Responding to Daniel Yaw Domelevo, the Auditor-General, following his public chronicle to the same on matters relating to his mandatory leave directive, the office of the President, Nana Addo Dankwa Akufo-Addo, has released a statement.
In a statement dated 03, July 2020 and addressed to the Presidency, Mr. Domelevo, said, tenets of the country’s law flaw the President’s directive to him, to take a mandatory 132-day leave.
Mr. Domelevo suggested that the directive was made out of bad faith and was resultant of his work which was ‘embarrassing government’.
However, the presidency has released a rejoinder that seeks to deny same, attributing Mr. Domelevo’s response to ignorance of the laws related to the subject.
“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 Labout 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.
“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.