CLOGSAG’s Overreach? Examining the Legality of the Nationwide Strike

By Stephen Apolima

Accra, Ghana – February 19, 2025
The Civil and Local Government Staff Association of Ghana (CLOGSAG) has declared a nationwide strike set to begin on Thursday, February 20, 2025, citing grievances over the appointment of the Registrar of Births and Deaths. While CLOGSAG argues that the position should be free from political influence, their stance raises significant legal and constitutional questions. This article opposes CLOGSAG’s position, emphasizing the constitutional authority of the President to make such appointments and the potential overreach of the association’s demands.

Constitutional and Legal Framework

The Registration of Births and Deaths Act, 2020 (Act 1027), Section 2(2), explicitly states that the President shall appoint the Registrar of Births and Deaths in accordance with Article 195 of the 1992 Constitution. Article 195(1) grants the President the power to appoint individuals to public service positions, acting on the advice of the relevant governing council and in consultation with the Public Services Commission. This constitutional provision clearly vests the authority for such appointments in the President, not in civil service associations like CLOGSAG.

Institutional Alignment

Section 8(1)(a) of Act 1027 designates district offices of the Births and Deaths Registry as departments within the District Assemblies, which are integral to the Local Government Service. This legal framework underscores that the Registry operates within the local government structure, where the President’s appointment powers are constitutionally mandated. CLOGSAG’s insistence on Civil Service protocols for this role may not align with the specific legal provisions governing the Registry.

CLOGSAG’s Overreach

CLOGSAG’s argument that the Registrar of Births and Deaths should be a politically neutral Civil Service role, while noble in intent, may not be supported by the current legal framework. The association references a Supreme Court ruling that Civil Servants should not owe their positions to partisan activities. However, this ruling does not negate the President’s constitutional authority to make appointments. The President’s role includes ensuring that competent individuals are placed in key positions, regardless of their political affiliations, provided they meet the necessary qualifications and standards.

Competence Over Politics

If the appointed Registrar is competent and capable of performing the duties effectively, CLOGSAG’s opposition based solely on political neutrality may be misplaced. The primary concern should be the individual’s ability to fulfill the role’s responsibilities, not their political background. The President’s constitutional mandate includes the discretion to appoint individuals who can best serve the public interest, and this discretion should be respected.

Legal Precedents and Practical Implications

CLOGSAG’s legal challenges and industrial actions could set a problematic precedent, undermining the constitutional authority of the President and creating unnecessary disruptions in public services. The strike, if it proceeds, could significantly impact the registration of births and deaths, causing inconvenience and potential harm to citizens relying on these essential services.

Conclusion

While CLOGSAG’s commitment to maintaining the neutrality of the Civil Service is commendable, their current stance appears to conflict with the constitutional and legal frameworks governing public appointments. The President’s authority to appoint the Registrar of Births and Deaths is clearly defined in the Constitution and Act 1027. The focus should be on ensuring that appointees are competent and capable, rather than opposing appointments based on political considerations.

It is crucial for CLOGSAG to engage in constructive dialogue with the government to address their concerns without resorting to industrial actions that could disrupt public services. Upholding the rule of law and respecting constitutional mandates should be the guiding principles in resolving this conflict.

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