The Public Accounts Committee (PAC) of Parliament has expressed strong reservations on the case of an officer of the National Sports Authority (NSA) who has been on interdiction since 2018.
The victim, Joshua Mensah, Deputy Ashanti Regional Sports Director, was interdicted following the Anas No.12 exposé.
He has been on half salary since his interdiction and has been under investigation for the past three years.
According to the 2020 Auditor General’s report, the delay in concluding investigation on the matter has caused the state some lose in the sum of GH¢35,173.00.
The Committee expressed displeasure at the length of time it is taking to conclude the investigation and stressed a final determination should be made for Joshua Mensah to know his fate; and be reinstated if found innocent or dismissed if found guilty.
The fate of the gentle, according to the Committee, should have been determined six months after he was interdicted and stressed this is unfair, especially if the investigation exonerates him.
The matter, which is captured in the 2020 Auditor General’s Report, is the subject of discussion when the NSA and its mother Ministry, the Ministry for Youth and Sports took its turn at the Committee’s public sitting on Tuesday January 17.
According to the A-G’s report, the prolonged interdiction of Joshua Mensah has resulted in avoidable loss of GH¢35,173.00.
Section 8 of Labour Regulations, 2007 stipulates that where an employer interdicts an employee, the employer shall pay not less than fifty percent of the employee’s salary for six months, during investigations, disciplinary or criminal proceedings for an offence for which an employee has been charged, and pay the employee the salaries withheld during the interdiction if the employee is exonerated from the offence for which the employee has been charged.
The Report indicated that contrary to the provision, the Regional Sports Director had been on interdiction since June 2018 and no decision had been taken on his case and had been paid a total of GH¢43,157.00 whilst on interdiction as at December 2020.
The Auditor General stressed that if the case had been dealt with within the stipulated six months and found guilty of the offence, he would have been paid half salary totalling GH¢7,984.00, and the State would have made a savings of GH¢35,173.00.
Director General at the NSA, Prof. Peter Twumasi who responded to questions on the matter indicated the Authority has written severally to the police for the conclusion of its investigation but was told to direct the query to the presidency, which commissioned the investigation.
The Authority, he said, has not been able to take a definite action without a report of the investigation and stressed the NSA Board has also advised management to wait for formal report and directive from the presidency.
Member of the Committee and MP for North Dayi, Mr. Rockson-Nelson Dafeamekpor, expressed reservation at how the NSA is handling the matter and linking the internal determination to the police investigation.
He averred that if the NSA is pursuing a criminal matter against Joshua Mensah it does not detract from handling internal disciplinary inquiry.
He said, “That is to determine his status whether he remains in your employment or not. He can be in you employ and still go through criminal prosecution if you determine he deserves to be in your employment.”
“You can also make a determination and terminate him; whether it is fair or not fair that termination can happen while you still pursue the criminal prosecution.”
“So by any means necessary, lawfully, you must exercise the internal mechanisms under the labour law to determine his fate because given his circumstance now and pursuant to the labour law, he is entitled to only 50% of his salary,” he added.
Hon. Dafeamekpor urged auditors not to flag the matter later in the year and directed Professor Twumasi to deal expeditiously with the matter as head of the NSA.
Chairman of the Committee, the Hon. James Klutse Avedzi noted the matter has been prolonged too much while nothing is being done and called on the Labour Commission to expedite action on the case for an early determination.
