Notice of Court Action to Births and Deaths Registry

Notice of Court Action to Births and Deaths Registry

January 26, 2018

 

The Attorney-General & Minister for Justice

Ministry of Justice and Attorney-General’s Department

Accra

 

Dear Madam,

REFUSAL TO REGISTER NAMES AT THE BIRTHS AND DEATHS REGISTRY – NOTICE OF ACTION

Our attention has been drawn to the implementation of an alleged policy by the Registrars of the Birth and Death Registry that refuses to register the birth of children whose names include names such as “Maame,” “Pappa,” “Nana,” “Naa,” “Junior,” “Nene,” “Nii” and “Ohemaa” as well as determine the order in which names must be written, giving prominence to foreign names over indigeneous Ghanaian names. The Registrars claim that they are empowered to do this on the basis of the Registration of Birth and Death Act, 1965 (Act 301).

We have however checked that Act and all relevant laws including the Regulations passed under the Act. We have not seen any provision that either supports this policy or gives the Registrars of Births and Deaths any power to refuse to register any name. We believe that this stance is a gross violation of the rights of Ghanaians to choose names (particularly Ghanaian names) as they deem fit for their children, subject to the right to change one’s name at any time later in life.

We therefore write to put you on notice, in accordance with section 10 of the State Proceedings Act, 1998 (Act 555), that we intend to commence civil action against the Republic within thirty (30) days of the date of this letter if this illegality is not addressed forthwith.

We however believe that this cause of action will not be necessary if all Registrars of the Births and Deaths Registry will be directed to desist from these acts and stop refusing to register such names as they have no basis in law.

Yours faithfully,

OccupyGhana®

cc

The Honourable Minister

Ministry of Local Government

Accra.

 

The Registrar

Birth and Deaths Registry

Accra

OCCUPYGHANA® PETITIONS ATTORNEY-GENERAL OVER CHARGES LAID AGAINST 5 CHINESE GALAMSEY OPERATORS

OCCUPYGHANA® PETITIONS ATTORNEY-GENERAL OVER CHARGES LAID AGAINST 5 CHINESE GALAMSEY OPERATORS

16th May, 2017

OCCUPYGHANA® PRESS STATEMENT

OCCUPYGHANA® PETITIONS ATTORNEY-GENERAL OVER CHARGES LAID AND FILED IN THE CASE OF REPUBLIC V. EN HUANG & 4 OTHERS (CASE NO. CR 344/2017)

OccupyGhana® has seen a copy of what purports to be the Charge Sheet in the case of Republic v. En Huang & 4 Others (Case No. CR 344/2017) and dated 8th May 2017, and a copy is attached for ease of reference.

We note that under the Statements of Offence, the accused persons are charged with the offences of (i) Illegal Employment of Foreign Nationals (in breach of section 24 of the Immigration Act and regulation 18 of the Immigration Regulations), and (ii) Disobedience of Directive Given (in breach of section 52 of the Immigration Act.)

However, under the Particulars of Offence, we are told that the First Accused Person had employed the other Accused Persons “to work illegally at a small-scale mining site,” and that all the accused persons, being holders of visitors’ visas had also disobeyed the condition that required them “not to engage in any employment in Ghana.”

We are deeply concerned that the immigration offences laid and filed against the Accused Persons do not match the severity of the act of employing or being employed “illegally at a small-scale mining site.” It is true that a person commits an offence if he/she “disobeys or disregards an obligation imposed or directive given by or under [the Immigration] Act.” But the punishment for this offence is a maximum fine of Twelve Thousand Ghana Cedis (GH¢12,000) and/or a maximum prison term of two (2) years, under section 52 of the Immigration Act. And, unless the law has been changed, regulation 18 of the Immigration Regulations provides that an individual who employs a foreigner in breach of section 24 of the Immigration Act attracts a penalty of only Five Hundred Ghana Cedis (GH¢500) payable to the Immigration Service. It is only upon failure to pay that measly penalty that the person may be taken to court, not for employing a foreigner illegally, but for failure to pay the measly 500 Cedi and upon conviction pay a fine of Four Thousand and Two Hundred Ghana (GH¢4,200) Cedis.

However, from our research, foreigners are absolutely prohibited from engaging in small-scale mining in Ghana. It is therefore an offence under section 99 of the Minerals and Mining Act for foreigners to engage in small scale-mining, and offenders attract a fine between GH¢360,000 and GH¢3.6M, and/or a maximum jail term of 20 years. Further, the equipment used in or associated with the offence and any product derived are to be seized, and are liable to forfeiture by a court order and then allocated to “the appropriate state institution” within 60 days by the Minister responsible for mining.

That is why we are concerned that if these Accused Persons employed others or were employed “to work illegally at a small-scale mining site,” then the immigration charges that have been laid and filed are really minor as compared to what the law provides for in the Minerals and Mining Act.

We therefore Petition your office to call for the docket on this matter, investigate the charges laid and filed, and if found necessary, for fresh, proper, weightier and more relevant charges to be filed or added.

The fight against illegal mining in Ghana is a fight to protect, not only the present, but the future of this country. It is therefore imperative that the law must be applied to all who fall foul of it, without fear or favour.

Yours in the service of God and Country,

OccupyGhana®

Open Letter To Samuel Okudzeto-Ablakwa (HON. MP)

Open Letter To Samuel Okudzeto-Ablakwa (HON. MP)

The story is told of The Lord Christ heeding the plea of 10 lepers who asked him to “have pity on us.” He gave them a simple task: “go and show yourselves to the priest.” They were healed before they had made the full journey. One, only one of them, and a foreigner, returned to thank the Lord Christ. The Lord is said to have asked what happened to the other nine.

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