ENSURING DEMOCRATIC ACCOUNTABILITY IN CENTSAG LEADERSHIP

1.0 INTRODUCTION 

1.1 Background 

The Colleges of Education Non-Teaching Staff Association of Ghana (CENTSAG) serves as the primary body representing the interests of non-teaching staff in Colleges of Education of Ghana. As a recognized labour union, its leadership is expected to operate within the democratic principles of transparency, accountability, and periodic elections in accordance with its Constitution, the Labour Act of Ghana (Act 651, 2003), and relevant International Labour Organization (ILO) standards. 

However, since 2018 to date, the current national leadership of CENTSAG, led by the Vice President (now Acting President) and the Secretary, has overstayed its mandate, failing to organize elections to elect new executives. This situation raises serious concerns about the legitimacy of the leadership and governance of the association. 

This position paper, therefore, highlights the legal, ethical, and administrative concerns surrounding this issue and recommends urgent steps to restore democratic accountability within CENTSAG. 

2.0 PROBLEM STATEMENT 

Despite the expiration of their tenure of office, the national executives of CENTSAG have failed to conduct elections, effectively holding on to power for over five years. This raises critical concerns: 

1. Violation of Democratic Principles: The continued stay in office without fresh elections contradicts the fundamental democratic rights of CENTSAG members (CENTSAG Constitution). 
2. Breach of Constitutional and Labour Laws: The CENTSAG Constitution, Labour Act (Act 651)  of Ghana, and international labour          laws require periodic elections for leadership renewal. 
3. Lack of Accountability and Transparency: The prolonged tenure without elections reduces leadership accountability, increasing the risk           of mismanagement and weak representation. 
4. Erosion of Trust Among Members: Many non-teaching staff members feel disenfranchised and excluded from key decisions affecting their       
5. Threat to Industrial Harmony: If unresolved, the lack of democratic leadership renewal may lead to widespread discontent, legal battles, and          possible industrial unrest. 

3.0 LEGAL AND POLICY IMPLICATIONS 

3.1 CENTSAG Constitution 

Section 17(3) of the CENTSAG Constitution indicates that:

“The National  Executive  members  shall be elected by a secret ballot every three (3) years at the National  Delegates Conference  or an extraordinary  Council Meeting.”

That is, the CENTSAG Constitution mandates periodic elections for its executives. Failure to conduct elections violates its own governing principles, leading to a constitutional crisis within the association. 

3.2 Ghana’s Labour Act, 2003 (Act 651)

Section 69(1) of the Labour Act states that: 

“A trade union shall have a constitution that provides for democratic governance, regular elections, and the accountability of leadership to its members.”

Failure to conduct elections contravenes this provision and could lead to legal actions against CENTSAG. It also raises serious concerns regarding the legality of the representation of the association at relevant meetings and the validity of the decisions made.

3.3 1992 Constitution of Ghana  

Article 21(1)(e) guarantees: 

“The right of every citizen to freedom of association, including the right to form or join trade unions and participate in their activities.”

By denying members their right to participate in leadership elections, the current CENTSAG leadership violates this constitutional right. 

3.4 International Labour Organization (ILO) Standards 

ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize, 1948): 

• Guarantees that workers’ organizations must operate independently and conduct democratic elections. 
• Prohibits union leaders from holding on to power beyond their

4.0 JUSTIFICATION FOR IMMEDIATE ELECTIONS

4.1 Strengthening Democratic Governance 

Holding elections will restore democratic accountability within CENTSAG, ensuring that leadership reflects the will of the members. 

4.2 Enhancing Transparency and Accountability 

Elections provide an opportunity for new leaders to disclose financial records, improve decision-making, and address concerns about leadership legitimacy. 

4.3 Preventing Industrial Disruptions 

If leadership renewal is ignored, dissatisfied members may resort to protests (both covert and overt), petitions, or legal actions, which could disrupt the operations of Colleges of Education. 

4.4 Aligning with Best Practices in Union Management  

Most recognized labour unions in Ghana and globally conduct elections within their constitutional timelines. Not very far from CENTSAG is Colleges of Education Teachers Association of Ghana (CETAG). CENTSAG must follow this example to maintain credibility. 

5.0 RECOMMENDATIONS 

5.1 Immediate Roadmap for Elections 

CENTSAG must announce and implement an electoral roadmap within the next three (3) months, including: 

1. Appointment of an Independent Electoral Committee to oversee fair
2. Publicizing an election calendar with clear timelines for nominations, campaigns, and voting. 
3. Ensuring that all eligible members can participate freely and fairly.

5.2 Regulatory Intervention by Labour Commission and GTEC

The Labour Commission of Ghana and Ghana Tertiary Education Commission (GTEC) should: 

• Intervene and direct CENTSAG leadership to comply with legal  
• Monitor the election process to ensure fairness and transparency.
• Impose sanctions if necessary, should the leadership refuse to comply.

5.3 Stakeholder Engagement by PRINCoF and Non-Teaching Staff 

• Conference of Principals of Colleges of Education (PRINCoF) should encourage dialogue between CENTSAG leadership and members to avoid industrial disputes.
• Non-teaching staff should exercise their rights by demanding elections through formal petitions.

5.4 Ensuring Future Compliance 

• The CENTSAG Constitution must be amended to include strict enforcement mechanisms for leadership renewal.
• The association should introduce regular performance audits of national executives.

6.0 CONCLUSION

The continued stay of national leadership of CENTSAG beyond their mandate is unconstitutional, undemocratic, and legally untenable. The Labour Act, CENTSAG Constitution, and ILO Conventions all emphasize transparent and periodic elections.

To protect the integrity of the association and maintain industrial harmony, it is imperative that elections be conducted immediately. Stakeholders such as the Labour Commission, GTEC, PRINCoF, and non-teaching staff must take urgent action to restore democratic governance within CENTSAG. 

Failure to address this issue could lead to legal challenges, industrial action, and a loss of credibility for leadership of CENTSAG.

7.0 REFERENCES 

Ghana Labour Act, 2003 (Act 651) 

1992 Constitution of Ghana 

CENTSAG Constitution 

International Labour Organization (ILO) Convention No. 87 

Ghana Tertiary Education Commission (GTEC) Regulations on Union Governance