FEATURES OF THE AFRICAN NEO DEMOCRACY
· Participation from all African countries
Unlike the current democratic system in Africa, the African Neo Democracy encourages and promotes inter dependence among African countries with particular reference to governance. All Africans are encourage and given a fair chance to participate in the governance of any African country.
· Makes Use of the let the ark decide principle
The African Neo Democracy makes use of the let the ark decide procedure to reduces to the barest humanly means possible, incidence of appointments based on tribalism and nepotism.
· It lessens the Work of Representatives (Parliamentarians)
The Existence of the House of Legislature and the Representative’s Office for Consideration and Education, Creates an Avenue for members of Parliament (House of Representatives) to participate predominantly in the affairs of their constituencies.
· Reduces the sphere of influence of political parties
The presence of the State Comrades Association reduces the high level of influence that a political party in power has over the appointments of its affiliates into government and state owned enterprises.
· Creates a House of legislature to take up the role of the council of state
The African Neo Democracy creates the House of Legislature to replace the role of the council of State. With roles among which are legislative, the House of Legislature is more recognised and efficient.
· Enhances the work of the executive
Policies are formulated by the legislature, deliberated by parliament for consideration and promulgated by the House of checks and Balance. The president has two vice presidents there by lessening the burden on the president.
· Ensures an effective Separation of Powers System of Government
The members of the House of Legislature, House of Judicature, and House of Representatives are not appointment by the President and thus are able to perform their duties sincerely and efficiently without fear or favour. Furthermore all three houses communicate via their representatives in the House of Checks and Balance.
· Ensures an effective Checks and Balance System of Government
Including the legislature and Judiciary as part of the executive prevents the passage of unlawful bills into law as the Chief Justice, Attorney General and President must accent to a bill for it to become law. Information is adequately shared among the three houses via their representatives in the House of Checks and Balance.
· Decrease the level of electoral malpractices and Electoral cost.
The President and Vice Presidents are chosen from among the members of Parliament (House of Representatives). This reduces the cost of carrying out general elections, prevents the incidence of Electoral Malpractices and the ability of a president to entrench himself or herself in Power.
· Progressive National Policy Formulation and Developmental agenda
The Council of State and the cabinet are replaced by the House of Legislature. The head of state does not come into office with a written manifesto as national policies are made by the House of Legislature, taking into consideration the nations available resource, man power and needs at the time.
STRUCTURE OF THE SYSTEM
AU----------------------External Organization
SCA-----------------------------------The Mesh
(PCS IC EC)
( HL HJ HR ) Separation of Powers
HCB------------Checks and Balances
PART ONE:
Establishment of the State Comrades Association
This new system of government begins with the creation of the State Comrades Association. This Association would comprise of three commissions; The Public Service Commission, the Investigative Commission and the Electoral Commission. All members of the Association shall be appointed by the African Union unless stated otherwise in this document. The Association would be headed by a Director General who would be assisted by two deputies the African Union shall invite qualified persons form among the citizens of its member states to apply for the various positions available in the Association. There shall be three positions for Ghanaian citizens and three thousand positions for non Ghanaian citizens in each commission. All appointed persons shall proceed to take up residence in Ghana within a transitional period after their appointment.
The Head of State shall determine the date, time and venue within the transitional period when the Director General and the executive of each commission shall take an oath of office and sign a contract before Parliament. The Director General shall then be required to determine the date, time and venue for a gathering of all members of the association in their respective commissions,within the transitional period. There shall be five persons representing the African union who together with the commission’s executive shall supervise the proceeding of the gathering and perform certain duties started herein. Each commission shall apply the same procedure.
Additions, Complication and resolutions
THE EXECUTIVE STRUCTURE OF THE STATE COMRADES ASSOCIATION
The State comrades association shall be comprised of four executive bodies, namely; the executive of the entire association consisting of the Director General and two deputies and then, the executive of each of the three commissions consisting of the commissioner and two deputies.
Unless stated otherwise in this document, the Director General shall take priority over administrative matters of the Association whereas the commissioner, subject to the Director General shall take precedence over administrative matters with respect to the commission he/she oversees. All deputies in the association shall assume the title of either first or second deputy in order of their appointment and are to assist the Director General or commissioner as the case may be in the performance of his/her official duties.
The Director General or Commissioner may at one point in time or the other delegated whole or part of their authority to a deputy within their executive. The first deputy shall take preference over the second deputy and act on behalf of the Director General or commissioner as the case may be, if the Director General or commissioner is debilitated or absent, while the second deputy shall perform a similar role if the Director General or commissioner and their first deputy are both debilitated or absent.
CONDITIONS FOR THE SELECTION OF STATE COMRADES
The African Union may adopt procedures to appoint the required number of people using other standards that are not in contravention to those listed in this document. Citizens from a member state of the African union that is at war with Ghana or has very serious disputes with Ghana would not be eligible to apply for membership of the State comrades Association.
The selections of all members in the State Comrades Association shall be by appointment and all such members would have to meet the requirements stated herein before they are eligible to apply for work in the association.
Not more than fifty-seven persons can be appointment from one country in each commission; The Selection must be done so as to provide an avenue for each of the fifty-three member states of the African union to be fairly represented in each of the three commissions of the Association. Appointment would be very competitive and thus the best of the best would be appointed. Furthermore, the government of each member state or any organization or body other than the African Union shall not by any means regulate, restrict or set special standards for its citizens or members with regards to applying for working the association or otherwise put forwards any of its own personnel or citizens as the case may be, for appointments in the association. All applications must be made by individuals and judge on individual merit.
In the event that Ghana is at war or has very serious disputes with some member states of the African union which would results in the Africans union's inability to appoint the quota for a commission, then the African union shall be permitted to select from between 57-80 qualified persons from among the citizens of the eligible member states. No more than eighty people may be chosen from one member state regardless of whether or not the quota for a commission has been reached.
APPLYING FOR MEMBERSHIP FOR THE STATE COMRADES ASSOCIATION
There would be two levels in applying for membership of the state comrades association.In the first level any individual who wants to be appointed in the association would have to purchase an application form and apply for a position in the association. The higher the position being applied to, the higher the price of the application form and vice versa. In the second level any individual wishing to apply for a position in the association may download from the association’s website or acquire an application form free of charge from any of the association’s offices and then apply. Both Applicants in level one and two may apply for any position in the association; however applicant in level two would make up two tenths of all appointments while applicant in level one make up the rest of appointment.
THE TRANSITION PERIOD
The transition period, refers to a period of thirty-one days when a change is made from democracy to neo democracy. The transitional period shall occur once and commence a week after the last state comrade has been appointed and last for thirty days during which the State comrades association shall come into operation with the purpose to usher in a new government.
The Head of State shall announce a date when the executives of the State comrades Association shall sign and swear an oath of office before parliament.
The first and subsequent meetings of each commission to appoint state comrades to regional offices shall be referred to herein as the Genesis meeting. The Genesis meeting would be held in any of the commissions’ buildings within the association that the Director General would decide upon. All Genesis meetings shall be conducted simultaneously and held in camera and conducted with the sole purpose of appointing State Comrades to regional offices. The proceedings of each Genesis Meeting shall be broadcast live on national television and radio.
Each Commission’s executive is to submit an official copy of the video recording of its Genesis meeting to the Director General within a period of one week after such a meeting has been held. The Director General shall in turn submit an official copy of the video recordings to the House of checks and Balance within ten days after it has come into existence.
THE FIVE AFRICAN UNION REPRESENTATIVE SUPERVISORS
The African Union shall put forward five persons to supervise proceedings during the Genesis meeting of a commission. It shall do so autonomously however such persons must be chosen from among the citizens of its member’s states that is not at war with Ghana or has serious disputes with Ghana; further more two or more supervisors may not be chosen from one eligible member state while all supervisors must have considerable knowledge and experience in electoral supervision. The said five would in order of precedence consist of the chief Supervisor, the ark supervisor, the card of the ark supervisor, the time supervisor and the record supervisor.
THE STATE COMRADES MEMBERSHIP LIST
The African Union shall make available to the chief supervisors and each Commissioner a document that lists the order of appointments of all members of a commission within the State Comrades Association. The African Union shall also make available to the Director General and Head of State a document that lists the entire membership of the State comrades Association referred to herein as the State comrade’s membership list. The Director General shall send an updated version of this list to the sitting Head of a week after regional appointments of State Comrades and to the next Head of State, a week after his/her coming into office.
THE ARKS AND CARDS OF THE ARK
An ark shall be a wooden structure of certain height, thickness, design and make up. The ark shall serve as a place where cards of the ark are place and mixed up for the purpose of making an appointment or selecting from among candidates/contestants referred to herein as the let the ark decide procedure.
A card of the ark refers to a card that is used in the “let the ark decide” procedure. The card of the ark shall be a card of specific length, breath, thickness, design and make up. It shall be white in colour and the writing on one part of the card shall be the same as that on its reverse and written in black, Depending on the purpose for the “let the ark decide” procedure, different cards would be used, as such cards would vary from what has been written or printed on them which might range from names of persons, names of regions, state offices and so on.The number of Cards used for each exercise would depend on the number of contestants available.
The Electoral Commission of Ghana shall provide an ark and cards of the ark for all “let the ark decide” procedures. The first “let the ark decide” procedures shall be employed during the Genesis meeting and afterwards each ark is to be kept at a different location. One ark shall be kept at the head quarters of the State Comrades Association, the second at the head quarters of the electoral commission and the third in the House of Representatives.
The number of cards to be used for each procedure shall depend on the nature of the procedure however a number of cards equal to the exact number of cards needed for each contest would be made available to serve as replacements in case of mishaps.
BEFORE USING THE “LET THE ARK DECIDE PROCEDURE”
Unless started otherwise in this document a week before using this procedure, supervisors shall examine all materials for the exercise including the ark and cards of the ark and determine whether or not they are fit to be used; supervisors shall repeat this inspection a day before the scheduled exercise. Supervisors shall after the examinations on each day report to the Director General of the state comrades association or the Electoral Commissioner as the case may be on the state of materials needed for the procedure. The Director General or Electoral commissioner as the case may determine, shall take appropriate measures to address and correct whatever problems might be reported such as seeing to repairs or replacements of materials which should meet the approval of the African union representative supervisors or personnel of the electoral commission as the case may require.
MIXING THE CARDS IN THE ARK
The ark supervisor shall have the duty of mixing up the Cards in the ark and this shall be done by turning round a handle that would rotate the ark. Mixing the cards shall be done for a period of between one minute and four minutes.
The time supervisor shall have the responsibility to alert the ark supervisor if the mixing period was too short or has exceeded the stipulated time to which the ark supervisor shall adhere to.
PICKING FROM THE ARK
Apart from the ark supervisor, no person picking a card from the ark is to look into the ark while picking a card. As such anyone who does so would be treated as though absent. It shall be the sole duty of the Chief supervisor to determine whether or not someone looked into the ark while picking a card.
It shall not be appropriate for a State Comrade to pick more than one card at a time while picking a card from the ark and as such if this should occur the Chief supervisor shall ask the State Comrade in question to hand over the card/s to of the card of the ark supervisor who shall place them back into the ark and the State Comrade in question shall be treated as though absent. On the other hand if a member of the commission’s executive picks out more than one card he/she shall be required to pick a single card from among the cards taken out and this act shall be considered valid. He/she is to then hand the rest of the cards to the card of the ark supervisor who would put it/them back into the ark.
THE “LET THE ARK DECIDE PROCEDURE”
The let the ark decide procedure shall be supervised by Personnel of the African Union during the Genesis meeting and afterward consistently by personnel of the Electoral Commission. This procedure shall serve to an extent as a mechanism for determining appointments to certain high public offices in the country.
During the selection of regional state comrades,the procedure shall serve this purpose. The five representative supervisors of the African Union shall introduce themselves to the gathering and then the executive of the commission shall do the same. The ark supervisor shall open all sides of the ark to the gathering to enable all persons present observe and believe that the ark is empty. Then in the view of the gathering, the card of the ark supervisor shall place one hundred and forty-four cards into the ark, each bearing the name of one particular region in Ghana which he/she shall then mix up together. After this has been accomplished by virtue of the order in which the State Comrades where appointed, each State Comrade shall one after the other proceed to pick one card out of the ark.
After picking out a card, the state comrade is to first of all pronounce the name of the region that has been written/printed on the card to the gathering and then shortly afterwards show the card to the gathering, after this he/she is to hand it over to the commissioner who would follow in a similar manner and then hand over the card to the Chief supervisor who would also follow in a similar trend and then hand over the card to the record Supervisor who would record the name of the state comrade and the region to which he/she has been appointed to. The record supervisor shall then endorse the card as valid and then hand over the card to the state comrade who picked out the card. All state comrades that are selected on each day shall be issued with a certificate signed by the commissioner and chief supervisor and issued under the seal of the commission after having signed a contract and taken an oath of office.
One hundred and forty four state comrades would be selected in this manner every day for twenty-one days during the transition period with Sunday as an exception. On the twenty-second day of the transitional period all state comrades shall converge for the appointment of regional commissioners and to determine the Head quarters of the commission. For the purpose of selecting the Head quarters of the commission, the ark supervisor shall place ten cards into the ark, each card bearing the name of only one of the ten regions in the Ghana. He/she shall mix them up and afterward the commissioner shall proceed to pick one of the cards from the ark and mention to the gathering the name of the region written/printed on the card and then shortly afterward show the card to the gathering. The Chief Supervisor shall collect the card and mention the name of the region on the card and then show the card to the gathering. He/she shall then hand it over to the record supervisor who would endorse it indicating it as the head quarters of the commission in question and take a record of it. The record supervisor shall afterward hand over the card to the commissioner. The commissioner shall then declare that region as the head quarters of the commission. After this the ark supervisor shall open all side of the ark and then the card of the ark supervisor shall pick out and show to the gathering one at a time, the remaining cards in the ark, the total number of cards that would be counted should add up to nine each bearing the name of only one of the remaining regions, after which the ark should be empty, justifying the fairness of the procedure.
After all state comrades have been issued with a certificate they shall swear an oath of office read out to them by the commissioner and afterward proceed to their designated regional group. The commissioner shall go to each of the regional groups to appoint a regional commissioner except for the region that was declared headquarters of the commission since the commissioner who is head of the commission shall supervise the activities of that regional office. All state comrades shall be given the necessary items for the commencement of their work before the end of the transitional period,
In the event that the number of state comrades available for a Genesis meeting falls short of the quota, the number of cards of the ark used shall be proportional to the number of state comrades available. The cards would be grouped into packs of fifty so as to easily determine as well as conveniently select the number of cards that would be needed for the exercise as quickly as possible for instance if all three thousand cards are grouped together in a single bundle it would be difficult to make a selection of say one hundred and forty- four cards out of three thousand cards as the card of the ark supervisor would have to count out the cards carefully in order to put the required number of cards needed for the exercise, Where as it would be easier to select one hundred and forty- four cards from bundles consisting of fifty cards a piece.
A Commissioner shall by discretion appoint all subsequently appointed state comrades to a regional branch of the commission that has a vacancy without the use of the “let the ark decide” procedure and this decision shall be binding on all such state comrades. Before this can happen,the commissioner shall issue all such state comrades with the required contract which they are to read and sign if they agree with the terms and conditions of the contract. The commissioner and first deputy commissioner shall then endorse the contract after which the state comrade shall then sign and swear an oath of office read out by the commissioner. Afterward the commissioner shall present the state comrade with a certificate and the necessary items for the commencement of his/her work.
DEALING WITH ABSENTEES
An absentee shall be one of the following persons; Any state comrade other than a commissioner who has one unsuccessful attempt at picking a single card from the ark, a state comrades other than a commissioner who arrives after the commencement of the let the ark decide procedure, a state comrade other than a commissioner who picks a card of the ark that is not valid, a state comrade who delays in picking a card from the ark or one who is having difficulty picking a card from the ark, a state comrade who looks into the ark in an attempt to pick a card, and a state comrade who is absent when he/she has to pick a card from the ark.
It shall be the sole duty of the Chief supervisor to determine an absentee based on the aforementioned regulations. Once declared an absentee a state comrade shall as the case may determine, hand over the card/cards to the card of the ark supervisor before proceeding to take his/her seat or pick a card from among a group of cards and then give the reaming cards to the card of the ark supervisor. The commissioner shall pick a card on behalf of an absentee after all state comrades have had their rightful turn.
During a Genesis meeting, In the event that state comrades to be given regional appointments are less than one hundred and forty-four, the meeting would carry on as planned and as such those present shall in order of their appointments proceed to be placed into regional groups. Any state comrade who is able to attend a Genesis meeting would be obliged to sign the contract, sign and swear an oath of office and receive a certificate within the scheduled length of time for the meeting or be disqualified. A state comrade would still be deemed disqualified even if he/she is not able to meet the deadline by virtue of ill health or incapacitation. Any state comrade who is rendered disqualified would automatically loose his/her membership to the association.The commissioner shall inform the Director General of all disqualification while the Director General for his/her part would look into the matter and take the appropriate action to inform the African Union to appoint a replacement in place of the barred persons or otherwise withdraw the disqualification by reappointing the hitherto disqualified persons.
The Director General shall by discretion appoint five acting supervisors and three acting commissioners prior to each genesis meeting. They would discharge the duties of the supervisors and commissioners respectively when such persons are incapacitated.The African Union representative supervisor and members of the commission’s executive shall have precedence over acting supervisors and commissioners respectively. An acting commissioner or supervisor shall hand over his/her duties when the commissioner or supervisor is present and capable. It shall be the duty of the commissioner to determine such matters based on the aforesaid regulations.
However if there is only one African Union representative supervisor or acting supervisor available or capable at the start of proceedings or at any point in time during the proceedings, the commissioner shall by discretion delegate persons to supervise the proceedings. After this the commissioner shall inform the Director General who in turn would report the matter to the African Union.
Furthermore If one member of the commission’s executive is present or capable at the start of proceedings or at any point in time during the meeting, proceedings shall continue as planned and the commissioner available shall perform his/her duties, however if no member of the commission’s executive or acting commissioners are present or capable at the start of proceedings or at any point in time during the meeting, then the Chief supervisor shall by discretion delegate persons to perform the duties of the commissioners after which he/she is to inform the Director General who in turn would report to the African Union on the matter.
During a genesis meeting, if at the start of proceedings or at any point in time during the meeting there is no supervisor and/or member of the commission’s executive or any of their corresponding acting supervisors and commissioners present and capable then the available state comrades shall inform the Director General. The Director General together with his/her deputies shall declare a genesis meeting of such nature dissolved and proceed by discretion to make all regional appointments for the required or remaining number of State Comrades. Where this occurs on the twenty second day, the Executive of the Association shall by discretion appoint all regional commissions as well as choose the Head Quarters for the commission. The Director General shall then report the matter to the African Union.
However in the event that the executive of the Association is incapable of performing the aforementioned function, the state comrades present are to inform the speaker of parliament who by aid of a committee chaired by him/her make all necessary appointments and decisions pertaining to the genesis meeting by discretion. All decisions taken would be binding on the state comrades that are to be appointed on that day. The Speaker of parliament shall afterward report the matter to the African Union.
RESOLVING AN ISSUE OF A SIMULTANEOUS SELECTION OF STATE COMRADES
The African Union or electoral commission as the case may be should by a large extent avoid simultaneous selection i.e. selecting two or more appointees on the same date and time. However In the event that a simultaneous selection is made and confirmed during a “Let the Ark Decide” procedure, then the most senior of the contestants by virtue of his/her age (date of birth: day, month, year), would take precedence over the other contestants. However if there is more than one person with a similar date of birth, then by virtue of the alphabetical order of their names (surname first before other names) the individual that precedes the other/others would take precedence in order of appointment. If after this there is still a tie among two or more appointees then the commissioner shall determine by discretion the order of precedence for the appointees in the tie.
DEALING WITH FALSE ANNOUNCEMENTS
In the event that the Chief supervisor does not confirm what has been announced by a state comrade, the commissioner shall collect the card of the ark and announce what has been written on it and then show it to the gathering and then the camera. Afterward what the commissioner says shall have superiority over what the appointee and Chief supervisor have mentioned regardless of whether the commissioner’s announcement was similar to either one of them or different from both of them.
DEALING WITH VALID AND INVALID CARDS OF THE ARK
In the event that the writing on one side of a card of the ark cannot be read or determined whereas the writing on its reverse can be read or determined, the card shall be deemed to be valid and the side that can be read or determine shall be considered. However where as the writing on both sides of the card cannot be read or determined by virtue of serious spelling mistake or any other reason besides a willful destruction of the card, the state comrade who picked the card shall make a complaint to the Chief supervisor who shall collect and examine the card and afterward hand it over to the commissioner who shall show the card to the gathering and camera and whatever the commissioner decides shall be binding on both the state comrade and chief supervisor. The commission shall give the card to the record supervisor who would endorse the card as either valid or invalid in relation to what the commissioner has declared after which he/she is to give the card back to the state comrade who picked out the card.
If the commissioner declares a card as invalid then the state comrade who picked the card would be treated as though absent.After each state comrade has had his turn, the record supervisor shall determine the region/s that is /are short of personnel, if only one state comrade is affect in this scenario then the region with a vacancy would automatically be the region to which the individual shall be appointed and as such the record supervisor shall endorse a card bearing the name of that region and give it to the state comrade in question collecting the invalid card in return. however in the event that there is more than one individual with this problem then the commissioner shall by discretion appoint such state comrades to regions that have vacancies and such decisions shall be binding on the state comrade. Also no card is to be folded or crumbled before it is put into the ark as it may invalidate the card.
In the event that a commissioner declares a card as invalid while picking a card to determine the head quarters of the commission,he/she shall show both ends of the card to the gathering and camera and then proceed to pick once again from the ark, if he declares the second card as invalid, he shall repeat his actions until he/she has picked out a valid card. If all cards are declared invalid, the commissioner shall have the discretion to announce a region of his/her choice as the head quarters of the commission.
DEALING WITH EXTRA OR LESS CARDS OF THE ARK
In the event that at the start of the let the ark decide procedure, the ark is found to contain any material, the ark supervisor shall inspect and remove such materials from the ark and thus ensure that the ark is empty, after this the commissioner shall confirm it before the proceedings may continue, further more in the event that the there are more or less cards found to be in the ark after or during the a let the ark decide procedure respectively or there are more or less than nine cards counted after the selection of Head quarters of a commission, the chief supervisor shall annul a part of the whole of the procedure. The commissioner shall have the discretion to make all necessary regional appointments, choose all regional commissioners as well as decide the head quarters of the commission as the case may require and this decision shall be deemed valid and binding on all parties involved. The commissioner shall then report to the Director General on the matter.
DEALING WITH MISTAKES ON CERTIFICATES AND CONTRACTS
A certificate to be issued a state comrade shall bear his/her name and formally state that he/she has been duly appointed to hold a particular regional office in the commission where as a contract would state the rules and regulations bordering the terms and conditions of service of a state comrade.
Where there is a mistake on the certificate or contract with regards to grammar or spelling which has the tendency to distort and give another meaning or an interpretation other than what is desired, then the affected state comrade is to report to the commissioner who in turn shall take the necessary steps to replace the certificate or contract with one that is void of errors. However if the commissioner rejects a complaint by a state comrade with regards to a mistake contained in a certificate or contract, the commissioner’s decision shall have precedence and the state comrade in question may choose not to sign a contract, refuse to collect a certificate or do both. The chief supervisor shall submit such items of dispute to the Director General of the Association within twenty-four hours after the complaint was made and what the Director General shall decide would be binding on all parties involved.
DEALING WITH MALFEASANCE
Any staff member, supervisor, commissioner, acting personnel or individual who acts in a way during a Genesis meeting of a commission which is beyond his/her jurisdiction or that seeks to thwart someone or others in the performance of their official duties or that seeks to disrupt or disorganise proceeding of the Genesis meeting would be charged with malfeasance.
Persons charged with malfeasance would be escorted out of the premises immediately. Any state comrade who is charged with malfeasance shall automatically be disqualified. It shall take the support of at least two supervisors and two commissioners to charge any individual with malfeasance, be they state comrades, supervisors, commissioners or any other persons present or absent at the venue. Some cases of malfeasance during the genesis meeting would be brought before a competent court of law in Ghana.
The Attorney General of Ghana shall see to the prosecution of any Ghanaian charged with malfeasance within twenty-one days when it is reported to the Attorney Generals office. For this reason any Ghanaian charge with malfeasance shall not be permitted to leave the country until twenty-one days have elapsed since the case was reported to the Attorney General or unless specially permitted by a competent court of law in Ghana.
No foreigner who holds membership with the association is to be prosecuted by the Attorney General of Ghana and by extension the government of Ghana. The Director General shall terminate the membership of any such persons if charged with malfeasance inform the African Union for replacements.
APPOINTING A REGIONAL COMMISSIONER
On the twenty-second day of the transitional period, all state comrades shall join other members of their regional group and await the commissioner to appoint a regional commissioner from among the group members, with the exception of the region that was declared head quarters.
A State comrade shall be appointed Regional commissioner on the condition that he/she has attained the highest age by virtue of his/her age, rules on simultaneous selection would be followed in the event of a tie.
The position of regional commissioner shall be compulsory, as such an individual who rejects the position would automatically loosely his/her membership to the association. Once chosen a regional commission a state comrade would continue to serve in that capacity for a full term in office regardless of whether or not the most qualified person was absent at the time of the selection or an appointed personnel to the regional branch of the commission is older than the current regional commissioner.
The post of regional commissioner shall pass on to the most senior member in the regional branch of the commission by virtue of age, in the event that the regional commissioner loses his membership of the association by virtue of death, resignation or disqualification.
PERMANENT APPOINTMENT POSITIONS
Every state comrades shall serve in a regional office of the commission and while there would not be permitted to transfer to another regional office or to a different commission.
However in the event of a state of emergency, where it is determined that state comrades in a Particular region are in danger and/or would not be able to carry out their work properly for reasons of the state of emergency, then the whole or a section of the state comrades in that region may be relocated to another area, and regardless of whether or not it is in another region, their work would be carried out in respect of the region to which they where appointed.
In the event that a state of emergency is as a result of the invasion of Ghana, the Director General of the Association shall suspend the activities of the Association and take appropriate measure to see to the relocation and safety of all members of the Association.
REPLACING STATE COMRADE IDENTIFICATION ITEMS
In the event that a state comrade other than a regional commissioner or a member of an executive in the Association misplaces or for one reason or the other losses any personal identification items regarding his/her membership to the commission such a personnel would have to report it to his/her regional commissioner who would take the necessary steps to issue a replacement for the personnel as well a deactivate/cancel the use of the lost item as the case may be.
On the other hand, a regional commission would report to a member of the commission’s executive, while a member of the commission’s executive shall report to a member of the Associations executive. A member of the Association executive shall report to other members of the executive and then take appropriate steps to replace and deactivate the use of the lost item as the case may require.
The Association may operate a lost but found service to help retrieve missing items, in which case either the found item or the replacement issued is to be confiscated and activated or deactivated as the case may be.
They shall be no replacements for certificates while confiscated items of state comrades that are reinstated would be returned to them.
LIFE IN THE STATE COMRADES ASSOCIATION
There shall be a state comrade’s association branch in each region of the country. Within this branch shall be offices and residential facilities for each of the three commissions.
Residential Accommodation shall be compulsory for all members of the association. A Member of the association may choose to invite his/her family members to reside with him/her.
Members of the association are entitled to some rights and freedoms enjoyed by Ghanaians under the laws of Ghana and as such among other things, they are free to enroll their children into an educational institution in the country provided their wards meet the requirements for entry. They shall be entitled to health care benefits and the use of heath facilities and other facilities which the House of legislature shall determine.
State Comrades shall not be permitted to run or establish any business venture in the country what so ever,hold shares in a Ghanaian company, serve in a private or public office other than in the commission to which he/she is affiliated, vote in general elections held in Ghana nor are they permitted to disclose their affiliation to the commission or reveal classified information about a commission unless specially permitted by law.
The State comrades Association shall establish a fund to carter for the financial needs of the association referred to as the State comrades Association fund. All revenue of the association shall be credited to this fund and all expenditure of the association shall be charged to this fund. Monies from this fund would be used to run the business of the association and as such entitled only to members of the Association, furthermore in the event that money in the associations fund is insufficient, with the approval of the House of Representatives money from the consolidated fund would be used to supplement that of the association’s fund or a proportion of money maybe deducted from both funds to address the needs of the association.
The salaries and allowances entitled to all members of the state comrades association shall be tax free with the exception that fifteen percent of the salary shall be deducted to carter for payment of utility bills as well as to cover for various insurances policies for all members of the association.
All members of the State Comrades Association are entitled to the remunerations, privileges and retirement benefits that the House of Legislature may recommend to the House of Representatives.
MONITORING WITHIN THE ASSOCIATION
All members of the State Comrades Association are required to send a report or notice addressed to the Attorney General and then to the speaker of the House of Representatives, if such a member observes or suspects that another member or members of the Association are acting outside their official or constitutional duties. In this regard a notice addressed to the speaker or the Attorney General shall be taken to be a notice addressed to the respective houses which they oversee.
The Attorney General shall investigate such matters within 31 days after which he/she shall present a report on the matter before the House of Representatives while making recommendations as to how the House of Representatives is to deal with any matters of concern arising from the report.
All reported cases shall be strictly confidential and those who make such reports would if they wish choose to omit their particulars in their report or notice. Any Discussion of this nature in the House of Representatives shall be held in private and deliberated by the speaker and all regional speakers.
TENURE FOR THE STATE COMRADES ASSOCIATION
The tenure of office of members of the State Comrades Association would last for seven years unless such a member resigns, dies or is disqualified.
A member of the Associations cannot be reappointed after serving three tenures in the Association. Any member of the State Comrades Association is free to resign from his/her duties and it shall not be a prerequisite for a state comrade in doing so to give the reason/s for such an action.
MISCELLANEOUS ADDITIONS
· Proceeds from the sale of application forms would be credited to the state comrade’s association fund.
· A commissioner may choose to hold a recess during a Genesis meeting but this must be done so as not to taut the appointment of the required number of state comrades for the day.
· The commissioner and chief supervisor may choose to endorse certificates prior to the day of their submission in order to speed up proceedings of the Genesis meeting.
· A report to the Director General or to the African Union during a Genesis meeting shall among other things, determine the likely causes of an anomaly for which the report is being written, propose measures or a plan to be put in place to prevent the re occurrence of the anomaly and explain what line of action was taken with regards to the anomaly as at the time of the report.
· The African Union in response to a report by a commissioner, the Director General or the speaker of Parliament during the transition period with regards to proceeding of a genesis meeting has jurisdiction to; annul the procedures taken and request that a different line of action be taken. This shall not be possible after the expiration of the transitional period and this shall be 31 days.
· Under no circumstance would anyone have the jurisdiction to sign a contract or oath of office on the behalf of a state Comrade
· Some personnel of the security agencies should be present to maintain decorum during the genesis meeting of each commission
THE PUBLIC SERVICE COMMISSION
It shall be supervised by the Public Service Commissioner who would be assisted by two deputies, all of whom would be Ghanaians. It shall also include three thousand Africans. The main responsibility of this commission would be to promote and ensure the appointment of qualified Ghanaians into the public sector of Ghana by outlining the standards for entry and exit into the Public Service of Ghana unless stated otherwise herein. The Standards for entry into the Public service would vary from one job to the other, but would however fall under six main categories with respective percentage of importance namely;job qualification 45%,job experience 20%, medical history 10%, criminal history 10%,national service 10%,and morality 5%.
If someone seeks to be a public servant he/she would have to check from any avenue or branch of the public service commission or from its website. All branches of the commission shall have a list of jobs available in the country as well as the general requirements an individual needs to satisfy to hold such an office.
After going through this list an individual who qualifies for a job and seeks to apply for it can then do so. It shall be considered a serious crime punishable by law if a person consciously applies for a job knowing or having suitable grounds for knowing that he/she does not qualify for a job. The Attorney General shall prosecute such persons. The reason for this is to prevent disqualified persons from applying and in the process wasting the valuable time of the commission in processing their documents.
Any individual who wishes to apply may choose to pick an application form or download it as the case may demand for free or for a price. The prices of applications forms would vary based on the type of application being made. The higher the public office being applied to, the higher the cost of the application form and vice versa. Free application forms shall span for all available public offices, however 3/10th of all appointments shall be selected from applicants using free application forms where as applicants with purchased application forms shall make up for the rest.
All applicants would be required to pay a small standard fee specifically to cover the communication charges the commission would incur in contacting them. The Public Service Commission is to fix and regulate the prices of all applications forms and communication fees subject to the approval of the House of Representatives via the house of legislature. After acquiring an application form an applicant would have to fill it out and support it with the required documents and particulars it so required. Required documents may include certificates, health records, financial records and so on which would depend on the type of application i.e. mostly applications to high public offices or positions.
After filling out a form and attaching the necessary documents if so required, the applicant would submit it to any branch of the investigative commission or to the commission via online. After submitting an application form an applicant would be issued with a serial number similar to that on the application form that would serve to provide easy reference to the application and the applicant.
After the investigative commission certifies the eligibility of an applicant to hold a public office and when there is still a vacancy,the applicant would be contacted and invited to sign a contract which the applicant should read and fully understand, after which he/she would be issued with a clearance certificate and unless started herein automatically appointed to a position in the public service, thus first come first served. An applicant who is unable to read shall be given an interpreter by the commission to assist him/her. The reasons for this is to hold the applicant liable if he/she breaches the terms and conditions of the contract. The Public Service shall take stringent measure to unable persons with disabilities apply for work as well.A contract would make known to the applicant the terms and conditions of service of the job he/she wishes to hold.
A disqualified applicant is free to reapply for a job if that applicant qualifies for the job in question. Furthermore an applicant would not be eligible to apply for more than two positions in a particular governmental department or agency at the same time, to make more than ten applications at a given time or permitted to apply for a particular job with both a free and bought application form. An applicant has the sole right to chose where to work if such an applicant has qualified for more than one job however no applicant may work at two or more places simultaneously unless started otherwise herein.
A certificate of Clearance shall serve as proof that an applicant having understood the terms and conditions of service of the public office or position he/she has applied for should hold the public office in question or contest for such an office. The date and time on which a certificate of clearance is issued would be identified on the certificate and a duplicate of the certificate shall be kept by the public service commission. A certificate of clearance would be endorsed by the Public Service Commissioner or any other persons within the commission that he/she shall appoint for that purpose. There shall be two types of Certificate of Clearance; the fixed type and the flexible type. The flexible type shall pertain to high and very high public offices and require more than one person to contest for the position whereas the fixed type shall clearly spell out the job or position the applicant is to hold without the applicant having to contest the position before hand. For instance an applicant wishing to contest for a position as a member of the house of representatives would have to contest with other qualified persons in a constituency election and win before he/she becomes a member of the house of representatives for the constituency, furthermore an applicant wishing to be a minister of state after qualifying must be vetted and appointed by the house of representatives while on the other hand an applicant with a fixed certificate who qualifies to be a bus driver may be appointed to work in the ministry of roads and transport as a bus driver. A certificate of Clearance becomes invalid after the duration for which it was issued. As such the certificates of clearance for all contestants that contest a constituency election shall be invalid after the conduct of the election unless it is otherwise renewed by the Public Service Commission in the event of a run off or where started herein.
The public Service Commission shall have the responsibility to be abreast and keep records of all employment vacancies as a result of resignations, dismissals, leave, death or illness. With regards to this, all supervisors in the public sector are to report all vacancies created by the aforesaid conditions to the public service commission as soon as practicable, by so doing the Public service commission would be better placed to make brisk appointments. All Public officers in Ghana would have to pass through the public service commission to get employed unless started otherwise herein. Public officers includes members of the; civil service, judicial service, The Audit Service, The Education Service, The Prison Service, The Parliamentary Service, The Health Service, The Statistical Service, The National Fire Service, The Customs, Excise and Preventive Service, The internal Revenue Service, The Police Service, The Immigration Service, and The Legal Service;
· Public services established by the constitution of Ghana
· Such other public services as the House of Representatives may by law prescribe.
THE INVESTIGATIVE COMMISSION
It shall be supervised by the Investigations Commissioner who would be assisted by two deputies all of whom would be Ghanaians. It shall also consist of three thousand Africans.
The main responsibility of this commission would be to investigate all applications submitted by applicants seeking to hold public office. The commission shall investigate applicants in order to ascertain whether or not such applicants are qualified for jobs that they have applied for. It would perform such functions in conformity to the laid down requirements of the Public Service Commission.
All submitted applications forms would be processed in a similar way. First of all the investigative commission would determine if the required information is present, and determine the validity of such information contained in the application or if the documents attached to the application are valid or genuine. In doing this the investigative commission may work in collaboration with the various security agencies in the country.
If it is discovered at any time during the investigation that an applicant is not qualified due to the fact that the applicant has either submitted false documents or provided invalid or incomplete information, processing of the applicants applications would be suspended immediately. The investigative commission would establish whether or not the applicant was aware of the error, falsification or omission that disqualifies him/her. If it is detected after this that the applicant was well within the standards of knowing that he/she was disqualified and yet applied then the investigative commissioner shall report the matter to the Attorney General who in turn shall see to it that the applicant is contacted and arraigned before a competent court of law for prosecution. If it is however detected that the applicant was not within the standards of knowing that he/she was disqualified from applying, the investigative commission shall with the consent of the applicant correct all oversights and proceed with investigation.
The investigative commission shall after its investigation submit only valid application forms to the public service commission. It shall keep all invalid application forms and tag them with the reasons for the disqualification.
THE ELECTORAL COMMISSION
It shall be supervised by the Electoral Commissioner who would be assisted by two deputies all of whom would be Ghanaians. It shall also consist of three thousand Africans.
The main responsibility of this commission would be to supervise and conduct free and fair elections and contests into the public sector of Ghana.The Electoral Commission in exercising its duties to supervise and conduct free and fair elections and contest in the country would perform the following functions;
to compile the register of voters and revise it at such periods as may be determined by law;
to demarcate the electoral boundaries for both national and local government elections or contests;
to conduct and supervise all public contests, elections and referenda;
to educate the people on the electoral process and its purpose;
To undertake programmes for the expansion of the registration of voters; and to perform such other functions as may be prescribed by law.
QUALIFICATIONS
A DIRECTOR GENERAL
Should be a Ghanaian by birth, and should have attained the age of twenty-one years or more.
Must be of sound mind and of good health
Should have no serious criminal record
Must be a registered Ghanaian voter.
Should have lived in Ghana for an uninterrupted period of three years before his/her appointment.
Must be in possession of a degree of higher education preferably a master’s degree.
Must have a strong integrity.
Must be morally upright.
Should have paid all his/her taxes or made arrangements satisfactory to the appropriate authority for the payment of his/her taxes.
A COMMISSIONER
Should be a Ghanaian by birth, and should have attained the age of twenty-one years or more.
Must be of sound mind and of good health
Should have no serious criminal record
Must be a registered Ghanaian voter.
Should have lived in Ghana for an uninterrupted period of two years before his/her appointment.
Must be in possession of a degree of higher education preferably a master’s degree.
Must have a strong integrity.
Must be morally upright.
Should have paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.
STATE COMRADES OF THE PUBLIC SERVICE COMMISSION
· Must be a citizen by birth of any African Country other than Ghana but which is not at war or has serious disputes with Ghana.
· Must be of sound mind and of good health.
· Must have no serious criminal record.
· Should not have been a member of any national armed force, security or intelligence organisation.
· Must be able to read, write and communicate good English.
· Must be professionally trained and experienced in matters pertaining to the conduct of public service administration.
STATE COMRADES OF THE INVESTIGATIVE COMMISSION
· Must be the citizen by birth of any African Country other than Ghana but which is not at war or has serious disputes with Ghana.
· Must be of sound mind and of good health.
· Must have no serious criminal record.
· Should not have one time or the other been a member of any national armed force, security or intelligence organisation other than in the police service.
· Must be able to read, write and communicate good English.
· Must be professionally trained and experienced in matters pertaining to the conduct of investigations.
STATE COMRADES OF THE ELECTORAL COMMISSION
· Must be the citizen by birth of any African Country other than Ghana but which is not at war or has serious disputes with Ghana.
· Must be of sound mind and of good health.
· Must have no serious criminal record.
· Should not have one time or the other been a member of any national armed force, security or intelligence organisation.
· Must be able to read, write and communicate good English.
· Must be professionally trained and experienced in matters pertaining to the conduct of free and fair elections.
RESPONSIBILITY
THE DIRECTOR GENERAL
To oversee all Administrative duties of the Association such as;
To Report to the House of Checks and Balance when it comes into operation on the total number of Government employees, and subsequently on an annual basis.
To swear in the various Commissioners in the State Comrades Association.
To recommend to the House of Representatives on matters of logistics, transportation, communication, delivery services but to name a few to facilitate the work of the Association and also on improving work performance in the association as well as dealing with criminal involvement of members of the Association.
To submit the state comrades membership list to the House of Checks and Balance.
To report to the African Union during the transition period and subsequently for the replacement of personnel of the Association.
To report annually to the House of Representatives on its activities.
A COMMISSIONER OF THE STATE COMRADES ASSOCIATION
To swear in newly appointed state comrades for regional appointments.
To make recommendations to the Director General to facilitate to work of the commission.
To submit the membership list of the commission with regards to date and time of appointments of personnel to the Director General of the Association.
To report annually to the Director General on its activities.
To address all matters concerning the well being of all members of the commission.
To address all problems or challenges that the commission faces in the discharge of its official duties.
To recommend the removal of personnel based on performance, health and on grounds of involvement in any criminal activity
PART TWO
THE FOUR ARMS OF GOVERNMENT
For a Better Balance of Power in addition to the State Comrades Association, four arms of Government shall exist. The first three arms shall come into operation simultaneously after which the fourth arm shall come into force.
They are;
· The House of Legislature.
· The House of Judicature.
· The House of Representatives.
· The House of Checks and Balance.
THE HOUSE OF LEGISLATURE
The House of Legislature shall have the Attorney General as its supervisor. The Attorney General would be assisted by two deputies. Membership of the house shall be of two separate categories;members by selection and members by status.
Members by selection shall be two hundred and fifty in number and consist of two hundred lawyers and fifty other persons stated herein. On the other hand members by status shall automatically consist of all barristers working full time or part time for the state. Members by selection shall perform the day to day business of the house.
For the purpose of selecting the two hundred lawyers, twenty lawyers shall be chosen from among each of the ten regions in Ghana. Among the lawyers required would be those who have practices either one of the following; criminal law, public law, law of tort, law of trusts, Land law, maritime law, commercial law, company law, labour law, public international law and customary law
The fifty members by selection shall consist of persons having served at one timeor the otherin the capacity of
· Attorney General
· Chief Justice;
· Director of the Audit Service,
· Director of the Criminal Investigations Department.
· Director of the Customs, Excise and Preventive Service
· Director of External Intelligence
· Director of the Fire Service.
· Director of the Immigration Service.
· Director of the Internal Revenue Service
· Director of Internal Intelligence
· Director of the commission on human rights and administrative justice
· Director of the National Bureau of Investigation
· Director of the Prisons Service
· Director of the Statistical Service
· Government Statistician;
· Director of Women and Juvenile unit
· Governor of the Bank of Ghana
· Head of the Ghana navy
· Head of the Ghana army
· Head of the Ghana air force.
· Inspector-General of Police
· Minister for Finance.
· Minter for food and agriculture
· Minister for communications
· Minister for education
· Minister for environmental protection and cleanliness.
· Minister for trade and industry
· Minister for foreign affairs
· Minister for mines and energy
· Minister for health
· Minister of interior
· Minister for lands and forestry
· Minister for roads and transport
· Minister for tourism
· Minister for works and housing
· Minister for youth and sports
· Speaker of parliament.
As well as
· A Representative of the Catholics Bishops’ conference of Ghana.
· A Representative of the Chief Imam of Ghana.
· A Representative of the paramount chief of each region in Ghana.
· A Representative of the Trades Unions congress of Ghana.
The Director General of the State Comrades Association shall set the date and time for the opening of the House of legislature and on the scheduled day the public service Commissioner shall induct its members into the house for its first sitting.
Two lawyers from among the twenty lawyers chosen to represent each region shall serve in the legislative council of the house. The Electoral commission shall organise an election in each of the ten regional groups by means of secret balloting and the first two persons to obtain the highest votes shall serve on the legislative council. After the selection of members for the legislative council, the public service commission shall induct into the house the first ten persons to qualify for to position of Attorney General of Ghana.
The Electoral commission shall organise a contest using the let the ark decide procedure where by all 10 qualified persons shall in order of precedence by virtue of certificate of clearance pick a card from the ark. The Person that picks a card with the inscription Attorney General or First deputy Attorney General or second deputy Attorney General shall be appointed to that office accordingly and as such issued with a certificate of clearance signed the public service commissioner and electoral commissioner. The Attorney General and his/her deputies shall be part of the legislative council of the house.
The Attorney General shall serve as the chairperson of the legislative council in whose absence in order of precedence the following persons shall preside; the first deputy attorney general, the second deputy attorney general and the most senior member of the legislative council by virtue of duration in public service; rules for simultaneous selection shall be followed where necessary.All Members of the House of legislature shall be sworn into office in the House of Representatives and by the speaker.
The legislative council of the House of Legislature shall determine its mode of operation in order to perform its duties however in the event that the house of legislature shall serve as a court of appeal then only members of the legislative council shall serve in this capacity with the Attorney General as chairperson. What ever decision it takes shall be deemed to have been taken for the entire membership of the house. In this regard at least 15 of its members must agree on a decision before it can be duly accepted. Apart from its capacity to serve as a court of Appeal, the House of Legislature shall be subject to approval from the House of Representatives.
A member of the house of legislature is entitled to a 7 year term in office unless such a member is dismissed for breaching the terms and conditions of service of his/her contract, removed from office by way of resignation, or due to incapacitation by way of serious illness or death which shall all be determined the supreme court of Ghana
All members of the house shall be entitled to such allowances and privileges as it may prescribe for itself but which are subject to the approval of the House of Representatives. The allowances and privileges of members of the House of Legislature shall be charged to the Consolidated Fund.
The House of Legislature shall be charged with the following duties.
· To propose, draft, and implement all national policies
· To draft all bill brought before the House of Representatives for consideration
· To effect amendments on the constitution or laws in force in Ghana.
· To serve as a National Commission of Enquiry
· To serve as a National Court of Appeal.
· To conduct all legal matters in the name of Ghana.
· To enact law and effect laws to regulate the public and private sector of Ghana.
HOUSE OF JUDICATURE
The House of Judicature shall have the Chief Justice as its supervisor. The Chief Justice shall be assisted by two deputies.It shall be made up of 20 former or current Supreme Court Justices who shall form the judicial council and two other members who shall not be part of the judicial council but hold membership of the house, one of whom shall be a representative of the Chief Imam of Ghana while the other is a representative of the Catholics Bishops conference of Ghana. The Chief Justice shall preside over meeting of the judicial council but in whose absence the most senior justice by virtue of duration in public service shall preside.
For the purpose of selecting the twenty members of the judicial council, two members of the council shall be natives of one of the ten regions in Ghana.Only members of the judicial council shall have voting rights on all matters brought before it for consideration. However the representative of the chief Imam of Ghana and the Catholic Bishops Conference of Ghana may advise the judicial council on any issue brought before it for consideration. The Judicial council shall however not be compelled to effect such recommendation or finalize a decision unless it is agreed upon by not less than seventeen justices on the council.
For the Purpose of selecting the representatives of the Chief Imam of Ghana and the Catholics Bishops conference of Ghana, such appointments shall be direct and as such appointees shall not apply to the public service commission, however the appropriate body or person responsible for the appointment must in writing addressed to the speaker of the House of Representatives and signed by themselves and the appointee present the name of the appointee to the speaker for appointment.
The Director General of the State Comrades Association shall set the date and time for the first sitting of the House. The Public Service Commissioner shall usher in members of the house as well as the first ten qualified persons for the position of chief Justice for the first sitting of the House.
The Electoral commission shall organise a contest using the let the ark decide procedure where by the ten qualified persons shall in order of precedence by virtue of certificate of clearance, pick a card from the ark one after the other. The Person that picks a card with the inscription Chief Justice or First deputy Chief Justice or second deputy Chief Justice shall be appointed to that office accordingly. Such persons shall be issued with a certificate of clearance signed the public service commissioner and electoral commissioner to that effect. The Chief Justice and his/her deputies shall be part of the Judicial council of the house.
The Chief Justice shall serve as the chairperson of the judicial council in whose absence in order of precedence the following persons shall preside; the first deputy Chief Justice, the second deputy Chief Justice and the most senior member of the judicial council by virtue of duration in public service; rules for simultaneous selection shall be followed where necessary. All Members of the House of Judicature shall be sworn into office in the House of Representatives and by the speaker.
A member of the Judicial Council is entitled to a three year term in office unless such a member is dismissed for breaching the terms and conditions of service of his/her contract, which shall be determined by the house of legislature subject to the approval of a quota of the members of the House of Representatives or is otherwise removed from office by way of resignation or due to incapacitation by way of serious illness, injury or death.
A religious appointee is entitled to a term in office that shall not exceed the term of the judicial council and which may be renewed of cut short by the appropriate group or person responsible for the appointment.
All members of the house shall be entitled to such allowances and privileges as the House of legislature may prescribe for it but which are subject to the approval of the House of Representatives and which shall be charged to the consolidated fund.
The House of Judicature shall be charged with the following duties.
· To resolve disputes that may arise in respect to interpretation of the constitution or constitutional provisions enforced in Ghana.
· To serve us the supreme court of Ghana and as such the highest court of appeal in Ghana.
· To address and recommend to the House of Legislature ways and means of improving judicial administration in Ghana.
· To determine conditions for the promotion of Judges
· To determine conditions for the transfer of Judges.
· To serve as a platform to investigate cases of judicial irregularities and cases of misconduct of Judges, judicial abuse of office and Blackmailing and/or Bribery of Judges.
THE HOUSE OF REPRESENTATIVES
This House shall have the Speaker of the house as its supervisor. The Speaker of the House shall be assisted by two deputies. This house shall also constitute representatives of the various constituencies in Ghana as well as members of the clerk’s office.
The Speaker of the House shall preside over sittings of the house but in whose absence in order of precedence the following persons shall preside; the first deputy speaker and then the second deputy speaker. Deputy Speakers are to assist the Speaker in the supervision of the house and discharge whatever legal duties the speaker shall charged them with. Deputy Speakers shall also chair all vetting committees in the House of Representatives. The Clerk shall have the duty of formally recording proceedings of a sitting of the House.
BECOMING A CONSTITUENCY REPRESENTATIVE
No political party or its candidate shall be given preference over another political party or its candidate or any individual. Any person who desires to contest in a constituency election on the ticket of a political party or as an individual shall be treated on his/her own merit. Any individual who wishes to represent his/her constituency in the House of Representatives must apply to the Public Service Commission for the post. An applicant who qualifies shall contest the position in a constituency election with other qualified applicants. The winner in the election shall represent that constituency in the House of Representatives.
REGIONAL SPEAKERS, THE CLERK OF THE HOUSE AND THE SPEAKER OF THE HOUSE
The Director General of the State Comrades Association shall set the date and time for the first sitting of the House of Representatives. On the scheduled day, the Public service commission shall usher members into the House. The agenda for the first sitting shall among other things include the election/selection of the Regional speakers, Speakers of the House and member of the clerk’s office.
A regional speaker shall serve as the spokes persons for his/her region in the House of Representatives. In doing so the Regional speaker shall be assisted by two members of the house from within his/her region.
Any member who qualifies and desires the position of regional speaker must first apply to the public service commission for the position, seven days before the first sitting of the house. Only the first twenty qualified persons shall contest. Thus on the first sitting of members of the House the Electoral Commission shall l conduct an election by means of secret balloting whereby all members of the house from a region shall proceed to vote in favour of a candidate of their choice. The first three persons with the highest score shall serve as regional speaker, first deputy regional speaker and second deputy regional speaker respectively.
After all regional speakers have been elected or selected; the Regional speaker for the region with the capital city shall then serve as the acting speaker on behalf of members of the house. The acting speaker shall request the Public Service Commission to present members of the clerk office before the house. The first 10 qualified persons shall be presented before the house.A decision by a majority of regional speaker shall determine whether the clerk of the house shall be elected or selected. After which the acting speaker shall swear them into office.
THE SPEAKER AND DEPUTY SPEAKERS
The acting speaker shall call for the selection/election of speakers for the house. The public service commission shall bring before the house the first ten persons to qualify for the position of speaker for the House of Representatives. A decision by a majority of regional speaker shall determine whether the speaker of the house shall be elected or selected.The acting speaker shall swear in the selected or elected Speaker and two deputy speakers into office on behalf of the members of the house. Afterward the Speaker shall proceed to swear in the members of House of Representatives.
THE PRESIDENT AND VICE PRESIDENTS OF THE REPUBLIC
The speaker shall after a recess move a motion for the selection of president and vice presidents for the republic. This shall be supported by a simple majority of members or outside postponed to a date determined by the speaker within seven days from that day. If a simple majority of members agree to the proceedings, the speaker shall request the selection of the President, first Vice President and second Vice President. The president and vice presidents shall be chosen from among the members of the house other than a speaker and a member of the clecks office. Members who wish to contest the position must apply to the public service commission seven day prior to the first sitting of the House of Representatives.
The first five qualified persons from each region shall contest in an election where by the members of that region in the house shall vote for a candidate of their choice. The candidate with the highest number of votes cast in his/her favour shall be chosen to represent that region in a contest to determine the president and two vice presidents.Ten persons in all, one from each region in Ghana shall contest in the let the ark decide procedure to determine the president and two vice presidents
The let the ark decide procedure shall be used to select the president and vice presidents in the following manner under the supervision of the electoral commission. The ark supervisor shall open all sides of the ark in the viewing of members and make sure that the ark is void of any materials. Afterward the card of the ark supervisor shall place ten cards into the ark and mix them up. Among the ten cards, three cards shall bear the inscription President, first vice president,second vice president respectively while the remaining seven cards would have nothing written on them. Then in order of precedence by virtue of clearance certificate,the contestants shall proceed to pick from the ark one after the other until the positions at stake have being won. The ark supervisor shall once again open the ark in the viewing of the gathering to make sure that the ark is empty or that the remaining cards in the ark do not exceed or are not less than what is required as the case may determine.
After this exercise, the Speaker, the Director General of the State Comrades Association, the Electoral Commissioner, the public service commissioner and the 10 regional Speakers would accent a document bearing witness to the selection of President and vice Presidents.
APPROVING THE MEMBERS OF THE STATE COMRADES ASSOCIATION
All members of the State Comrades Association shall assume an acting position until their membership is approved by the House of Representative or automatically after eight months have elapsed since their appointment to the association.
The speaker of the House of Representatives shall on the fiftieth days after the House of Representatives begins its operations, move a motion to request the house of legislature to investigate the appointments of all members to the State comrades association. Where a quota of the house is in support of the motion, the speaker of the house shall request the Attorney General to perform the aforementioned duty and to report to the House of Representatives every twenty-one days on the issue.
The support of a quota of members of the house shall be required to abrogate the membership of an individual or a certain group of individuals in the state comrades association and as such the speaker of the house shall in a note signed by himself/herself and by the ten regional speakers direct the Director General of the state comrades association to effect such changes within the association.
In the event that the entire executive of the State Comrades Associations is to be dismissed, the speaker shall issue a notice of appointment revocation to the Director General abrogating the duties of the executive of the association and afterward inform the African Union for replacements. It shall not be a prerequisite to inform a state comrade on the revocation of his/her membership prior to requesting the Director General to replace the state comrade in question. All persons whose appointments have been terminated shall be made to vacate the premises of the association immediately; the regional commissioner shall take necessary steps to ensure that personal belongings of such persons are delivered to them from their place of work. All dismissed persons would not be permitted to commission unless stated herein and as such any items that identifies the individual in question as being a member of the commission or enables the individual to access a facility or perform an action reserve for members of the commission or can influence the activities of the commission shall be confiscated or deactivated as the case may require. The Director General is to ensure that all dismissed persons return to their country of origin within 7 days after their membership has been abrogated.
A member of the state comrades association shall be dismissed only on the grounds that such a person has acted against/ is not eligible to be appointed under the terms and conditions of service of his/her contract hitherto due to an oversight. Also a state comrade who seeks to naturalize as a Ghanaian or citizen of another country would first have to resign from the association. A member who seeks dual citizenship with Ghana or any other country would also loose his/her membership to the association.
The African union may challenge the findings of the house of legislature in defense to an appointment it has made in which case the House of Judicature shall look into the issue and its decision shall be binding on both parties. A state comrade who has been dismissed by a decision of the House of Representatives has an opportunity of being reinstated within six months after the dismissal. A new appointee would give up his/her position in the association if the predecessor to the office has been reinstated or if the new recruit is rejected by the House of Representatives within eight months after his/her appointment.
A commissioner shall report all vacancies in a commission to the Director General who shall in turn inform the African Union to appoint replacements, however If twenty-one days have elapsed and a position in the association is still vacant, the Director General shall inform the Public service commissioner to appoint someone to fill in the vacancy, the appointment of a Ghanaian shall be valid. All appointees must sign a contract and be sworn into office before they may begin work but shall however be discharged of such duties when an African Union appointee to the office has be chosen and is available.
TERMS AND CONDITIONS OF SERVICE
A member of the House of Representatives is entitled to a five year term in office unless such a member is dismissed for breaching the terms and conditions of service of his/her contract, which shall be determined by the supreme court of Ghana or is otherwise removed from office by way of resignation or due to incapacitation by way of serious illness or death.
All members of the House of Representatives shall be entitled to such allowances and privileges as the House of Legislature may prescribe for it subject to its own approval and charged to the consolidated Fund
REPRESENTATIVES OFFICE FOR CONSIDERATION AND EDUCATION (ROCE)
Each constituency representative in the House of Representatives shall be mandate to manage a network of offices referred to as the representative’s office for consideration and education. Each office is to be managed by a Supervisor who shall be assisted by two other supervisors, all of whom shall be appointed by the public service commission. It shall also consist of 30 other person who shall discharge the day to day duties of the office.
The House of Legislature shall determine the number of such offices a constituency representative should have in his/her constituency, as well as where such offices are to be located and the mode and method of their operation.
The Duties of the Representatives Office for Consideration and Education shall be as follows;
· To create an avenue for members within the constituency to complain on any issue that affects them, be they civil, criminal or other wise.
· To address the complains brought before it by channeling them to the appropriate authority for consideration
· To explore new or better methods of improving the well being of person within the constituency by taking into account the views and suggestion of members of the constituency and to channel such matters to the appropriate authority for consideration.
· To educate members in the constituency on government initiatives as well as matters of social concern by incorporating the help of both Non Governmental Organisations and governmental organisations.
· To promote intra and inter constituency youth games and sporting activities.
· To conduct regular polls in the constituency to determine the peoples views on issues.
· To submit relevant statistical data to the House of legislature, which would enable it determine the best line of action to take with regards to plans for the development of the constituency and/or the eradication of the problems of the constituency.
· To report on its activities on a monthly basis to the constituency representative in the House of Representatives.
The House of Checks and Balance
As its names suggest the House of Checks and Balance would be the link between the House of legislature, the House of Judicature and the House of Representatives. The total membership of the House shall be ten members; three of which shall represent each of the aforementioned Houses while the last member who has no voting right shall serve as secretary and spokes person of the House.
The ten members of the House shall form the executive council and they would be sworn into office in the House of Representatives and by the speaker. The President and his/her deputies, the Attorney General and his/her deputies and the Chief Justice and his/her deputies shall represent their respective house in the House of Checks and Balance.
The president shall supervise the activities of the executive council and in whose absence the following persons shall in order of their superiority preside, the; first vice president, second vice president, the Chief Justice, the Attorney General, the fist deputy Chief Justice, the first deputy Attorney General, the second deputy Chief Justice and the second deputy Attorney General.
The President shall in a letter addressed to the speaker of the House of Representatives appoint a person by his/her own discretion to serve as secretary and spokes person of the executive council. The said person must be 21 years of age or older and of sound mind and good health. The Executive Council shall regulate the proceedings at its meetings.
The president is to perform all ceremonial duties of state. The president may however instruct his/her vice presidents to perform part or whole of such duties in which case the first vice president shall receive foreign envoys and dignitaries on behalf of government whereas the second vice president shall be in charge of commissioning projects and attending functions on behalf of government.
With regards to the passage of a bill, a bill shall be accented to by the president, chief Justice and Attorney General to become law. The President shall accent to a bill if it was duly supported by a majority of members in the House of Representatives, whereas the chief Justice shall accent to a bill if the bill when passed into law shall not be unconstitutional or inconsistent with another law in operation, the Attorney General shall accent to a bill where as the Bill unless issued under a state of emergency was duly drafted by the House of legislature. The executive council shall have 7 days to accent to a bill; a rejected bill may be reviewed and subsequently brought before the executive council for consideration on more than one occasion.
The president’s prerogative of mercy is subject to the approval of a quota of members of the House of Representatives. The president in his/her quest to issue a prerogative of mercy shall disclose such intensions to the Attorney General and Chief Justice. The Attorney General shall prepare a bill for this purpose which shall be put before the House of Representatives for consideration.
The President and vice Presidents while in office shall not be liable to any civil or criminal proceedings in court unless his/her office has been dully abrogated with the support of 2/3 of members of the House of Representatives through the passage of a vote of no confidence on the president or a vice president, for reasons of a breach in the terms and conditions of his/her of service and which shall be determined by the Supreme Court.
A former President can not be sentenced; to imprisonment with hard labour, a term in prison for more than ten years or to death by any court of law in Ghana for any crime committed.
The President in the capacity of Commanded in Chief of the Ghana armed forces shall appoint the chairperson of each governing council in the Ghana armed forces. All governing councils of the Ghana Armed forces shall be formed by the president in consultation with the House of legislature and each governing council shall address the daily administrative duties of a branch of the Ghana Armed forces which it supervises including protection of the territorial sovereignty of Ghana, preventing the invasion of Ghana by external forces, promotion of ranks, organisation of peace keeping and war missions, disciplinary measures and sanctions among others that the House of Legislature would accord it.
Individuals who wish to join the Ghana Armed forces must apply to the public service commission; however the Ghana Armed force would have its own entry requirements which eligible individual must pass to gain entry. The President in consultation with the House of Legislature shall also determine the membership and entry into the secret service of Ghana and agencies that deal with external intelligence. The State comrades Association shall have no jurisdiction in determining entry into the secret service of Ghana or agencies that deal with external intelligence.
A member of the Executive council is entitled to a term in office equivalent to those of the their respective houses unless such a member is dismissed for breaching the terms and conditions of service of his/her contract, which shall be determined by the supreme court of Ghana or is otherwise removed from office by way of resignation or due to incapacitation by way of serious illness or death unless stated otherwise herein. The secretary of the executive council who shall also be the spoke person of the council is entitled to renewable five year tenure in office.
All members of the Executive Council shall be entitled to such allowances and privileges as the house of legislature may prescribe for it subject to the approval of the House of Representatives and charged to the consolidated Fund
ADDITIONS, COMPLICATIONS AND RESOLUTIONS
1) ON THE HOUSE OF LEGISLATURE
· In choosing members to serve on the legislative council, where there is a tie among two members who have scored the highest votes, both members shall qualify to serve on the legislative council. Where a tie involves three or more persons the general rules for simultaneous selection shall be used to break the tie except that the highest score was a single vote.
· In choosing members to serve on the legislative council, where none of the twenty lawyers in the regional caucus attains the highest score (as they all voted for themselves or chose not to vote) the electoral commission shall conduct the let the ark decide procedure to determine which of its members shall serve on the legislative council.
· Two lawyers shall be appointed to each of the categories for entry into the house of legislature for barristers at law.
· Members by selection must meet the general entry requirements for the four arms of government to be appointed.
· Members by selection would perform full time duties of the House of Legislature and as such would not be permitted to hold any other public office.
· Members by status shall not be entitled to a sitting in the house of legislature or to part take in its deliberation or decision making unless by invitation by the legislative council.
· All members by status shall pay monthly dues to the House of legislature and this money shall be credited to the consolidated fund and determine by the legislative council with the approval of the House of Representatives.
· The House of legislature can be called to meet when on recess if it is agreed by not less than fifteen members on the legislative council.
· In the event that there is a/are vacancy/vacancies for one or more categories designated for a regional caucus, such positions shall remain vacant as long as no qualified personsare appointed irrespective of the number of appointed persons in the regional caucus or in other regional caucus’s.
· All lawyers must hail from a village, town or city in the region for which they have applied, to be eligible to represent that region in the House of legislature.
· In the event that members of the House of legislature are to take a vote on an issue, the legislative council shall decide whether the vote would be in the form of secret balloting or by a simple majority decision.
· A quorum in House of Legislature shall be two-thirds of all the members of House.
2) ON THE HOUSE OF REPRESENTATIVES
· A constituency election shall be contested by the first ten qualified applicants from each constituency.
· The Winner of a constituency election shall be issued with a certificate of clearance by the Electoral Commission that states that the said person contested a constituency election and duly won and is therefore declared member of the House of Representatives for that constituency.
· The Electoral Commission shall submit a copy of a certificate of clearance to the Public Service Commission
· A representative elect would be obliged to sign a contract that explains in clear details, the terms and conditions of his membership to the House of Representatives as well as the oath of a member of the House of Representatives
· A representative elect is to sign the contract and the oath of office within seven days after being declared representative elect.
· If there is strong evidence to prove that a representative elect is incapacitated and thus incapable of signing the contract and the oath of office. The deadline for signing the contract and oath of office shall be extended to a date determined by the Public Service Commissioner.
· If a representative elect refuses to sign a contract within the seven day period he/she shall be barred from participating in the activities of the House of Legislature unless he/she does so.
· A representative elect shall forfeit membership to the house of representative if such a member does not sign the contract before the members of the house take their oath of office.
· In choosing the 5 representatives to contest for a regional caucus to determine the selection of president, the general rules for simultaneous selection shall be used to break a tie.
· The Electoral Commission shall organise a by election or hold a contest as the case may determine, within twenty-one days when there is a vacancy in the House of Representatives.
· Only qualified persons who took part in a pervious constituency election would be permitted to contest in the by election. However the Electoral commission shall be required to increase this number if the number of qualified contestants for the election are no up to ten.
· The selection of president and vice president shall not be hindered in the event that less than five members or no member of the house qualify/qualifies in a regional caucus. As such only members who qualify and attain the requisite votes would contest.
· If the public service commission identifies that no member in the house of representatives would attain the age of forty years prior to the selection of regional speaker and president, it shall lower the qualifying age for members by a margin of five years and subsequently until it becomes possible for a member/s of the house to contest such positions.
· It would be possible for a member of the House to apply for the position of regional speaker and President at the same time. However such a member would resign from the position of regional speaker upon being selected as president or vice president.
· A regional speaker shall speak on behave of members from his/her region in the house of representatives during a debate of the house and may permit a member from his/her region to address the house on an issue being discussed if such an issue pertains to the constituency of the member or if such a member is better place than himself or herself to address the issue before hand
· A regional speaker shall represent the members from his/her region in the House of Representatives in the event that a representative of the region is required.
· A regional speaker shall address the needs of members of his/her region in the House of Representatives
3) ON THE HOUSE OF JUDICATURE
High court judges shall be promoted to represent their native region in the Supreme Court, where no former or current member of the Supreme Court is available for that region.
4) ON THE HOUSE OF CHECKS AND BALANCE
· Only members of the executive council with the exception of the secretary shall hold membership in two arms of government at the same time. No individual may hold membership in more than two arms of government.
· All businesses done between the house of legislature, House of judicature and House of Representatives shall be conducted by and between representatives of each respective House on the Executive Council.
MISCELLANEOUS
· Based on recommendation in a report by the Attorney General, the House of Representatives shall decide what line of action to take in the event that the Director General has not submitted the states comrades membership list to the to the executive council on the scheduled date for its submission.
· The Public Service Commission shall issue membership cards to members of all arms of government.
· The sitting arrangement of members in the House of Legislature and House of Representatives shall not be in regional groupings but randomized.
· The use of the term “has no serious criminal record” refers to an individual who has never being convicted on charges of High Treason, serious fraud, murder, lying under oath, rape or defilement by any competent court of law.
QUALIFICATIONS
GENERAL QUALIFICATION
A MEMBER OF ANY OF THE FOUR ARMS OF GOVERNMENT
· Must be a Ghanaian by birth, and should have attained the age of twenty-one years or more.
Must be of sound mind and of good health
Should have no serious criminal record
Must be a registered Ghanaian voter.
Should have lived in Ghana for a period of one year before his/her appointment.
Must be in possession of a degree of higher education preferably a master’s degree.
Must have a strong integrity.
Must be morally upright.
Should have paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.
ADDITIONAL QUALIFICATIONS
A MEMBER OF THE HOUSE OF LEGISLATURE
QUALIFICATION FOR LAWYERS
· Should be a native of a region to which he/she applies and should have practised as a barrister at law in that region for at least two years. This does not have to be uninterrupted.
· Should have at least fifteen years experience as a barrister at law. This does not have to be uninterrupted.
A MEMBER OF THE HOUSE OF JUDICATURE
QUALIFICATION FOR SUPREME COURT JUSTICES
· Should be a native of a region to which he/she applies and should have practiced as a judge in that region for at least two years. This does not have to be uninterrupted.
· Should have served as a Judge in a high court or/and Supreme Court for not less than fifteen years. This does not have to be uninterrupted.
· Should have passed at lest five hundred successful judgments while serving in the capacity of a judge during his/her life time.
A MEMBER OF THE HOUSE OF REPRESENTATIVES
QUALIFICATIONS FOR SPEAKER
· Should have served as a judge in the high court or/and Supreme Court for not less than ten years. This does not have to be uninterrupted.
· Should have passed at lest five hundred successful judgments while serving in the capacity of a judge during his/her life time.
· Should have served as a judge in at least seven out of the ten regions in Ghana.
QUALIFICATIONS FOR CLECK OF PARLIAMENT
· Should have served in the capacity of a clerk in a court of law in Ghana for not less than seven years.
QUALIFICATIONS FOR REPRESENTATIVES
· He is resident in the constituency for which he stands as a candidate for election to the House of Representatives or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he stands or he hails from that constituency.
QUALIFICATION FOR REGIONAL SPEAKER
· Should be at least forty years old
QUALIFICATIONS FOR EMPLOYEES OF THE REPRESENTATIVES OFFICE for CONSIDERATION AND EDUCATION
· Should be of sound mind and good health.
· Has no serious criminal record.
· Should be resident in the constituency and should have been resident in that constituency for more than five years regardless of whether or not such a person is a native of a village, town or city in the constituency. (Thus an employee does not necessarily have to be a Ghanaian or African as the focus is on the wellbeing of all people residing in the constituency).
· Should have Good public relations capabilities
PART THREE:
THE UNITED STATES OF AFRICA?
The initial Idea to write out this theory came to me after a lesson on separation of powers and checks and Balance while I was still in secondary school. After the lesson I felt that a minority in parliament could not contribute their quota in any meaningful way to national development if the majority in Parliament was opposed to the minorities view and would not vote in favour of it or otherwise vote against it. While on the other hand the majority could pass any bill into law without the consideration of the minority if such a majority was substantive for the passage of the bill into law. I thus began to question the significance of a minority in parliament.
Thus the initial idea behind the writing this theory was not to foster African Unity as is seen today but instead to address ways in which the minority in parliament would be able to contribute their quota meaningfully to national development even though the majority in parliament might not be in favour of such initiatives. In my quest to resolve this problem, I gradually begun studying the 1992 republican constitution of Ghana.
Another reason for my choice to write out this theory at the time was due to the notion that a political party in power exerts so much influence in the administration of a country even though its membership accounts for a minority as compared to the General Population. Members of apolitical party in power, its sympathizes and affiliates are the ones that became front runners or the only runners in the administration of a country as they make up a large proportion of the public sector whereas members of other political parties, their sympathizes and affiliates as well as persons with no political affiliation are most often than not left out. This creates a constant desire for political power through fair or foul means including corruption and electoral malpractices and paints the picture that one must belong to or support a political party in order to be successful in life, which should not be the case at all.
Due to problems I was facing at the time and afterward this theory after subconsciously taking root in my mind had to be abandoned for the better part of five years after having been likely conceived on the 18th of February, 2004. I was inspired by the length of its dormancy to complete the theory once and for all, the result of which is this document.
THE COMBINATION EFFECT
The combination effect is an aspect of the Neo Democratic theory which suggest that an African Continental government can be formed and steadily expanded if two or more countries adopt the “African Neo Democracy”
AN AFRICAN UNION ASSIGNMENT
Phase one;
The African Union in an effort to establish an African Government must undertake the following measures to enable the easy creation of a posterity continental government for Africa.
1) To draft a constitution for Africa with the main focus on the protection of inalienable rights and freedoms of Human Beings. Each African state shall have its own constitution and enjoy a degree of autonomy in its interpretation. Whereas through consensus the African constitution would be gradually expanded.
2) To design a National flag to be used by all African states. The African Flag shall be the only recognised national flag for Africa and as such no state shall have its own national flag. The African flag should not contain any religious or political elements.
3) To compose a National Anthem and National pledge for Africa. No African state shall adopt or use a state anthem and state pledge besides the national anthem and national pledge. The National anthem and National pledge must not contain any religious or political elements.
4) To design a national monitory currency suitable for all African states. No African state would be permitted to adopt or use a monitory currency other than the national monitory currency. The National monitory currency must have no political or religious elements.
5) To determine a National capital city for Africa. The administration of the central government shall be conducted from the national capital city and as such would consist of building to that effect. Among them, the central bank and presidential residence.
Phase two;
Any member state/s that completes the under listed objective must lend its help to other states in order to enable them accomplish the objective as well. Help can be in the form of manpower, materials, money or a combination of some or all of these factors.
1) Each African country would be mandated to put up building to serve as offices and residences for the state comrade association in each of its region or province. In doing this each country is to enlist the help of its citizens who would agree to offer their services free of charge for the construction of such buildings. Forced labour unless from persons serving a sentence by a court of law shall not be used for this purpose and is to be avoided. As an incentive persons who offer their service should be provided with free food and drink. Each government is to use the state media to motivate and encourage its citizens and people resident in the country to offer the genuine help to the project.
2) Each African State shall be mandated to build or otherwise allocate building that would adequately serve as the House of Legislature, House of Representatives, House of Judicature and House of Checks and Balance respectively.
3) Each state shall on the completion of its task or while performing these tasks, simultaneously participate or contribute towards the construction of required infrastructure for the national capital city.
Phase three;
1) Each member of the African union shall be mandated to carry out an extensive education of the African Neo Democracy to all people living within its territory for a stipulated amount of time. This could be achieved through the print and electronic media.
2) The African union shall set a date and mandate its members to conduct a referendum for its citizens to determine whether or not they prefer the African Neo Democracy. Persons aged twenty-one years and above would qualify to vote. In the event that over seventy Percent of cast votes are in favour of the adoption of the African Neo Democracy and where the said seventy percent of voters represents not less than seventy percent of registered voters, the country in which the referendum was held would be duly recognised as having accepted the new form of government.
Getting started
· All countries that adopt the African Neo Democracy would be referred to as states and the phrase, “the state of” shall precede its current name as an official name. The states that exist in African would be referred to as regions or provinces upon the adoption of the system by the country.
· At the end of the referendum all African countries that opted for the new form of government would redraw their membership from all inter regional and international organisation.
· Immigrations institutions in such states would begin a change of the passports and every hitherto citizen of a country that adopts the system would have “African” as a new national identity.
· Each state or country as the case may be shall appoint willing and competent persons to certain National offices regardless of the out come of a referendum in a country. Five hundred persons to the National public service commission, Five hundred persons to the National Investigations commission, two persons to the National Electoral Commission, five persons to the National House of Legislature, one persons to the National Court, five persons to the National investigations authority, five persons to the National security authority, three persons to the National bank and one person to the National military council.
· The National Electoral Commission shall use the let the ark decide procedure to appoint the Chief Justice for the National Court
· All Heads of state and vice presidents in countries that adopt the African Neo Democracy shall meet in the National House of Checks and Balance to choose the president and vice presidents for Africa through the Aid of the National Electoral Commission. The Selection of President and vice presidents shall be through the let the ark decide procedure only, and conducted separately to for presidents to determine the president and then for vice presidents to determine the first and second vice presidents.
· The Chief Justice shall swear in the newly appointed President and vice presidents.
· The title President, Head of State or Your Excellency shall be used in reference to the president of Africa. The heads of states or presidents of hitherto countries would be referred to as Governor and as such would not be addressed using the aforementioned titles. However to accord the Heads of States or Presidents of hitherto countries that adopt the system, their due respect,after the adoption of the system in a country the Heads of State or President would be permitted to end their tenure of office with their titles while the change is effected on the incoming governor of the state.
· After the swearing in of the President and vice presidents of Africa. The government of Africa shall apply for membership to any regional, inter regional or international organisation of interest with the exception of those formed as a result of colonialism.
· After the swearing in of the President and vice presidents of Africa, the national anthem, flag and pledge would be adopted by each state.
· The National bank shall issue the new African currency to all states of Africa to be used for trade and commence within Africa and between Africa and other countries.
CREATING A NATIONAL IDENTITY
The government of Africa shall adopt a national policy on the National Identity of Africa. This policy would be aimed at making known to all countries and peoples of the world what Africa is and is not.
· Africa was formed in solidarity with an aim to promote the development, prosperity and preservation of Africa, Africans and African values and as far as possible to live in peace with other nations of the world.
· If asked for its assistance the government of Africa would support the international community; in identifying global concerns, in effectively resolving such concerns and putting in place structures and programmes that prevent the re occurrence of such concerns in posterity.
· The Government of Africa shall showcase Africa as a country of united people of diverse and immense culture, wealth and potential.
· The Government of Africa shall showcase Africa as a country that recognises and protects inalienable rights of Human Beings.
· To showcase Africa as a country with no state religion.
ESTABLISHING AN AFRICAN HIGH COMMAND
The National military council shall be set up to integrate the armed forces of all hitherto countries that adopt the African Neo Democracy. The National Electoral Commission shall supervise the appointment of three persons on the council to the position of chairman and first and second deputy chairman through the let the ark decide procedure respectively.
For the purpose of integrating the armed forces of member states, sixty percent of members of the armed forces of each state shall be transferred to join a respective division of the National armed forces be it in the air force, Navy or army.
The governing council of a division in the armed forces of a state shall delegate one person from the council to serve on the national governing council for that division in question. The president of Africa shall serve as the commander in Chief of the African armed forces. However at least 2/3 of member states should be in favour of a declaration of war, marshal law or the use of military force inside and/or outside the territory of Africa as the case may be, before such a decision would be taken, in this regard the governors of each member state would take a vote on the issue.
THE EXECUTIVE STRUCTURE AND POLICY FORMULATION
Each member state shall draft, pass and implement its own policies. The National House of legislature would exist only to harmonize the policies of all states which if accepted would be entrenched into the national constitution and serve as national law. The National House of Legislature can not impose any policy on a member state as such its duty is to study the similarities and differences between policies that are implement by each member state and propose a common policy to be adopted by each state. Such policies would only be adopted if supported by not less than a 2/3 majority of the members of the House of Representatives of a member state. Where 2/3 majority of member states accept a policy, it shall automatically become a national policy and national law.
There shall be a National House of Checks and Balance similar to that in each state with regards to structure and function.
There shall be no National House of representatives similar to that in each member state. The term National House of representatives shall only be used to address a gathering of all Governors of member states for the selection of the President and vice presidents of Africa or for a vote to determine the use of military force.
There shall be a National House of Judicature which shall be similar to the one in each state with regards to structure and function. However the Nation House of Judicature shall serve as the supreme court in Africa and as such the final court of appeal.
Each state shall appoint five persons to the National House of Legislature to serve a five year term.The House of legislature shall also formulate foreign policy, and make sure that laws and policies not to contravene national laws or laws that regulate the membership of Africa to an external organisation.
ADDITIONS, COMPLICATIONS AND RESOLUTIONS
· The National House of Legislature shall draft the national foreign policy for Africa taking into consideration the foreign policy of each member state.
· State owned enterprises, institutions or property, may as the case may be,adopt, use or have a logo or emblems that portray religious or political elements
· A referendum to determine the adoptable of the Neo Democracy would be held by all members of the African Union on the same day so as to prevent people from voting on undue influence. The referendum would be conducted by the electoral commission of each country.
· The National public service commission shall appoint personnel to all State comrade offices.
· The National Investigations commission shall determine the eligibility for an applicant to be appointed into the state comrades Association.
· The National Electoral Commission shall supervise the conduct of all National contests.
· The National House of Legislature shall exist to harmonise the policies implemented in each member state that are based on similar concerns as well as propose the adoption of a single policy by each state through consensus.
· The National Court shall perform similar duties as a state Supreme Court but on a national scale.
· The National Investigations Authority shall have jurisdiction to investigate and resolve inter-state criminal activities involving citizens of Africa and/or citizens of other countries operating in Africa.
· The National Security Authority shall have jurisdiction to investigate and resolve all matters that are likely to taut peace in more that one state or that otherwise posses a danger to more than state,
· The National Bank shall perform similar duties as a state central bank but on a national scale.
· The military council in dealing with out of boarder conflicts that involves Africa is to make sure that war is the last alternative.
· All Governors,Presidents or Vice Presidents as the case may determine would be mandated to part take in person during the selection of president and vice president for Africa respectively.
· The establishment of a continental government would be possible if three or more countries agree to accept the African Neo Democracy regardless of their individual geographical location on the African Continent.
· The National Public service Commission would provide free postal service to applicants that apply to the commission.
· In other to shorten the length of time that the citizens of Africa would require to adapt to the change of citizenship and national identity, the Public Service Commission in each state shall appoint five percent of citizens from other states that are resident in that state in question into the public service of the state. This would however not to apply to high and very high public offices in the State.
· The thirty-one day transitional period to establish the frame work for the change in the system of governance for a country would occur only once.
· After the adoption of the Neo Democracy in a country, members in the public service that country would not be liable to apply to the Public service commission to keep their jobs, however they may be changed with the passage of time.
· Each state would be free to observe its own holidays. There shall be holidays for the entire nation as well.
· Each state shall have a language or a set of languages that it would use in its administration; however the official national language shall be English.
· Requirements for entry into the State Comrades Association shall differ from one country to the other, with regards to chieftaincy institutions, language and religion.
· All countries that have a state religion would not be permitted to join the continental government.
· Where the central government is located in a particular state, it would be completely independent of the state in question.
· There might be a national monopoly on goods and/or services but no state monopoly.
· Each state shall pay ten percent of its annual revenue to the National Consolidated fund. Monies form this fund would be used to pay the employees in national offices as well us to facilitate the uniform development of all states.
· There would be free movement of goods and service between member states.
· Each citizen is free to reside in any member state and is also liable of being prosecuted in the state for violating the laws in that state regards of whether or not they are state laws or National laws
· All Members or employees of National institutions would be sworn into office by the president of Africa.
REFERENCE: Republican Constitution of Ghana, 1992.
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