DECLARE ASSETS (P.1) 19-01-09

Story: Kofi Yeboah
THE Auditor-General is to submit asset declaration forms to the Chief of Staff today for completion by the President, the Vice-President and cabinet ministers to be appointed by the President.
Other public office holders whom the Auditor-General has targeted for the declaration of assets are the Speaker of Parliament, Members of Parliament (MPs), officials of Parliament, incoming regional ministers, metropolitan, municipal and district chief executives (MMDCEs) and senior civil and public servants.
The Auditor-General, Mr Edward Dua Agyeman, who made this known to the Daily Graphic at the weekend, said the initiative formed part of measures to streamline the administration of asset declaration forms to ensure that all public officials complied with the law.
He indicated that about 20,000 forms had been printed for distribution to all public office holders from the Castle, the Golden Jubilee House, down to the regions and districts.
The move comes at a time when President John Atta Mills is in deep thought concerning the compilation of a list of his cabinet and other officials to fill various positions in public office.
The Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550), requires public office holders to submit a written declaration of the assets they own, directly or indirectly, to the Auditor-General before taking office, at the end of every four years and at the end of their terms of office.
Properties required to be declared under the act include land, houses, buildings, farms, concessions, vehicles, plant and machinery, fishing boats, trawlers, generating plants and trust of family property in respect of which the officer has beneficial interest.
Others are business interests, securities and bank balances, bonds and treasury bills, life and other insurance policies, jewellery and art objects of the value of GH¢500 and above.
According to Mr Agyeman, the attitude of public officials towards declaring their assets had been very “lackadaisical” ever since the act came into force.
He, however, commended the immediate past President, Mr J.A. Kufuor, for discharging that legal obligation with diligence, pointing out that the former President filled the asset declaration form within one week of assuming office in 2001 and in 2005 when his mandate was renewed.
Mr Agyeman said even after leaving office, Mr Kufuor had requested for the form to complete, as the law required, adding that he (Auditor-General) personally obliged the former President’s request last Thursday.
The lackadaisical attitude of public officials towards declaring their assets is attributed to the fact that many of them lack knowledge of the law, do not know where to access the forms or do not know how to complete the forms.
It is to address some of these challenges and ensure maximum compliance that the Auditor-General, in collaboration with the Head of the Civil Service and the Chairman of the Public Services Commission, has taken steps to review the administration of asset declaration forms.
The review process involves the adoption of a proactive approach whereby the asset declaration forms will be taken to the public officials and the intensification of awareness creation to encourage obligation to the law.
Previously, irrespective of where newly appointed public officials lived in the country, they had to go to the Auditor-General’s office in Accra to pick and submit their asset declaration forms.
But under the new regime, such public officials can pick and submit their forms at the regional offices of the Audit Service.
Mr Agyeman said as part of the collaboration with the Head of the Civil Service and the Chairman of the Public Services Commission, prospective public officials would be required to complete their forms as part of the criteria for appointment.
To ensure effective administration of the forms, regional auditors were taken through a refresher course in Accra last Friday to update their knowledge of the process.
The current assets declaration regime has come under intense criticism for certain inadequacies, prompting calls for a review of the law to make it more effective.
One aspect of the law that has been criticised is that the assets declared by public officials are kept under seal by the Auditor-General as custodian and the only time the seal can be broken is when a court of competent jurisdiction so orders in connection with the trial of a public official.
Apart from that, although public officials who fail to declare their assets commit an offence under the act, there are no sanctions prescribed for the violation. Under such circumstances, the law only directs the Auditor-General to notify the Commission on Human Rights and Administrative Justice (CHRAJ) of the deviants.
Critics of the law have, therefore, suggested a review of the regime that will empower the Auditor-General to open the seal of assets declared, ensure that the assets declared are published in the media and gazette the assets declared.
Mr Agyeman expressed the hope that a review of the law would help address some of those issues.