Hybrid Parliamentary system not beneficial to our Democracy-Justice Dotse

Retired Supreme Court Justice Jones Dotse has voiced concerns about Ghana’s current hybrid parliamentary system, which allows members of Parliament to hold positions in both the Executive and Legislative branches simultaneously. 

He argues that this structure hampers democracy and good governance in the country. Justice Dotse advocates for Ghana to adopt either a purely presidential system, where the President appoints ministers from outside Parliament, or a parliamentary system, where all ministers are drawn from Parliament.

He explained that the hybrid model leads to inefficiencies, such as ministers being unavailable in Parliament when needed. 

Justice Dotse suggested that if all ministers were also MPs, they would be more accountable and present. Additionally, he emphasized that in a system where all ministers are appointed from outside Parliament, as is done in the United States, there would be better legislative oversight over the Executive.

During a stakeholder consultation in Accra to review the preliminary report of the Constitutional Review Consultative Committee (CRCC), Justice Dotse pointed out the challenges posed by Article 78(1) of the Constitution, which mandates that the majority of ministers be appointed from Parliament. He reiterated that this hybrid system does not work effectively in Ghana's context.

The consultation, attended by representatives from various sectors including government, civil society, and the judiciary, aims to validate the CRCC’s report, build consensus, and foster national ownership of the constitutional review process. 

The outcomes will form the basis for further discussions on whether to amend the 1992 Constitution or undertake a comprehensive review.

Justice Dotse also raised concerns about the overwhelming number of cases faced by Supreme Court judges, suggesting that the court’s jurisdiction be limited. He proposed that civil and criminal appeals could be concluded at the Court of Appeal, leaving the Supreme Court to focus on constitutional and other critical cases. This, he said, would reduce the heavy workload on justices and improve their health and well-being.

Minister of Parliamentary Affairs Osei Kyei-Mensah-Bonsu, speaking at the same event, highlighted the ministry's ongoing efforts over the past six years to engage the public on the use and effectiveness of the 1992 Constitution. 

He acknowledged that while Ghana has made progress since the establishment of the Fourth Republic, there is broad agreement that the full benefits of democracy are not being realized by the people.