Exit, Enter, Repeat: Navigating Presidential Transitions.

20 Dec Exit, Enter, Repeat: Navigating Presidential Transitions.

With the recent presidential election in Ghana concluded and results officially declared by the Electoral Commission, the country is now entering a critical phase: the transition of political power. This process, as outlined in the Presidential (Transition) Act 2012 (Act 845), is crucial in ensuring a smooth, peaceful and orderly transfer of political power. As Ghana is known for its stable democratic practices in a region where political transitions are often tense, this legislation helps solidify its commitment to peaceful democratic processes.

Here is an overview of some of the key provisions of the Presidential (Transition) Act, 2012 (Act 845):

Object of the Act

The object of the Presidential (Transition) Act, 2012 (Act 845), as outlined in its long title, is to establish arrangements for the political transfer of administration from one democratically elected President to another. The Act aims to regulate the transfer of power following a presidential election, ensuring the continuity of government functions, the provision of necessary resources, and the smooth handover of official assets and responsibilities between outgoing and incoming administrations. Regulating such transfers under the law ensures unity and most importantly continuity in the administration of the state and public sector offices.

The Transition Team.

Within twenty-four hours after the declaration of the results of the presidential election, the

incumbent President and the elected President shall each appoint an equal number of members to form the Transition Team.[1]

The members of the transition team appointed by the incumbent President provided in Section 1(1) (a) (i)-(iii) are;

1. the head of the presidential staff
2. the Attorney-General

• the Minister responsible for Presidential Affairs

1. the Minister responsible for Finance
2. the Minister responsible for Interior
3. the Minister responsible for Defence

• the Minister responsible for Foreign Affairs
• the Minister responsible for Local Government

1. the Minister responsible for National Security

The President-elect shall also appoint an equal number of persons as appointed by the incumbent President. Additionally, the following individuals are members of the Transition Team by virtue of their positions;[2]

1. the Head of the Civil Service
2. the Head of the Local Government Service

• the Secretary to the Cabinet

1. the National Security Coordinator.

These members, together with the incumbent President’s and the President-elect’s appointees, shall constitute the Transition Team. The Team shall be co-chaired by the incumbent and the elected Presidents, with each having the power to delegate functions to appointed members.[3]

Functions of the Team

The Team’s functions include making arrangements to regulate the transfer of political power after

briefings,[4] ensuring the prompt payment of salaries, allowances, facilities, privileges and the retiring benefits or awards which are due to the holders of the offices as specified under Article 71 of the 1992 Constitution,[5] and any other function which will enable the Team to achieve the object of the Act.[6]

Meetings of the Team

The first meeting of the transition team is to be held within forty-eight hours of the declaration of the results of the presidential election.[7] The quorum required to transact business at the meeting of the Team shall be nine (9) members of the Team present.[8]

 

Advisory Council

The Act establishes the Advisory Council which consists of the Speaker of Parliament being the Chairperson, one eminent citizen appointed by the incumbent President and another by the President-elect.[9] The primary function of the Council is to expeditiously resolve issues referred to it by the Transition Team and provide binding decisions on the team.[10]

 

Handing-over Notes

The Office of the President is required to prepare detailed handing-over notes covering the term of the President.[11] The notes must accurately reflect the developments which have taken place during the tenure of office and projections of development to take place before the end of the full tenure.[12]

The handing-over notes shall comprise[13];

1. the handing-over notes received by the President and the Ministers on assuming office
2. the handing-over notes on the activities of;
3. the Office of the President
4. the Office of the Vice-President and

• the agencies under the portfolios of the President and of the Vice-President

1. the Ministries, departments and the agencies
2. the Regional Ministers and the District Chief Executives.

These notes are provided to the incoming President, as well as key institutions such as Parliament, the Chief Justice, the Council of State, and the Public Records and Archives Administration Department, ensuring that the incoming administration has comprehensive knowledge of the country’s governance and development progress.[14]

Presidential Estates Unit

The Act also establishes the Presidential Estates Unit to take and keep an inventory of the assets and properties of the Government not vested in the Lands Commission.[15] The President, in consultation with the Council of State, shall appoint the Administrator-General as the head of the Presidential Estate Unit.[16]

Section 8(4) also allows the Administrator-General to make recommendations for budgetary allocations for the transfer from one administration to the next. It is the responsibility of the unit to ensure that assets and properties of the Government are maintained and transferred in good condition.

Inventory of Assets

The Administrator-General is mandated to prepare a national register covering all public lands, lands vested in the President and other official assets. The Administrator-General is also required to take stock of official assets at the official and private residences of the President, Vice-President, and each Minister, in the presence of the head of the household.[17]

This exercise is to be carried out thirty (30) days before the President-elect assumes office and before the incumbent President leaves office. This stock-taking exercise also applies to persons who by virtue of public office are supplied with official assets.[18]

Vacation of Official Residence

The Act specifies clear procedures for vacating official residences by outgoing officials. The incumbent President and the incumbent Vice-President shall vacate the official residences before the day of the swearing-in of the President-elect.[19] Persons who cease to hold office upon the assumption of office by the President-elect and who are occupying official residences, must vacate these residences within three months of  the President-elect’s assumption of office.[20]

Election of Speaker of Parliament and swearing in

The Clerk to Parliament shall call a meeting of the elected members of Parliament to elect the Speaker, the Deputy Speakers, and take the oaths of office as members of Parliament two days before the dissolution of Parliament.[21] The Speaker shall, before swearing in the members of Parliament, take and subscribe the oaths pertaining to the office of the Speaker.[22]

The Speaker and the members of Parliament who take their oath assume office subject to the operation of Article 113 of the 1992 Constitution, which covers the dissolution of parliament and take office on the 7th January following the general election.[23]

Swearing-in of the President

The President-elect is sworn in by the Chief Justice on the 7th of January following the presidential election, in accordance with Article 57(3) of the 1992 Constitution.[24]

Conclusion

Presidential transitions represent a pivotal moment in any nation’s democratic process. This period marks a change in leadership and a reaffirmation of the values of accountability, transparency and unity. Ultimately the transition also strengthens Ghana’s democracy and inspires confidence in systems in place for the governance of the nation.

[1] Presidential (Transition) Act 2012, (Act 845), Section 1

[2] Ibid, Section 1(1)(b)

[3] Ibid, Section 1(2)

[4] Ibid Section 2(b)

[5] Ibid, Section 2(c)

[6] Ibid, Section 2(d)

[7] Ibid, Section 3

[8] Ibid, Section 3(6)

[9] Ibid, Section 5(1)

[10] Ibid, Section 5(3)

[11] Ibid, Section 6(1)

[12] Ibid, Section 6(3)

[13] Ibid, Section 6(2)

[14] Ibid, Section 7(2)

[15] Ibid, Section8(1)(a)

[16] Ibid, Section8(2)

[17] Ibid, Section 9(1)

[18] Ibid, Section 9(2)

[19] Ibid, Section 10(1)

[20] Ibid, Section 10(2)

[21] Ibid, Section 11(1)

[22] Ibid, Section 11(2)

[23] Ibid, Section 11(3)

[24] Ibid, Section 12