Former Energy Minister Emmanuel Armah Kofi-Buah has suggested that the Public Unitlity Regulatory Commission (PURC) should be granted legal backing to sanction board members and individuals of the Electricity Company of Ghana when they breach directives.
The Ellembelle MP supports the recent sanctions on ECG board members for non-compliance with PURC directive, stating the fines are a positive step in the right direction.
Sanctioning the ECG, he opined, will mean the Ghanaian tax payer will be made to pay for the fines.
However, if individuals and board members are sanctioned and fines imposed on them, they will do the right thing.
He disclosed that when Parliament resumes, they will reexamine our laws and, if necessary, give PURC the legal backing to impose fines on individuals and board members of the various state bodies that manage our energy sector.
Lawyers representing the board members of the Electricity Company of Ghana (ECG) have rejected the GH₵5.8 million fine imposed by the Public Utilities Regulatory Commission (PURC).
A fine was recently imposed on the board members for failing to provide a consistent load-management schedule.
According to the lawyers, the PURC overstepped its bounds by targeting the board members.
The lawyers claimed that the Commission’s legal mandate allows it to impose fines on the company itself (ECG) as a public utility, not on its board members.
The lawyers further stated that since board members are not directly involved in day-to-day operations, they cannot be held personally responsible for the company’s actions.
The lawyers said the justification for the fine does not hold since it does not equate to day-to-day management, which is the role designated as “principal officer” under the Public Utilities Regulatory Commission Act. Only principal officers can be held personally liable under the Act.
The lawyers also raised concerns about due process violations, adding that their clients were not given a chance to be heard before the fine was imposed, which they claim breaches the principles of natural justice.
But reacting to these concerns in an interview on Rainbow Radio 92.4 FM, UK, the MP said that was the best approach.
To solidify this, he told host Dr. Ren that when parliament resumes, they would have to look at the laws and review them to give the PURC legal backing so they can charge the board members and individuals of the ECG because when you charge the ECG as a company, Ghanaian tax payers would be the ones to pay for the fines imposed.
He further suggested that if the individuals and the board members are unable to pay the fines, the PURC would have to go for the assets. When this happens, they will do the right thing.
“ECG must act as a player in the sector and follow the instructions of the regulator. The ECG is attacking the step taken by the regulator legally. This is something that Parliament must as quickly as possible look at. We need to, with immediate effect, review the law and give the PURC the legal backing to impose sanctions because the truth is that the PURC is justified in imposing fines or sanctions against the board members and individuals of the ECG. If you charge the ECG as an institution, the Ghanaian taxpayer would be the one to pay. But if you charge the board members and individuals and also go after their individual assets when they are unable to pay, it will make them sit up and do the right thing. We are in agreement as a committee that we have to strengthen the regulatory institutions, i.e., the PURC and the Energy Commission.”
By: Rainbowradioonlinemcom/Ghana
