Ex-gratia: Who are the Article 71 officeholders?

Ex-gratia and Article 71 officeholders have become some of the most frequently used words in Ghana following ex-President John Dramani Mahama‘s promise to scrap the former when he becomes president again.

But what does ex-gratia mean?

This article looks at what ex-gratia is and what the 1992 Constitution of Ghana says about it.

Ex-gratia and the Constitutions of Ghana

In legal parlance, “ex-gratia” refers to the amount of money workers receive from their employers when legally leaving their employment. It is mostly determined by the employee’s contract with his employer.

Although the word ex-gratia is not explicitly stated in the 1992 Constitution of Ghana, it has become a phrase used to refer to the retirement benefits of government employees who are captured under Article 71 of the 1992 Constitution of Ghana (Article 71 officeholders).

Article 71 of Ghana’s constitution states as follows:

The salaries and allowances payable, and the facilities and privileges available, to-.

a. The speaker and deputy speakers and members of parliament;

b. The chief justice and the justices of the superior court of Judicature;

c. The Auditor-General, the Chairman and Deputy Chairman Of the Electoral Commission,

d. The Commissioner For Human Rights And Administrative Justice And His Deputies And The District Assemblies Common Fund Administrator;

e. the Chairman, Vice Chairman and the other members of,

(i) a National Council for Higher Education, howsoever describes.

ii) the Public Services Commission,

iii) the National Media Commission

iv) the Lands Commission and

v) The National Commission for Civic Education being expenditure charged on the consolidated fund, shall be determined by the president on the recommendations of a committee of not more than five persons appointed by the president acting in accordance with the advice of the council of state.

2. The salaries and allowances payable, and the facilities available, to the president, the Vice President, the chairman and the other members of the Council of State, Ministers of State and Deputy Ministers, being expenditure charged on the consolidated fund, shall be determined by Parliament on the recommendation of the committee referred to in clause (1) of this article.

3. For the purpose of this article and except as otherwise provided, constitution “salaries” includes allowances, facilities and privilege, and retiring benefit or awards.”

Other Articles of the 1992 Constitution that speak about the retirement benefits of Article 71 officeholders include Articles 98 and 114.

Article 98(1) reads as follows: A member of Parliament shall be paid such salary and allowances and provided with such facilities as may be determined in accordance with Article 71 of this Constitution.

While Article 114 states that “A person who has served as a member of Parliament for a “period of not less than four years shall be eligible on ceasing to be a member or on his death, for the payment of such gratuity to him or his personal representatives.”

Here is a list of Article 71 officeholders and retirement benefits they are entitled to as provided by the Economic Fighters League:

The Executive

President – GHC 659,392

Vice President – GHC 549,492

Cabinet Minister – MP – GHC 464,032

Cabinet Minister – non MP – GHC 457,928

Minister of State-MP – GHC 427,400

Minister of State-non MP – GHC 421,296

Regional Minister-MP – GHC 427,400

Regional Minister-non MP – GHC 415,188

Deputy Minister-MP – GHC 401,132

Deputy Regional Minister-MP – GHC 401,132

Deputy Minister-non MP – GHC 384,660

Deputy Regional Minister-non MP – GHC 384,660

Chairman, Council of State – GHC 396,872.00

Member, Council of State – GHC 366,340.00

The Legislature (Parliament)

Speaker of Parliament – GHC 488,456

1st Deputy speaker – GHC 464,032

2nd Deputy speaker – GHC 457,928

Majority leader – GHC 464,032

Minority leader – GHC 457,928

Deputy Majority leader – GHC 439,612

Deputy Minority leader – GHC 433,504

Majority chief whip – GHC 427,400

Minority chief whip – GHC 421,296

1st Dep Majority chief whip – GHC 415,188

1st Dep Minority chief whip – GHC 407,332

2nd Dep Majority chief whip – GHC 402,976

2nd Dep Minority chief whip – GHC 396,872

Member of Parliament – GHC 390,768

The Judiciary

Chief Justice – GHC 427,612

Supreme Court Judge – GHC 388,872

Court of Appeal Judge – GHC 352,452

High Court Judge – GHC 278,380

Independent Constitutional Bodies (ICBs)

Auditor-General – GHC 359,608

EC Chair – GHC308,796

EC Deputy Chair – GHC348,164

CHRAJ Commissioner – GHC308,796

CHRAJ Deputy Commissioner – GHC360,900

DACF Administrator – GHC336,584

NCCE Chair – GHC378,224

NCCE Deputy Chair – GHC297,796

NCCE member full-time – GHC348,532

NCCE member part-time – GHC260,956

Lands Commission Chair – GHC365,636

Lands Commission member (part-time) – GHC305,532

Public Services Commission Chair – GHC407,456

Public Services Commission V. Chair – GHC348,740

Public Services Commission member (full time) – GHC334,928

Public Services Commission member (part-time) – GHC271,376

National Medical Commission Chair – GHC334,008

National Medical Commission member – GHC271,376

National Council for Teacher Education Chair – GHC402,776

NCTE members – GHC367,936

So in all, the ex-gratia payments due Article 71 officeholders will be more than GHC200 million every four years, but the list above excludes benefits given to presidential staffers, Municipal, Metropolitan and District Chief Executives (MMDCES) and other appointees.