Domelevo Misleading the Public on Accumulated Leave Directive – Presidency

The Office of the President has quickly jumped in to respond to the claim by the Auditor-General, Daniel Domelevo, that the directive ordering him to embark on his accumulated annual leave breaches provisions of the relevant laws.

According to a letter signed by the Secretary to the President, Nana Bediatuo Asante, the explanations given by the Auditor-General to arrive at the conclusion (that the directive was unconstitutional) is rather misleading the public and needed to be corrected.

“It is necessary to correct the wrong impression you [Daniel Domelevo] have sought to create in the public domain regarding the President’s directive to you to proceed on your accumulated annual leave. 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 will not be misled by your lack of understanding of the position of law, for which you may be forgiven since you are not a lawyer,” the letter said.

Mr. Domelevo had earlier implored President Akufo-Addo to reconsider the annual leave order, arguing that the decision breaches the labour law.  

In a letter dated July 3, 2020, Mr Domelevo said the president directive is unconstitutional, because “to the best of [his] knowledge..., where in any given year a worker fails, omits, neglects or even refuses to take their annual leave, such leave is deemed forfeited with no corresponding obligation on the part of the employer to enforce the worker's right to take their leave by assuming, deeming or declaring the forfeited leave, accumulated”

But in response, the Presidency insisted that the directive to Mr. Domelevo was apt and within the confines of the law.

“First of all, for the avoidance of any doubt, your accumulated annual leave of 123 working days which you were directed to take with effect from Wednesday, July 1, 2020, was in respect of the period 2017 to 2019, which you had worked without taking any annual leave and did not include 2020. If, however, you have decided to include your annual leave for the year 2020, then it is expected that you will resume work after a well-deserved leave of 167 working days, with effect from July 1, 2020.”

The letter from the Presidency explained that “under the conditions of service, you [Daniel Domelevo] are expected to take 44 working days with full pay in a calendar year of continuous service. You [Daniel Domelevo] was thus, required by your conditions of service of appointment to take your annual leave in every continuous year of service, for 2017, 2018, and 2019”

“As you are well aware, the power to appoint the Auditor-General is vested in the President and the appointment is done in accordance with Article 70 of the Constitution. Per article 297 (a) of the Constitution, that power to appoint includes the power to ‘exercise disciplinary control over persons holding or acting in any such office’. Thus, to the extent that you fail to comply with a basic term of your appointment such as taking annual leave, the President has the power to exercise disciplinary control over you to ensure that you comply with the terms of your appointment. The exercise of that constitutional power vested in the President does not affect the independence of your office, which the Constitution so rightly guarantees.”

Read letter from the presidency below