What is a Vote of Censure?

WHAT IS A VOTE OF CENSURE? 

A vote of censure can be likened to a vote of no confidence in a person holding a high office of leadership in a country. This Vote of censure can only be passed by the legislative arm of Government.

The members will introduce a motion that will be supported by the votes of not less than 2/3 of all the members of Parliament put together. From here, they will pass a vote of censure on a Minister of State or a Deputy Minister of State for his or her removal.

A motion for the vote of censure constitutionally needs to be debated in Parliament within a minimum of fourteen days after its reception by the Speaker of Parliament to brief him on the happenings.

Accordingly, The Minister of State who is being hit by the vote of censure is allowed to argue his or her case in order to defend the motion for removal from office.

It should be noted that after the vote of censure is passed against the said Minister after hearing and debates, the Head of the Executive arm of Government, the President will have to revoke the appointment of the Minister. The Minister also has the right to resign after the censure is passed against him or her.

Meanwhile, a vote of censure can be passed to remove the President, the Vice President, Speaker and Deputy Speakers of Parliament including the Ministers of State.

A VOTE OF CENSURE 

According to Article 82 of the 1992 Constitution of the Republic of Ghana, a VOTE OF CENSURE shall constitute the following.

(1) Parliament may, by are solution supported by the votes of not less than two-thirds of all the members of Parliament, pass a vote of censure on a Minister of State.

(2) A motion for the resolution referred to in clause (1) of this article shall not be moved in Parliament unless;

(a) seven days’ notice has been given of the motion; and

(b) the notice for the motion has been signed by not less than one-third of all the members of Parliament;

(3) The motion shall be debated in Parliament within fourteen days after the receipt by the Speaker of the notice for the motion.

(4) A Minister of State in respect of whom a vote of censure is debated under clause (3) of this article is entitled, during the debate, to be heard in his defence.

(5) Where a vote of censure is passed against a Minister under this article the President may, unless the Minister resigns his office, revoke his appointment as a Minister.

(6) For the avoidance of doubt this article applies to a Deputy Minister as it applies to a Minister of State.

SOURCE: Coverghana.com.gh