speaker 12:22 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:22 p.m.
Mr Speaker, I believe that Part 2 should follow the order set out in Part 1, which is to be sworn before the President or such other person as the President may designate. It has the same application, and if it has, then it has to be repeated in Part 2 because this is only for Part 1.
Mr Speaker 12:22 p.m.
Hon Chairman, are you following what the Hon Majority Leader is saying?
Mr Quaittoo 12:22 p.m.
Mr Speaker, yes I did. That I believe Part 1 is the right way of expressing this. Therefore, Part 2 should follow same.
Mr Speaker 12:22 p.m.
Do you want it amended accordingly?
Mr Quaittoo 12:22 p.m.
It is so, Mr Speaker.
Question put and amendment agreed to.
Second Schedule ordered to stand part of the Bill.
Long title -- An ACT to establish a Ghana Communication Technology
University as a public tertiary institution and to provide for related matters.
Mr Quaittoo 12:22 p.m.
Mr Speaker, I have a challenge with the Long Title. I beg to move that we insert “education” after “tertiary” to read:
“An ACT to establish a Ghana Communication Technology University as a public tertiary education institution and to provide for related matters.”
Mr Speaker, we inserted “education” in all the Regulatory Bills.
Question put and amendment agreed to.
Long Title as amended ordered to stand part of the Bill.
Mr Speaker 12:22 p.m.
This ends the Consideration Stage for the Ghana Communication Technology University Bill, 2020.
Hon Majority Leader, where do we go from here?
Mr Kyei-Mensah-Bonsu 12:22 p.m.
Mr Speaker, we can now move to item listed 9.
Mr Speaker 12:32 p.m.
Then, we would continue with the Consideration Stage. The Hon First Deputy Speaker would take the Chair.
Item listed 9 -- Land Bill, 2019 at the Consideration Stage.
Land Bill, 2019
Chairman of the Committee (Mr Francis Manu-Adabor) 12:32 p.m.
Mr Speaker, I beg to move, clause 10, subclause (1), line 3, at end, add “howsoever be described”.
Mr Speaker, this is just to match the provision of the Constitution. So the new rendition would be:
“A person shall not create an interest in or right over land in Ghana which vests in another person who is not a citizen of Ghana, a freehold interest howsoever be described.”
Mr Speaker 12:32 p.m.
Hon Chairman, why do you prefer “howsoever be described” and not “howsoever described”?
Mr Manu-Adabor 12:32 p.m.
Mr Speaker that is the language of the Constitution.
Mr Speaker 12:32 p.m.
Very well.
Question put and amendment agreed to.
Mr Manu-Adabor 12:32 p.m.
Mr Speaker, I beg to move, clause 10, subclause (3), line 2, delete “twenty-second day of August, 1969” and insert “22nd August, 1969”.
Mr Speaker, this is just for conformity.
Question put and amendment agreed to.
Mr Manu-Adabor 12:32 p.m.
Mr Speaker, I beg to move, clause 10, subclause (9), line 1, delete “(2) and -- [Interruption]
Mr Kyei-Mensah-Bonsu 12:32 p.m.
Mr Speaker, I disagree with the Hon Chairman in the amendment that he has proposed that we should delete “twenty-second day of August, 1969” and insert “22nd August, 1969.”
The Constitution provides as he read out first. Indeed, if you look at article 266(3), it reads:
“Where on the twenty-second day of August, 1969…”
Mr Agbodza 12:32 p.m.
Mr Speaker, the same article 266(3) in the Constitution uses the “twenty-second day of August 1969” just as the Hon Chairman proposed. So, both were used -- [Interruption] --. I am not sure the Hon Chairman has done anything wrong? Maybe that is his style, so allow him to have his way.
Mr Kyei-Mensah-Bonsu 12:32 p.m.
Mr Speaker, my Hon Colleague is not following the debate.
In article 266(3) of the Constitution, line 1, it uses “twenty- second day of August, 1969.” It is written in words. And then same sub clause (3), line 5, as the Hon Agbodza just read it is stated as “twenty- second day of August, 1969”, which is written in words.
When we come to sub clause (5), the same “twenty-second day of August, 1969”. Now, the Hon Chairman says we should delete that
one and insert “22nd August, 1969.” That is alien to the Constitution, so when Hon Agbodza rose up to agree with the Hon Chairman, that was why I told him that he was not following the debate. Mr Speaker, we should conform to the constitutional language.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:38 p.m.
Hon Member, even if it would make it convenient for reference purposes, because it is described differently from what the Constitution says, we cannot do so?
Mr Kyei-Mensah-Bonsu 12:38 p.m.
Mr Speaker, the date “22nd August, 1969” would be a difficulty for us. We do not write the laws that way. That is why I would want us to use the language in the Constitution. So I believe we do not have delay over this.
Mr First Deputy Speaker 12:38 p.m.
Hon Leader, I would suggest that if you pick “22nd” it is twenty-second, it is the same date expressed in words, but it is easier to identify it in a bill, “22nd” as twenty-second. It has not changed the text, the reference or the meaning.
Mr First Deputy Speaker 12:38 p.m.


The Bill would only make it convenient to identify. Is that not permissible?
Mr Kyei-Mensah-Bonsu 12:38 p.m.
Mr Speaker, the argument proffered by the Hon Chairman was that he wanted to conform to the Constitution -- [Laughter] -- and he did not conform to it, and that is the issue now.
Mr Speaker, I believe we can leave this to the draftspersons and save our space.
Mr First Deputy Speaker 12:38 p.m.
Hon Member, I think it is easier to identity “22nd” in figures than when it is in words. So Hon Chairman, what is your proposition? Do you leave it as it is? You are not conforming; you are changing --
Mr Manu-Adabor 12:38 p.m.
Mr Speaker, we should drop that amendment.
Mr First Deputy Speaker 12:38 p.m.
All right, amendment abandoned.
Mr Manu-Adabor 12:38 p.m.
Mr Speaker, I beg to move, clause 10, sub clause (9), line 1, delete “(2) and (3)” and insert “(2), (3) and (7)”.
Mr Speaker, all these sub clauses talk about debarring non-citizens from holding freehold interest in land. We did not add sub clause (7), which also does the same thing, and sub clause (1) does not.
Mr First Deputy Speaker 12:38 p.m.
Hon Member, so we are deleting “(1)” and inserting “(2), (3) and (7)”?
Mr Kyei-Mensah-Bonsu 12:38 p.m.
Mr Speaker, I think the amendment has been wrongly captured. The Hon Chairman proposed that we delete “(1), (2) and (3)” and insert “(2), (3) and (7)”. So “(1)” should be omitted, then we add “(7)”. But then it is captured that we should delete “(2) and (3)”, and “(1)” which is not a prohibition that should not belong there, it has been left out there.
Mr First Deputy Speaker 12:42 p.m.
So in effect, after the amendment, it should read 2, 3, and 7. Is that right?
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Clause 11 -- Prohibition of discriminatory practice
Mr First Deputy Speaker 12:42 p.m.
Item numbered 9(iv) Hon Chairman?
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I beg to move, paragraph (a) delete and insert the following: “place of origin, political opinions, colour, gender, occupation, religion or creed, or”.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:42 p.m.
Item numbered 9(v).
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I beg to move, add the following new paragraph before paragraph (b)
“disability; or”
Question put and amendment agreed to.
Mr First Deputy Speaker 12:42 p.m.
Hon Members, item numbered 9(vi).
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I beg to move, closing phrase, delete “in contravention of article 17 of the Constitution”.
Mr Speaker, we are deleting the closing phrase because we added “disability”. We have added something which is not in the Constitution so we have to delete the quote.
Question put and amendment agreed to.
Clause 11 as amended ordered to stand part of the Bill.
Clause 12 -- Protection of land and interest in land.
Mr First Deputy Speaker 12:42 p.m.
Item numbered 9(vii).
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (a), after “unlawfully” insert “exercises or” so that the new rendition would be:
“A person who unlawfully exercises or purports to exercise supervision or control of land development in a location”.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:42 p.m.
Item numbered 9(viii).
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (b), delete and insert the following:
“has no interest in land and extorts money or other benefit from a person who has an interest in land; or”.
Mr Manu-Adabor 12:42 p.m.


Question put and amendment agreed to.
Mr First Deputy Speaker 12:42 p.m.
Hon Members, the item numbered 9(ix).
Mr Kyei-Mensah-Bonsu 12:42 p.m.
Mr Speaker, in the original paragraph (b), we have “the developer from developing the land”. I thought we needed to maintain that leg to clause 12) (1)(b) to read:
“has no interest in land and extorts money or other benefit from a person has an interest in land or a developer from developing the land”.
I thought we needed that because we may have a contractor for instance who may not necessarily have an interest in the land, but his services have been hired by the person who has an interest in the land to develop that land. So I thought we needed to add that leg in the original rendition to it to make it fuller so that it would read:
“has no interest in land and extorts money or other benefit from a person has an interest in land or a developer by preventing the developer from developing the land”.
Mr Agbodza 12:42 p.m.
Mr Speaker, the Hon Majority Leader is right. The headnote of that clause reads, “Protection of land and interest in land”. Indeed, the person holding the interest in the land might be the one holding the title, but the one developing it may be completely different.
Mr Speaker, we have passed a lot of agreements in this House. The developer may not even be a Ghanaian and has no interest in the land. His job is to develop that land, but he is being prevented from developing the land unlawfully. So this is to tighten the rendition to suggest that it is not only the person holding the interest, but the developer of the land should also not be prevented unlawfully from developing the land.
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I agree with the Hon Majority Leader so we would want to add “a developer from developing the land”.
Mr First Deputy Speaker 12:42 p.m.
What would the new rendition be?
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, the new rendition would be:
“A person who
(c)“has no interest in land and extorts money or other benefit from a person who has an interest in land or a developer from developing the land”.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:42 p.m.
Item numbered 9(ix).
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, the items numbered 9 (x) and (xi) are the same, so I propose we go to item 9(x) and then when we get to item 9(xi), then 9(x) would be considered. We are amending subclause (1)(c) here, but we are proposing a new paragraph (c) at 9(xi). We would have to jump the item numbered 9(ix).
Mr First Deputy Speaker 12:42 p.m.
Are you deleting the existing paragraph (c)?
Mr Manu-Adabor 12:42 p.m.
Yes. We are deleting that amendment.
Mr First Deputy Speaker 12:42 p.m.
Item numbered 9(x).
Mr Manu-Adabor 12:42 p.m.
Mr Speaker, I beg to move, add the following as
new sub-clause (1):
“A person who has an interest in land has a right to protect the land.”
Dr Pelpuo 12:52 p.m.
Mr Speaker, I have a feeling that this rendition which we have made legislation about would overturn the whole concept of land guard. The whole concept is that people may have interest in a land, and because it belongs to them, they may take people to go and protect it. There is a whole law that says that they should not do it anymore, so I do not see how this thing can agree with the existing law. For me, it would be deeply exploited, and it can have the consequence of rendering the law on land-guardism ineffective.
Mr First Deputy Speaker 12:52 p.m.
The rendition in the Bill itself criminalises somebody who unlawfully prevents the owner of a land or an agent of the owner from using the land, but we would want to change that and bring that the owner of the land will protect the land. The phrase: “Protect the land” is such an open term.
Yes, Hon Member?
Mr Bedzrah 12:52 p.m.
Mr Speaker, perhaps the Hon Chairman of the Committee can help us out by informing us on how the owner would protect his land or property.
Mr Manu-Adabor 12:52 p.m.
Mr Speaker, he would do so by lawful means. [Laughter].
Mr First Deputy Speaker 12:52 p.m.
What does that mean?
Hon Afotey-Agbo, I can see that you are agitated, and I am not surprised. I would want to hear you.
Mr Afotey-Agbo 12:52 p.m.
Mr Speaker, I am surprised to see this proposed amendment in the Order Paper. This is because one may have interest in a land, but if he does not own it, then how can he protect it? He must be the owner of the land to have an interest in it. One may wish to possess a piece of land, but it does not mean that if he has an interest in it, then he could just start protecting the land.
Mr First Deputy Speaker 12:52 p.m.
The kind of interests differ. One may be a tenant.
Mr Afotey-Agbo 12:52 p.m.
Mr Speaker, for one to have the right to go and protect a particular land, he must have ownership.
Mr First Deputy Speaker 12:52 p.m.
What is the meaning of ownership? If for instance, the land has been leased to me for ten years, I am the owner of the land, who has the right of possession for that period. If I have the right to use it; a usufruct, then I have the right to protect it.
If I am the allodial owner like your father, then I have the right to protect it, but if you lease it to me for ten years and you come back on it, then I have the right to protect it against you. So “owner” may mean different things at different times.
Mr Afotey-Agbo 12:52 p.m.
Mr Speaker, I agree with you.
Mr First Deputy Speaker 12:52 p.m.
Hon Chairman, it appears that the right to protect it is controversial.
Hon Deputy Minister, the right to protect the land as posed here may be too open and may be opened to dangerous interpretations.
Mr Owusu-Bio 12:52 p.m.
Mr Speaker, I support that we have a clause like that. However, as you were saying, it is a bit open, and we may have to look at the rendition well. It is important that if one has an interest in a land, he is able to protect it lawfully.
Mr First Deputy Speaker 12:52 p.m.
You see, under customary law or common law, if one has an interest in a land, it is a matter of course; he is entitled to protect it. The means by which one protects it is where one has to stay within lawful means. It is a matter of course, and it is one's right to protect anything that he possesses.
However, if we state it here, then it may appear as if now, one could bring his own security men to ensure protection, and that is where the land guards, whom we have banned from operating comes in.
Mr Bedzrah 12:52 p.m.
Mr Speaker, I think that the Hon Chairman should abandon this. If we look at clause 12(1)(a), in agreement to his suggestion, it would be captured as:
“A person who has an interest in land has the right to protect the land;
(a) unlawfully purports to exercise supervision…”
Mr Speaker, it does not even flow. [Interruption] -- I think that he should abandon it, otherwise, because people have an interest in a land and may want to protect it, they may bring in land guards to do so.
Mr Agbodza 12:52 p.m.
Mr Speaker, we all have things that we feel we are entitled to, including our houses. I do not believe that the steps that we take to protect our houses can be misconstrued to be that we are exercising that right in any unlawful way.
We are writing a law, and the law would not suggest that one should put granite in front of his door to prevent a thief from entering his house. I think that we can improve that statement by the addition of the word “lawfully”, and then we could leave it at that.
This is because we are trying to -- if we look at the law that we passed recently on vigilantism, there are clauses in there which are targeted at land-guardism and other things, but I think that this Land Bill is trying to consolidate almost all those things in one legislation. So I think that bringing this in here is not wrong.
Mr Speaker, indeed, if one is to act unlawfully in the protection of his property, then the law would deal with him as well. So I do not think that this opens the flood gates for anybody to do anything wrong and get away with it.
Mr Kyei-Mensah-Bonsu 12:52 p.m.
Mr Speaker, the Constitution provides in article 18(1) that every person has the
Mr First Deputy Speaker 1:02 p.m.
What is wrong with what is captured in the Bill as at now? Let us read paragraph (c). It says:
“Personally or through another person unlawfully uses force or violence to prevent a person who has an interest in land from having access to the land or drives away that person with an interest in land from the land commits an offence and is liable on summary conviction to a fine of not less than ten thousand penalty units and not more than
twenty thousand penalty units or to a term of imprisonment of not less than ten years and not more than twenty years, or to both.”
Here, we are providing for protection of the interest of those who have interest in land from the intruder. I think that it is sufficient because we do not need -- This is because one's right to protect his property is already enshrined in the Constitution.
Indeed, under the Criminal Law, one of the justifiable offences is to use force to protect one's life and his property. It is a defence, but the danger is that if we state it here, we may be -- because one's right is known, and it is protected. However, this law provides for anybody who invades one's rights to be punished. I do not know if this is not sufficient, but I would want to hear from the lawyers.
Yes, Hon Member for Asante Akyem North?
Mr Andy Kwame Appiah-Kubi 1:02 p.m.
Mr Speaker, I thank you very much for the opportunity. In practice, people purport to protect their property outside the Judicial system. That is wrong and that is why we always get infractions from combatants.
Mr Speaker, but it is in the law that we protect our property under the Constitution but the interpretation of the ‘rightful owner'' is always a judicial decision and for which reason, we need to do the crafting to suggest that we need to go through a judicial process for a declaration of title for which the law would also assist us in consolidating our possession.
But if it is left open like that, the misinterpretation of the provision would invite claimants who otherwise, may not be rightful owners but maybe through the use of brute force they may want to assert on their possession so I think that in all cases of even ‘rightful owners' seeking to protect their land, they must use the judicial process.
Mr Afotey-Agbo 1:02 p.m.
Mr Speaker, I think the law is there for every land owner to get the police engaged to drive people out of their land when people are encroaching the land.
Mr Speaker, recently, we have a land somewhere and some people were trying to encroach on it; just misbehaving, I looked at myself and my stature and I said to myself how do I move my relatives or my family people to go and get them dealt with? A land is not like a dress that one could take and run away with it. So the
laws are already there to protect owners of lands. When people are given the chance to protect -- it is just like one being allowed to register a side arm.
Then for the fact that one has license for the side arm, anybody at all who misbehaves towards one, one just take the pistol and shoot the person. One would be dealt with; people should not be given that opportunity. It may favour me but it would not help the country.
Mr First Deputy Speaker 1:02 p.m.
Hon Chairman, the issue raised by the Hon Member for Asante Akyem North is critical. It is always about who is the rightful owner? The conflict; I say I have a right, then, the Hon Member for Adaklu also says he has a right and therefore I am protecting my right; he is also protecting his right and the conflict arises.
Is that why the Judiciary is left to determine who is the rightful owner? This is where the risk is. Who is the rightful owner would always be at the heart of the dispute so who would be right to say he is protecting his interest? That is the danger we carry.
Mr Kyei-Mensah-Bonsu 1:02 p.m.
Mr Speaker, I am having an aside with the Hon Member for Asante Akyem North. If I have a parcel of land, I
Mr First Deputy Speaker 1:02 p.m.
Hon Majority Leader, you read the right to life in the Constitution, right? Did we state that the person who has a right to life is entitled to protect his life? Did we say that in the Constitution? Everybody has a right to life but we did not state that everybody has the right to protect their lives. But nobody dares takes anybody's life; the law would deal with that person.
In self-defence, it is a defence to a charge. When somebody else is the aggressor, then -- and the same thing applies to land.
Mr Kyei-Mensah-Bonsu 1:02 p.m.
Mr Speaker, respectfully, I do not see a clear expression of what you have said in the Constitution -- the right to life. Article 13 says:
“No person shall be deprived of his life”.
There is no clear provision that a person has right to life. That is in the Constitution.
Mr First Deputy Speaker 1:02 p.m.
Protection of right to life -- that is the side note.
“No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence”.
So one's right to life is presumed unless it is in the execution of a sentence; a judicial process, nobody can take it.
Mr A. K. Appiah-Kubi 1:02 p.m.
Mr Speaker, I would like to share a practical experience with you. There is this company in Brong Ahafo that purportedly acquired land, registered it not knowing the land is a trust
property and the beneficiaries of the trust have not been paying their money although the land is registered.
Then, the beneficiaries attempt to go on part of the land having cultivated it into a farm. Then, this claimant goes to destroy the property of the beneficiaries. We are in court. They are purporting to be protecting a land so acquired from somebody wrongfully but having secured a land title certificate so that person who wanted to protect that land, ought to have gone to court for the court to have determined his right for him to have protected it.
Mr Speaker, so the absence of the Judicial process could either make one's action unlawful or lawful but the Court must determine one's right before so that if one has interest having registered that interest and one believes that one has it, if somebody has come to the land, one must protect it lawfully through the court.
What I am adding is that one cannot by right, go to protect the land leaving the Judicial system. And in any case, if one has a title and somebody comes challenging it, one's right to re-enter is by a determination of a court, not by oneself suo moto.
Mr First Deputy Speaker 1:02 p.m.
Yes, Hon Member for Adaklu?
Mr Agbodza 1:02 p.m.
Mr Speaker, the Hon Member has made a very good point. Assuming that the court even pronounced that the property is one's and yet somebody who was not part of the court process, comes to say that it is his, are we saying that one should vacate the land and go for another court determination? In fact, one can show a land title to somebody and the person could tell you it is fake, does that mean one should vacate his house until a court makes a determination?
Mr Speaker, I do not think this—
Mr First Deputy Speaker 1:02 p.m.
Being in possession itself is about 99 per cent of -- so; being in possession, unless the court throws you out, but the danger is where one is in possession, somebody else comes and says he has a title.
Do they fight one another protecting their rights? Each one of them has some right so; the court will determine it. That is the danger in saying ‘protecting your right in a Bill like this.
Anyway, let us go back to Hon Member for Wa Central; he started—
Mr Bedzrah 1:12 p.m.
Mr Speaker, I proposed that the Hon Chairman stands this amendment down then go to read the Vigilante Bill and look at the portions that talks about land guards and the offences there. One of the offences is that you do not have to send anybody there to say you are protecting land.
If you send anybody there to protect the land, whether it belongs to you or not, it is an offence. Then when you read it, you can try to see whether this proposal you are making can fit in.
So it is something that I propose we do not go ahead with. If we cannot delete it and the Hon Member still insists on it, we would stand it down for him to refer to the Vigilante Act before he comes back to make a proposal that would be inclusive of all the issues that we are talking about.
Mr Bedzrah 1:12 p.m.
Mr Speaker, I also agree with Hon Pelpuo that the Hon Chairman should step it down. I believe that by the time we finish, Hon Agbodza and the Hon Majority Leader would agree with us that the determination of interest in a land would be determined by the judicial process.
I can state that this land belongs to me and I have interest in it. We are not talking about one owning the property but showing interest and that determination is what we are talking about. So we want to plead with the Hon Chairman to go back and do some consultation. Either he steps it down or abandons his argument.
Mr First Deputy Speaker 1:12 p.m.
Hon Chairman, do you propose to continue with the other amendments like (xi) and others? If you propose, let us do it or we would stand down the entire clause 12 and move on.
Mr Manu-Adabor 1:12 p.m.
Mr Speaker, we can stand down clause 12 and move to clause 13.
Mr First Deputy Speaker 1:12 p.m.
Very well. Consideration of clause 12 is deferred.
Clause 13 -- Management of stool, skin, clan, family and group lands
Mr Manu-Adabor 1:12 p.m.
Mr Speaker, I beg to move, clause 13, headnote, delete “skin, clan, family and group” and insert “skin and family”.
So it would read: “Management of stool or skin and family lands”.
Mr First Deputy Speaker 1:12 p.m.
So the intention is to do away with “clan” and “group”? So it would become “stool or skin and family lands”. Very well.
Question put and amendment agreed to.
Mr Manu-Adabor 1:12 p.m.
Mr Speaker, I beg to move, clause 13, subclause (1), line 1, before “article”, insert “clause (8) of” and in line 2, delete “family or group” and insert “or family”.
The new rendition would read:
“Pursuant to clause 8 of article 36 of the Constitution, stool or skin or family land shall be managed in accordance with this Part”.
Question put and amendment agreed to.
Mr Manu-Adabor 1:12 p.m.
We have deleted “clan” from subclause 1, line
4.
Mr Agbodza 1:12 p.m.
Mr Speaker, I would like to ask the Hon Chairman if it is the case that under clause 13, we delete “clan” everywhere we see it, so that we do not go back to it all the time?
Mr First Deputy Speaker 1:12 p.m.
I think so because “clan” and “group” have been deleted from the headnote. So everywhere we see “clan” and “group”, under clause 13, we delete them from the Bill.
Question put and amendment agreed to.
Mr Manu-Adabor 1:12 p.m.
Mr Speaker, I beg to move, clause 13, subclause(2), line 2, delete “stool, skin” and insert “stool or skin and also delete “family, clan” and insert “ family or clan” also delete “or group”.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:12 p.m.
Item numbered 9 (xviii), Hon Chairman? [Pause] This is the same thing and it cuts across. We are deleting “group” and “clan”, so I direct the draftspersons to delete “group” and “clan” from the text of clause 13.
Is there any other amendment apart from the deletion of “clan” and “group”?
Mr Manu-Adabor 1:12 p.m.
Yes Mr Speaker, I beg to move, clause 13, subclause (6), paragraph (a), line 4, delete “and”.
Mr First Deputy Speaker 1:12 p.m.
I direct the draftspersons to make that correction to delete “and” in line 4 of subclause 6.
Question put and amendment agreed to.
Clause 13 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 1:22 p.m.
Mr Speaker, just a little observation. I think that just as we did for the “stool, skin” where we said it should be “stool or skin”, we should emphasise same throughout clause 13. I think that there are a few places where those amendments were not done. Beginning from clause 1, it should read “stool or skin”. So consequentially we could have that done.
Mr First Deputy Speaker 1:22 p.m.
Yes, I directed that already.
Clause 14 -- Customary Land Secretariat
Mr Manu-Adabor 1:22 p.m.
Mr Speaker, I beg to move, clause 14, subclause 4, line 1, delete “six'' and insert “three''.
The new rendition would read:
“A Customary Land Secretariat shall at the end of every three months submit to the Lands Commission and the Office of the Administrator of Stool Lands records of each transaction recorded by the Customary Land Secretariat''.
Question put and amendment agreed to.
Clause 14 as amended ordered to stand part of the Bill.
Clause 15 -- Functions of the Customary Land Secretariat
Mr Manu-Adabor 1:22 p.m.
Mr Speaker, I beg to move, clause 15, add the following new paragraphs as follows:
“provide facilities for search to be conducted on the records''.
Mr Speaker, we want the Customary Land Secretariat to structure their data so that they can provide facilities for searches to be done at their secretariat.
Mr Agbodza 1:22 p.m.
Mr Speaker, this is a useful addition. One of the reasons people keep paying for lands that somebody else has already acquired is simply because it is not very easy to check real ownership of land so the Customary Land Secretariat
should be able to have a system where a conveyancer or people who express interest in land should be able to check the rightful owners of lands before they even venture to acquire interest in them.
Mr Bedzrah 1:22 p.m.
Mr Speaker, clause 1(c) says, “provide facilities for search to be conducted on records'' but they have already provided under clause 15 (1) (c), that the secretariat shall provide relevant records on land and records on land could be used for searches -- information on hierarchy of interest and rights in land and laid down processes for effective dispute resolution. All these could be used as a search on a land so we do not need to provide any clause because it has already been stated.
Mr Agbodza 1:22 p.m.
Mr Speaker, we even stretched it by saying that there is a law that requires the right to information. We also talked about digital ways of search. In other jurisdictions one could search properties and find out the owner at a fee. We do not want to leave it to them although the records exist because it could be in a file somewhere.
We want it to be easy to access. They might have the record but they must provide facility for the search to
be done. As a policy, we are told that all the Land Administration Units are supposed to do that to make easy search of landed property across the country. So it is not only having the record but to provide facility to make the search easier.
Mr Bedzrah 1:22 p.m.
Mr Speaker, we have the right to information law in the country and every establishment is supposed to have an information officer. I am sure the Customary Land Secretariat would also have an information officer so that if a person wants a particular information on a particular land, that information officer, is obliged by the right to information law to provide that information.
Mr First Deputy Speaker 1:22 p.m.
If no facilities have been made available to enable the information officer to provide the information, then even though the information may be available, he might say he is required to keep the records. It would cost us nothing if we provide the facilities to facilitate a search.
Mr Bedzrah 1:22 p.m.
Mr Speaker, by the right to information law, there is supposed to be an information officer, who is supposed to make available every information that a person needs
Mr Bedzrah 1:22 p.m.


according to the law. In my view, this is redundant, so we should rather leave it as it is.

Question put and amendment agreed to

Clause 15 as amended ordered to stand part of the Bill.

Clause 16 -- Structure and staffing of Customary Land Secretariat
Mr Manu-Adabor 1:22 p.m.
Mr Speaker, I beg to move, clause 16, subclause 1, line 1, delete “group'' and in line 2, delete “its'' and insert “the''.
The new rendition would be:
“A stool, skin or family that establishes a Customary Land Secretariat shall determine and appoint the required staff on merit and in accordance with best human resource management practice and gender considerations''.
Question put and amendment agreed to.
Clause 16 as amended ordered to stand part of the Bill.
Clause 17 -- Powers of the Customary Land Secretariat
Mr Kyei-Mensah-Bonsu 1:22 p.m.
Mr Speaker, although there is no advertised amendment to clause 17, I beg to move, that in clause 17, paragraph (a), line 1, delete “it'' and insert “the secretariat''.
The new rendition would read:
“The Customary Land Secretariat may
(a) charge and collect fees for the services that the secretariat renders to the public''.
Mr First Deputy Speaker 1:22 p.m.
So you are proposing that we delete “collect'' and insert “charge''.
Mr Kyei-Mensah-Bonsu 1:22 p.m.
No, Mr Speaker. I proposed that we should delete “it'' and insert “the secretariat'' in line 1.
Question put and amendment agreed to.
Clause 17 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 1:22 p.m.
Before I move on, Hon Chairman, who would determine the fee? Would it be the secretariat or through the fees and charges -- ?
Hon Deputy Minister for Lands and Natural Resources, who would determine the fees?
Mr Owusu-Bio 1:32 p.m.
Mr Speaker, that is the law but currently the Customary Land Secretariat which exists is doing it. [Interruption] -- If by Parliament, then what they are doing is outside the remit of the law, but then among themselves they are able to come out with a prescribed fee. That is still outside the remit of the law.
Mr First Deputy Speaker 1:32 p.m.
Is the existing Customary Land Secretariat established by law?
Mr Owusu-Bio 1:32 p.m.
Mr Speaker, no, there is no law or regulation governing it.
Mr First Deputy Speaker 1:32 p.m.
It is an operational -- [Interruption] -- So the money became an internally generated fund to the Land Secretariat? -- [Laughter] -- So once the law is establishing it, we should provide for the source of their charges.
Mr Bedzrah 1:32 p.m.
Mr Speaker, taking a cue from your suggestion, I think we can insert “an approved fee by Parliament for the services that the Secretariat renders to the public”.
Mr First Deputy Speaker 1:32 p.m.
Or we can just create a new clause: “The fees for services charged shall be determined under the Fees and Charges Act”.
Yes, Chairman of the Committee, you may propose something so that we can put a vote on it.
Mr Owusu-Bio 1:32 p.m.
Mr Speaker, it would be brought here by the Administrator of Stool Lands, so, it would come under their section.
Mr First Deputy Speaker 1:32 p.m.
Very well.
Clause 18 -- Funds of customary land secretariat
Mr Manu-Adabor 1:32 p.m.
Mr Speaker, I beg to move, clause 18, paragraph (e), at beginning insert “proportion of” and on the same line delete “clans” and insert “clan”.
Mr Kyei-Mensah-Bonsu 1:32 p.m.
Mr Speaker, I think we need to do a proper reconciliation of the terminology to use, whether it is a “portion” or “proportion”. In this case, I think it should be a “portion” to be in sync with clause 18 (1) (b) which reads:
“in respect of clan or family land, a portion of the revenue paid to
Mr First Deputy Speaker 1:32 p.m.
Sorry, clause 18, what are you saying is a proportion of -- ?
Mr Kyei-Mensah-Bonsu 1:32 p.m.
Mr Speaker, we saw in clause 18 the amendment that was just moved. It says “a proportion of the moneys received from the compulsory acquisition of stool --”.
Mr First Deputy Speaker 1:32 p.m.
He made us delete “moneys”.
Mr Kyei-Mensah-Bonsu 1:32 p.m.
Mr Speaker, no, because in the Bill, it has moneys and this was to insert “proportion of moneys” that would have repeated “moneys”, that is why he deleted “moneys” in the amendment.
In my view, it should be “portion” and not “proportion” to be in sync with what we have in clause 18 (1) (b) which reads:
“in respect of a clan or family land a portion of the revenue paid to the clan or family land by the Lands Commission.”
Mr Agbodza 1:32 p.m.
Mr Speaker, but then, we must as well do that for clause 18 (2) which also talks about “proportions” -- [Interruption] -- Alright, clause 18 has got only one amendment proposed.
Mr First Deputy Speaker 1:32 p.m.
That stated “portion”, it is only clause 18 (1) (c) which said “proportion”. He is proposing it should speak to the same word, so we should use “portion” instead of “proportion”.
Mr Agbodza 1:32 p.m.
Mr Speaker, yes, so if we could do same for clause 18 (2) as well. It also uses “proportion”.
Mr First Deputy Speaker 1:32 p.m.
Alright, clause 18 (2), we change “proportion” to “portion”.
Mr Owusu-Bio 1:32 p.m.
Mr Speaker, on that same line, I feel we should delete “clan” and have “stool, skin or family land” because we have agreed that the clan -- [Interruption] --
Have you deleted “clan” right now? [Interruption] No, that was in clause 13 but in clause 18 (1) (e) --
Mr First Deputy Speaker 1:32 p.m.
Hon Deputy Minister, I directed that all references to “clan” and “groups” should be deleted. In the appropriate circumstances wherever “clans” and “groups” appear it would be deleted.
Mr Owusu-Bio 1:32 p.m.
I thank you, Mr Speaker. That is accepted but then we should add “skin”.
Mr First Deputy Speaker 1:32 p.m.
Yes, it should read “stool or skin” but then “clans” and “group” are deleted.
Question put and amendment agreed to.
Clause 18 as amended shall stand part of the Bill.
Clause 19 -- Areas reserved for common use
Mr Manu-Adabor 1:32 p.m.
Mr Speaker, I beg to move, clause 19, subclause (1), line 2, delete “or water resources or both land and water resources”.
Mr Speaker, the new rendition would be 1:32 p.m.
“A community may set aside or recognise one or more areas of land within the community for common use by the members of the community.”
Question put and amendment agreed to.
Mr Manu-Adabor 1:42 p.m.
Mr Speaker, I beg to move, clause 19, subclause (7), opening phrase, line 2, delete “under a management plan” and insert “in respect of a common land”.
Mr Speaker, the new rendition would read 1:42 p.m.
“The basic rights and duties of the members of a community in respect of a common land include;”
Question put and amendment agreed to.
Item (xxvi)?
Mr Manu-Adabor 1:42 p.m.
Mr Speaker, I beg to move, subclause (7), paragraph (f), lines 3 and 4, delete “except in accordance with customary law and usage and the terms of the management plan”.
So the new rendition will be;
“the duty not to transfer any rights of occupation or use of the resources of the common land to any person whether for a fee or otherwise”.
Mr Kyei-Mensah-Bonsu 1:42 p.m.
Mr Speaker, I was getting a bit confused about the use of the word “common land” and I was drawing from clause 19 (1) and (2) which uses the terminology, “land for common use”. Again, subparagraph (3) uses the same thing and so I was looking at how to reconcile that with a new terminology where they make use of “common land”.
Mr Speaker, however, I see that in subparagraph (4), for the first time we are using that phrase; “common land”. So I do not know whether for consistency, we should not be using one terminology; either “land for common use” or “common land”.
In fact, subparagraph (6) also uses “common land” and so, it appears we are using the two phrases interchangeably.
Mr First Deputy Speaker 1:42 p.m.
Yes, Hon Chairman, which is your preference; “land for common use” or “common land”? The definition here for common land is; “land set aside by a community for common use”.
So we should go for “common land” which will then cover that. I direct the draftspersons to change the phrase “land for community use” in clause 19 to “common land”.
Mr Bedzrah 1:42 p.m.
Mr Speaker, I have noticed that even though you have put the Question, the opening phrase he deleted “management plan” and inserted “in respect of a common land”.
Mr Speaker, now, if you go back to clause 19 (4), it reads 1:42 p.m.
“The community shall prepare a management plan which may extend to cover the use and management of more than one area of the common land”.
When we get to the opening phrase of subparagraph (7), it says: “The basic rights and duties of the members of a community under a management plan --” which was referred to in subparagraph (4). However, we are deleting “management plan” and so what is the basic right and duties of this group?
Mr First Deputy Speaker 1:42 p.m.
Hon Member, “duties” is in respect of the land and not the plan. One's responsibility is in respect of the use of the land and not the plan. So the amendment is appropriate.
Question put and amendment agreed to.
Mr Manu-Adabor 1:42 p.m.
Mr Speaker, I beg to move, subclause (7), paragraph (f), delete the expression “whether for a fee or otherwise” and insert “a fee”.
Mr First Deputy Speaker 1:42 p.m.
I am reading paragraph (f) and I do not see where the “fee” is. It reads: “the duty not to transfer any rights or occupation or use of the resources of the common land to any person --
Hon Chairman, have we already deleted the other one? Then it should end at “any person”. Is that right? So why did you put the two? -- All right.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:42 p.m.
Item numbered (xxviii)?
Mr Manu-Adabor 1:42 p.m.
Mr Speaker, I beg to move, add the following new
subclause:
“(8) For purposes of this Section, land includes water resources”.
Mr First Deputy Speaker 1:42 p.m.
Do we have to put it here? Can we not put it at the end as part of the definition?
Mr Kyei-Mensah-Bonsu 1:42 p.m.
Mr Speaker, it is because here in clause 19, we deleted, “or water resources or both land and water resources”.
So for purposes of clause 19, land includes water resources so that we are clear in our minds what we have done in clause 19.
Mr First Deputy Speaker 1:42 p.m.
Very well.
However, the numbering arrangement may cause trouble so we should just admit it as a new clause.
Question put and amendment agreed to.
Mr Owusu-Bio 1:42 p.m.
Mr Speaker, I think that we still have to look at paragraph (f) in respect of “for a fee”. We need to add “or otherwise” because in respect of “occupation”-- It is there and it says; “the duty not to transfer any rights of occupation …”
Mr Speaker, one can be smart and say that he or she has asked someone to be there but then he is not to pay any fee.
Mr First Deputy Speaker 1:42 p.m.
Hon Member, that is not a right of occupation. You have been granted licence to stay at a place and that does not give you a right of occupation.
Mr Owusu-Bio 1:52 p.m.
Mr Speaker, yes, it is meant for communal use but then someone can give it to somebody else for the person's sole use.
Currently, we have several cases like this in our communities where common use areas are being used by individuals for their sole use.
Mr First Deputy Speaker 1:52 p.m.
But that is what you are saying, that the duty not to transfer the rights of occupation or use to anybody -- so it should be kept as a land for common use. That is what the law is saying, but if you change that it means it can be given to somebody else for private use.
Hon Member for Adaklu?
Mr Agbodza 1:52 p.m.
Mr Speaker, we just did a definition where we said that land includes water resources. However, in the Interpretation part,
land has already been defined as “land includes a part of earth surface covered by water …”.
So do we have to do that again?
Mr First Deputy Speaker 1:52 p.m.
It reads “For the purposes of this section, land includes water resources”.
So there may be a pond or lake which is for communal use and land actually includes a water body.
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, regardless of that I still think that for purposes of that section we could limit it to land and water resources because land as defined includes:
“a part of the earth surface covered by water, any house, building or structure whatsoever, and any interest or right in, to or over movable property”.
Mr Speaker, for that section, we are really not incorporating all of these but we are talking about water for community use or land for community use. So I think if we limited it to this it does not offend anything. It is specific to the section.
Mr First Deputy Speaker 1:52 p.m.
Very well.
In my view, it does not change much.
Clause 19 as amended ordered to stand part of the Bill.
Clause 20 -- Disposal of land governed by customary law
Mr First Deputy Speaker 1:52 p.m.
Item (xxix).
Mr Manu-Adabor 1:52 p.m.
Mr Speaker, I beg to move, clause 20, headnote delete and insert “ Disposal of Stool or Skin Land”.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:52 p.m.
Item numbered (xxx).
Mr Manu-Adabor 1:52 p.m.
Mr Speaker, I beg to move, clause 20 paragraph (a), after “stool” insert “or skin”.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:52 p.m.
Item numbered (xxxi).
Mr Manu-Adabor 1:52 p.m.
Mr Speaker, I beg to move clause 20 paragraph (b), line 1, before “land” insert “stool or skin”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, I beg to propose a further amendment because the Hon Chairman moved an amendment for subclause (2) (b) line 1 and so same should be repeated for (2)(b) line 2.
Mr First Deputy Speaker 1:52 p.m.
Hon Majority Leader, clause 20 does not have subclauses (1) and (2). It has just paragraphs (a) and (b).
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, sorry. I meant clause 20, paragraph b, line 2. It would now read:
“disposal of land for valuable consideration by a stool or skin land by a person who is in possession of stool or skin lands by reason of being entitled to the free use of the stool or skin land under customary law”.
Mr First Deputy Speaker 1:52 p.m.
Very well.
Question put and amendment agreed to.
Clause 20 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 1:52 p.m.
Hon Members, I intend to end the Consideration Stage here and move to the Order Paper Addendum.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, I am not too sure what we did but I think that in the last Bill that we did, we re-engineered the phrase “for valuable consideration”. I think attention was drawn to how it should be properly expressed and we had that in the last Bill.
I am just drawing attention so that the draftspersons would have a look at that. Mr First Deputy Speaker: Which particular clause are you referring to?
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, I am referring to the phrase “valuable consideration” and I am saying that in the Bill that we considered not too long ago, we expressed it properly because it was not really in conformity with the language used.
So I am just reminding us to relook at it so that we do not repeat a mistake if it was indeed a mistake.
Mr First Deputy Speaker 1:52 p.m.
Very well.
You can discuss with the draftspersons and make appropriate suggestions for us.
Hon Members, this brings us to the end of the Consideration Stage for the Land Bill, 2019, for today.
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, we can take the Order Paper Addendum and lay the advertised Papers.
Mr First Deputy Speaker 1:52 p.m.
Hon Member, Order Paper Addendum -- Presentation of Papers. Hon Minister for Local Government and Rural Development?
Mr Kyei-Mensah-Bonsu 1:52 p.m.
Mr Speaker, the Hon Deputy Minister for Local Government and Rural Development is here so if we could afford him the opportunity to present the Paper on behalf of the substantive Hon Minister?
Mr First Deputy Speaker 1:52 p.m.
Available Hon Leader, there is a request for the Hon Deputy Minister to lay the Paper on behalf of the Hon Minister.
Mr Agbodza 1:52 p.m.
Mr Speaker, we do not have any objection to that.
PAPERS 1:52 p.m.
-- 1:52 p.m.
Mr First Deputy Speaker 1:52 p.m.
Hon Member for Okaikoi Central, I was going to refer the Paper but you are on your feet?
Mr Boamah 2:02 p.m.
Mr Speaker, rightly so.
Mr Speaker, may I refer you to Standing Order 75 (1), (2) and (3)?
The Hon Deputy Minister just rose and bowed in accordance with the procedure, but this is a Regulation that most of us have not heard of; the African Charter on the Values and Principles of Decentralisation, Local Governance and Development.
Mr Speaker, I would want you to invoke the powers under Standing Order 75(2) and ask the Hon Deputy Minister to present a short Statement on this Paper he is seeking to lay.
rose
Mr Boamah 2:02 p.m.
I have seen the Hon Majority Leader on his feet. I do not know what he wants to do.
Mr Kyei-Mensah-Bonsu 2:02 p.m.
Mr Speaker, unfortunately, the Hon Member has no right under Standing Order 75(2) which he cited. He has no right.
The Standing Orders grant him no rights, and so he is in abuse of the process. Mr Speaker, the Standing Order provides that in laying the Paper, if so desire by the person presenting the Paper, in this case the Hon Deputy Minister, a short explanatory statement may be made by him upon its presentation. Mr Speaker, the Hon Deputy Minister has not expressed any such desire. And so the Hon Member is completely wrong in his application to you.
Mr Boamah 2:02 p.m.
Mr Speaker, the Hon Majority Leader is ruling on your behalf by saying that I am wrong. He has no such powers under the Rules.

You are seized with the powers to rule whether I am right or wrong.
Mr Kyei-Mensah-Bonsu 2:02 p.m.
Mr Speaker, I assist you in the running of the House. By so doing, like a very competent lawyer in a court would draw the attention of the presiding judge to the breaches of the law, exactly that is what I am doing.
Mr First Deputy Speaker 2:02 p.m.
Hon Deputy Minister, do you desire to make any Statement?
Mr O. B. Amoah 2:02 p.m.
Mr Speaker, under these circumstances, I have no such desire. [Laughter.]
Mr First Deputy Speaker 2:02 p.m.
I hope the circumstances are not seen as oppressive?
Referred to the Committee on Local Government and Rural Development.
Mr First Deputy Speaker 2:02 p.m.
Item numbered (a) (ii)?
Mr First Deputy Speaker 2:02 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 2:02 p.m.
Mr Speaker, I noticed that the Chairman of the Committee has abandoned me, and indeed, I am not properly constituted. I myself need to seek some advice. So if we may take an adjournment until tomorrow at 10 o'clock in the forenoon?
Mr First Deputy Speaker 2:02 p.m.
Very well. It is past 2.00 p.m, and so I would bring proceedings to a close for today.
ADJOURNMENT 2:02 p.m.