The Attorney General and Minister
of Justice, Mrs Marietta Brew Appiah-Oppong, has challenged legislative
drafters to write laws devoid of ambiguities.
She said clarity of laws would
reduce the areas of misunderstanding and in turn reduce the incidence of
litigation that arose out of interpretation.
Mrs Appiah-Oppong, who made the call at the opening ceremony of the
8th Commonwealth Legislative Drafting Course for African member states
in Accra yesterday, observed that a badly drafted law may lead to the
violation of liberties and untoward circumstances not intended by the
drafters.
The 12-week course, being attended by participants from 18 African
countries, is under the auspices of the Commonwealth Secretariat, Ghana
School of Law and the Government of Ghana.
The Minister explained that such laws, which were devoid of
uncertainties were easily understood by a larger number of people most
of whom would obey and this would lead to fewer violations and reduced
cases for the law courts to deal with.
Mrs Appiah-Oppong said the drive to uphold the principle of rule of
law, the tenets of good governance and democracy could not be separated
from the work of the legislative drafters, adding that one of the
critical poles of democratic governance was the creation of institutions
with the necessary legislative backing.
She told the participants that legislative drafting was an important
exercise and their ability to assimilate the lessons and put them to
good practice would influence the course of history and destinies of
people in their various jurisdictions.
Mrs Appiah-Oppong noted that legislative drafting demanded hours of
concentrated intellectual labour and was extremely onerous, exacting and
highly skilled task that was expressed by a unique kind of writing.
She asked legislative counsels that in translating policy into
legislation, they had to foresee what the policy maker failed to see and
make recommendations to address this to avert preparing legislation
that could be the subject of several amendments in the near future.
The Director of Legal Education of the Ghana School of Law, Mr Kwesi
Prempeh-Eck, announced that after years of organising the course,
stakeholders had agreed that it would be made a permanent course at the
Ghana School of Law.
He said the course had been enriched based on criticism, suggestions
and feedback from participants and the experienced lectures.
A representative of the Commonwealth Secretariat, Mrs Job Oluwatoyin,
described the work of legislative drafters as a silent job which had a
great impact on the lives of most of the ordinary people in their
various countries.
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