The Supreme Court of Ghana has struck out section 13(2)(h) (i) and (ii)of the Companies Act 2019(Act 992).
The ruling which was done on November 8, 2023, said those sections were inconsistent with Article 19(2)(c) of the 1992 constitution.
According to dennislaw.com, this was the judgment in a constitutional matter filed by a lawyer, Derick Adu-Gyamfi, who prayed to the apex court to inter alia delete, expunge or strike out subsections of the Companies Act, 2019 (Act 992).
The applicant said those subsections; 2(h)(I), 2(h)(ii), 2(a)(i), I(c), etc of Sections 13, 172, and 177 of the Act, are unconstitutional and violate the principle of fair hearing among others.
The sections of the Companies Act that have now been deleted said a person proposed to be a director of a company must not have been charged with a criminal offense.
In legal terms “a proposed director on an application for incorporation to deliver to the Registrar a statutory declaration indicating that within the preceding five years, he or she has not been charged with a criminal offense involving fraud or dishonestly.”
The second part “required a proposed director on an application for incorporation to deliver to the Registrar a statutory declaration indicating that within the preceding five years, that proposed director has not been charged with a criminal offense relating to the promotion, incorporation, or management of a company.”
Meanwhile, article 19(2) (c) of the constitution states that; A person charged with a criminal offense shall be presumed to be innocent until he is proven or has pleaded guilty.
The Supreme Court, therefore, in its wisdom granted the lawyer’s first two reliefs thus striking out sections 13(h((I) and (ii) of the Act as being in contravention of Article 19(2)(c ) of the constitution.
“As such, the applicant per a writ dated March 25, 2022, invoked the original jurisdiction of the apex court seeking among others a declaration that the above sections together with portions of 172 and 177 are inconsistent with the constitution,” the dennislaw.com report said.
Here is how Dennislaw reports the defendant’s Case
On its part, the AG argued that the Companies Act which came into force in August 2019, introduced several new features notable among them is the restraint and disqualification of certain persons from holding the position of director of companies except with the leave of the court.
The AG thus averred that this new provision having been enacted into law by Parliament under Article 93(2) of the constitution, is sound.
Additionally, the AG impressed upon the court to adopt the purposive approach to interpreting the sections in contention stressing the fact that it is not a novel piece of legislation because institutions like the Bank of Ghana have been applying the same by disqualifying directors.
However, the apex court in judgment upheld the applicant’s first two reliefs holding that it was unconstitutional to require a person so charged with a criminal offence within the stipulated time to deliver a statutory declaration to that effect and so disqualifying them while they have not been proven or pleaded guilty.
MTN Ghana Introduces New Tariffs Effective November 28, 2023
On November 28, 2023, MTN Ghana implemented new tariffs, marking a significant change in the cost structure for their services. This move has captured the attention of consumers, prompting them to evaluate how these adjustments will impact their communication expenses.
The telecommunications industry is dynamic, with companies frequently reassessing their pricing strategies to align with market demands, technological advancements, and regulatory changes. MTN Ghana, as a major player in this sector, regularly updates its tariffs to maintain competitiveness and provide sustainable services.
One of the notable changes in the new tariffs is the adjustments to call rates. Customers can anticipate shifts in the cost per minute for both on-net and off-net calls. This modification is likely to impact the communication habits of subscribers, influencing the choice between making calls within the MTN network or to other networks.
Additionally, data tariffs have seen revisions, reflecting the growing importance of mobile data in our digital age. As individuals increasingly rely on smartphones for various activities, including work, entertainment, and social interactions, understanding the adjustments to data tariffs is crucial. MTN Ghana aims to strike a balance between affordability and quality service, ensuring that users can access the internet without compromising on speed and reliability.
Moreover, the new tariffs might include changes to SMS charges. With the prevalence of instant messaging apps, traditional SMS usage has declined. However, for certain services and communication scenarios, text messages remain relevant. Subscribers should be aware of any modifications in SMS rates to manage their messaging expenses effectively.
It’s essential for MTN Ghana customers to stay informed about these tariff adjustments to make informed decisions based on their communication needs and budget. The company typically communicates such changes through various channels, including SMS notifications, social media updates, and announcements on their official website.
This tariff adjustment by MTN Ghana may be a response to various factors, such as inflation, infrastructure investments, or changes in regulatory requirements. Understanding the reasons behind these adjustments can provide customers with a broader perspective on the evolving telecommunications landscape.
The new tariffs implemented by MTN Ghana on November 28, 2023, underscore the dynamic nature of the telecommunications industry. Customers are encouraged to review the changes, assess their communication patterns, and make informed choices to ensure their mobile usage remains both convenient and cost-effective in this ever-evolving digital age.
The changes in MTN Ghana’s tariffs are expected to influence consumer behavior in several ways. With adjustments to call rates, subscribers may reconsider their communication preferences, opting for on-net calls to leverage more cost-effective options. This shift could potentially strengthen MTN’s network usage as customers seek ways to optimize their spending. Similarly, alterations in data tariffs may prompt users to reevaluate their data consumption habits, potentially leading to increased reliance on Wi-Fi networks or more judicious use of mobile data. Understanding these shifts in consumer behavior is crucial for both MTN Ghana and its subscribers, as it enables the company to tailor its services to meet evolving needs.
The telecommunications industry is highly competitive, with various providers vying for market share. MTN Ghana’s tariff adjustments are likely influenced by the need to remain competitive in this dynamic environment. Analyzing how these changes position MTN in comparison to other players in the market provides valuable insights into the company’s strategic approach. Additionally, consumers may compare the new tariffs with those of competitors, exploring potential benefits or drawbacks that could influence their decision to stay with MTN or consider alternative service providers.
Effective communication and transparency play a pivotal role in managing customer expectations during tariff adjustments. MTN Ghana must ensure that its subscribers are well-informed about the changes, providing clear explanations for the reasons behind the adjustments. Transparent communication fosters trust and helps mitigate any potential backlash from customers who may be resistant to changes in pricing. Additionally, proactive communication can guide users on how to navigate the new tariff structure, empowering them to make informed choices that align with their communication needs and budget constraints.
Telecommunications companies operate within a regulatory framework that can impact their pricing strategies. Changes in tariffs may be influenced by regulatory requirements, and understanding this aspect is essential for both the company and its users. MTN Ghana’s compliance with regulations ensures a stable and legal operating environment. Subscribers should be aware of any regulatory factors that contribute to these tariff adjustments, as this knowledge can provide context for the changes and help users appreciate the broader industry dynamics shaping their mobile communication experiences.
Let’s live harmoniously to safeguard Ghana’s peace – Peace Council on recent clashes
The National Peace Council (NPC) has called on Ghanaians to live harmoniously with each other to safeguard the country’s peace.
It has urged Ghanaians to protect “the peace and security of the country by creating and using avenues of tolerance, cooperation, and coexistence to sustain the country’s identity as an oasis of peace in Africa.”
This follows the unfortunate violent clashes in some parts of the country which have resulted in the deaths of some citizens.
Reports from Kintampo in the Bono East Region, Nkwanta in the Oti Region, and Wenchiki in the Northeast Region indicate that violence has led to the destruction of lives and property in these affected communities.
In a statement issued on Wednesday, the NPC reminded Ghanaians “of paragraphs (c), (d) and (i) of
article 41 of the 1992 constitution of the Republic of Ghana which states thus: The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen.”
“To foster national unity and live in harmony with others; to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons. To co-operate with lawful agencies in the maintenance of law and order.”
Read the full statement from the NPC here
Defence and National Security Ministers to appear before parliament today over Kintampo clash
The Ministers of Defence and National Security are expected to appear before the Defence and Interior Committee of Parliament on Thursday, November 23, to provide a briefing on actions being taken by the government to forestall a clash between the Mo and Wangara tribes in the Kintampo North municipality.
This comes on the back of a summons by the Speaker of Parliament, Alban Bagbin.
According to the Member of Parliament for the area, Joseph Kwame Kumah, tensions were high when the Mo tribe requested to perform rituals within the months of November and December, coinciding with the annual Klubi festival of the Wangara community.
In response to calls for a ceasefire by the MP, the Speaker directed that the government must take immediate steps to ensure peaceful coexistence.
“As the first authorities to come to this house to brief the committee on Defense and Interior, this is an urgent matter that should be handled with dispatch. I think Thursday should be okay for the two ministers and their commanders to appear before the committee early tomorrow morning by 9 am to brief the committee. It is an urgent matter.”
“The National Security Council through their regional office should immediately intervene because the chieftaincy institution is one of the cornerstones of the peace and security of our country, and we hold that institution dearly. We will do everything to prevent that institution from falling into disarray,” he stated.
EDUCATION3 days ago
GES Releases 2023 School Placement: CSSPS Portal Now Live
BUSINEWS2 weeks ago
Farmgate price for pork up 20%
ENTERTAINMENT1 week ago
Kumawood Actress, Oheneyere Mercy Asiedu flaunts her Eldest Son who Lives Abroad
ENTERTAINMENT2 weeks ago
Stonebwoy Ch*pped Me And Didn’t Pay – Abena Korkor Angrily Goes After Stonebwoy In New Video
ENTERTAINMENT2 weeks ago
Someone is About to Lose their Chopmoney – Ghanaians Troll Jackie Appiah After George Weah Lost Liberian Elections
LOCAL NEWS2 weeks ago
C/R NASPA on sit-down strike over 3-month unpaid allowance
ENTERTAINMENT1 week ago
Kuami Eugene Trends After Exposing His Girfriend’s R*w Butt In A Photo
ENTERTAINMENT1 week ago
John Dumelo’s Wife Snubs Former Bestie Nadia Buari on Her Birthday As their Beef Continues