The office of the President, Nana Addo Dankwa Akufo-Addo, has responded to Auditor-General, Daniel Yaw Domelevo, following his public chronicle to the same on matters relating to his mandatory leave directive.
Mr Domelevo, in a statement dated 03, July 2020 and addressed to the Presidency said, tenets of the country’s law flaw the President’s directive to him, to take a mandatory 132-day leave.
He suggested that the directive was made out of bad faith and was resultant of his work which was ‘embarrassing government’.
Rejoinder from Presidency
A rejoinder from the presidency, however, seeks to deny same, attributing Mr Domelevo’s response to the ignorance of the laws related to the subject.
Meanwhile, the Office of the President has extended the leave period of the Auditor-General, Daniel Domelevo from 123 days to 167 effective July 1, 2020.
“The assertion that the decision for you to take your accumulated annual leave was not taken in good faith is also unfortunate and without any foundation. The Office of the President did not know that as part of your duties is to keep a record of appointees of the President who have not taken their annual leave since 2017, such that you can make the false claim of selectivity. You can be assured that the decision for you to take your accumulated annual leave was not taken in bad faith. Rather, your own publicization of your deteriorated relationship with your Board which notified you severally of not taking your annual leave, the President was the only person vested with the constitutional power to direct you to proceed on your accumulated annual leave,” parts of the statement read.
They maintained that “the directive of the President stands” with an amendment to 167 instead of the initial 123 days since he added 2020 as part of the leave, in his response to the President.
“If, however you have decided to include your annual leave off for the year 2020, then it is expected that you will resume work after a well-deserved leave of 167 working days, with effect from 1st July 2020,” the Presidency explained.
Meanwhile, the Office of the President has reiterated its directive for the Auditor-General (A-G) to proceed on his annual leave or risk being subjected to what it described as ‘disciplinary control’ to ensure adherence, adding that the move was backed by the law.
“Per article 297(a) of the Constitution, that power to appoint includes the power to “exercise disciplinary control over persons holding or acting in any such office.”
“Thus, to the extent that you fail to comply with a basic term of your appointment such as taking annual leave, The President has the power to exercise disciplinary action over you to ensure that you comply with the terms of your appointment.”
“The President has at all times acted based on sound legal principles, the rule of law and good governance practices and the good people of Ghana cannot be misled by your lack of understanding of the position of the law, for which you may be forgiven since you are not a lawyer.”
In a statement signed by Nana Bediatuo Asante, Secretary to the President, and dated 3rd July 2020, also citing the Labour Act 2003, Section 31 specifically, they noted that Mr Domelevo could not forgo his annual leave and any agreement to relinquish his entitlement to annual leave or ‘to forgo the leave is void’.
They further noted, that per the holdings country’s courts, and the interpretation of the said Act, the ‘annual leave is mandatory and that one of the purposes of Section 31 is to prevent the worker from converting his accumulated annual leave to cash to the detriment of his health and wellbeing.’
“Thus, your assertion that you may waive your entitlement to annual leave is unlawful and misconceived,” parts of the statement read.
The statement described components of the A-G’s letter as ‘unfortunate’, considering his position, whilst establishing the reasoning behind the President’s directive.
Daniel Domelevo was sworn into office as Auditor-General on December 30, 2016.
Read the full statement from the Presidency below: