Public anger, has forced the government through the Minister for Local Government and Rural Development, Martin Adjei Mensah Korsah, to officially withdraw the controversial Legislative Instrument (L.I.) on behalf of the Minister for Transport.
This L.I. sought to grant Members of Parliament (MPs), Judges, and Ministers, the special privileges to use sirens and exempt them from speed limits, while performing their official duties. They claim the amendment was going to have them perform their duties efficiently.
The proposed amendment to the Road Traffic Regulations, 2012 (LI 2180) sparked significant public backlash and opposition from various quarters, including the Minority Caucus in Parliament.
Critics, argued that the amendment was unnecessary and inappropriate, given the pressing issues facing the nation.
In a formal statement on the floor of Parliament, Mr Mensah Korsah, announced the withdrawal, acknowledging the concerns raised by the public and stakeholders.
“Mr Speaker, I rise to move that the Road Traffic Regulation Amendment 2024, which was laid on Friday, June 14, 2024, be withdrawn. Mr Speaker, this has become necessary based on extensive engagement with leadership. Therefore, it is so withdrawn,” he stated.
The Minority Caucus, led by Dr Cassiel Ato Forson, had been vocal in their opposition to the L.I., directing their members to vote against it and calling for its immediate withdrawal.
They emphasised the need for the government to focus on more pressing national issues, such as the high cost of living, food inflation, unemployment, high fuel costs, and the depreciation of the cedi.
The Speaker of Parliament, Alban Bagbin, had also waded into the matter, denying any knowledge of such a Legislative Instrument before the House. He clarified that Parliament does not have the constitutional power to amend regulations, further complicating the already contentious proposal.
“There is nothing like that before Parliament,” Bagbin asserted during a public lecture on private member bills at the University of Ghana.
“I thought something was being done behind my back, but all my directors confirmed they had not seen any such L.I.”
Mr Bagbin, denied knowledge of the LI which was earlier reported as parliament’s intention to amend portions of the Road Traffic Regulations 2012.
The new changes, the reports said, if passed, will grant MPs and Ministers of State, privileges previously reserved for specialized and emergency vehicles.
Furthermore, the amendment of Regulation 74 of L. I 2180, was to allow for the fitting of sirens or bells as warning appliances on specific classes of vehicles, including those owned by justices of the Supreme Court, MPs and Ministers of State.
However, clarifying the reports that have since gone viral, Speaker Bagbin, said there is no such LI that has been brought before parliament, thus reports circulating must be ignored.
“… There’s nothing like that before parliament. And so, I thought maybe something was being done behind my back so I started calling all over and all my directors said no, they have not seen anything like that. I have a responsibility of admitting many of these things, sometimes they may elude me but I haven’t seen any such thing and later on I was told it was a regulation, that one too was amended,” he said while addressing students at the University of Ghana.
Explaining further, Speaker Alban Bagbin said the supposed LI was rather a regulation that was amended, however, parliament does not have the authority to amend regulations or instruments.
“We don’t amend regulations. We don’t have the power by the Constitution to amend regulations or instruments, we don’t have. So, I just told the people that,, one it can’t be true. Your parliament cannot amend… the constitution in fact has delegated that power to other bodies, not to parliament, and so when they bring an instrument either in the nature of an LI, that’s legislative or CI, constitutional, if out of 100 provisions we disagree with 1, we are not even allowed to amend that 1. We either have to throw out all the 100 or we allow it to pass.
“And they make sure that it is impossible for us to throw it out by insisting that we must have two-thirds majority votes to throw it out, and in a bipartisan parliament like this, its almost impossible to get two-thirds majority to vote against an instrument particularly because of the fundamentalist nature of politicians, not only in Ghana but many countries. I only succeeded in getting parliament to throw out an instrument when I was chairman of the subsidiary legislation committee in 1994…
“Since then, nothing of this sort has happened, so you see there definitely must be lessons for us to learn,” he stressed.
The minority in a statement signed by the leader of the caucus, Dr Cassiel Ato Forson, made it clear that they stand with the Ghanaian public in opposing the amendment, thus directing the Minister for Transport to withdraw the LI before it matures into law.
According to the minority, the government should rather focus on pressing issues such as the high cost of living, food inflation, unemployment, high fuel costs, the depreciation of the cedi, and the high tax regime, which is driving businesses to relocate to neighbouring West African countries.
“We have instructed all our Members on the Committee to strongly oppose it at the committee level. We have also directed all 137 NDC Members of Parliament to vote en bloc against the Legislative Instrument when it is brought to the floor.
“The government must redirect its attention to addressing the germane issues facing the people of Ghana at the moment such as the high cost of living, food inflation, unemployment, high cost of fuel, the depreciation of the Cedi and the high tax regime which is forcing businesses to relocate to neighbouring countries in West Africa.
“Finally, we call on the Minister of Transport to immediately withdraw the said Legislative Instrument before it matures into law after 21 sitting days.
But the MP for Asante Akim North, Andy Appiah-Kubi, has defended the proposed amendment, stating that the L.I is aimed at enhancing productivity and ensuring timely arrival at Parliament, given the heavy traffic conditions in Accra.
Mr Appiah-Kubi, defended a proposed amendment to the Road Traffic Regulations that would allow MPs to use sirens and exempt them from speed limits while carrying out official duties.
Appiah-Kubi, described the public backlash against the move as unfair and explained the rationale behind the amendment in an interview with journalists.
He argued that the amendment aims to enhance productivity and ensure timely arrival at Parliament, considering the heavy traffic conditions in Accra.
He cited examples of MPs, state ministers, and judges being arrested for trying to meet their schedules, emphasising the need for a legal solution.
The MP, stressed that the exemption would only be necessary during congested periods and clarified that it is not about privilege, but about efficiently executing their constitutional duties.
Appiah-Kubi expressed disappointment at the public backlash, calling it unfair and motivated by hatred, jealousy, and mistrust.
“We have witnessed situations where some members of parliament and even state ministers and even some judges have been arrested on the road because they are trying to meet their work schedule. And you go to the police, you go to the Attorney General, you go to the IGP, he says, I implement the law as given and that I cannot help the situation because the law says that.
“So the remedy is to amend the law to make it lawful for people like that, to be able to have special access where necessary.”
“And indeed, when you are driving on the road in the early hours of the day or late hours of the day, you don’t need any siren or you don’t need any special access. It is when there is congestion on the road and there is also the need for you to meet deadlines by way of time, that need will arise.
“And when it does arise, it is to do your assigned duty for Mother Ghana. So I don’t see why we have to impugn hatred, impugn jealousy, impugn mistrust into the provision. It is omnibus and it covers a lot of institutions, so attempts to single out one particular institution for rebuke is not fair.”
