CLOGSAG heads to High Court over appointment of Birth and Deaths Registrar

The Civil and Local Government Staff Association, Ghana (CLOGSAG) has filed a writ in the High Court challenging the appointment of Mrs Henrietta Lamptey, newly appointed Registrar of the Births and Deaths Registry.

The writ is between CLOGSAG and the Minister for Local Government, Decentralisation and Rural Development (MLGDRD) as First Defendant; the Head of Civil Service, Second Defendant; the Head of the Public Services Commission, Fourth Defendant and the Attorney General as the Fifth Defendant.

Among the reliefs, CLOSAG is seeking a declaration that “the Births and Deaths Registry is a Civil Service Institution,” and further or in the alternative, a declaration that the Second Defendants, the Head of Civil Service, “must have an input in the appointment of the Registrar of the Births and Deaths as provided by law.”

CLOGSAG is further asking the High Court to declare Madam Henrietta lamptey’s appointment as “unlawful and void” for lack of advice from the Head of Civil Service in consultation with the Public Services Commission.

The Association, as part of the reliefs, is also seeking a perpetual injunction to restrain Mrs Henrietta Lamptey, her agents, servants, assigns, workmen and others claiming through them from recognising her appointment or purporting to recognise her appointment.

Mr Issac Bampoe Addo, Executive Secretary, CLOGSAG, speaking at a media briefing, said “the political appointment of the Registrar of Births and Deaths should be reversed” with the Government, as a matter of urgency, bringing “sanity” to the Births and Deaths Registry.

“Should this fail, CLOGSAG shall use any means whatsoever at its disposal to rectify the situation at the Births and Deaths Registry,” he said.

Mrs Henrietta Lamptey, a Research and Development Practitioner, was appointed by President Nana Addo Dankwa Akufo-Addo as Registrar for the Births and Deaths Registry.

Prior to her appointment, she worked with the MLGDRD and ActionAid Ghana, a Non-Governmental Organisation.

Her appointment was in accordance with Article 195 of the 1992 Constitution, which requires the President to appoint a Registrar of the Births and Deaths and Section two of the Registration of Births and Deaths Act 2020 (Act 1027).

As part of her functions, the Registrar is responsible for the day-to-day administration of the affairs of the Registry and shall keep and maintain the national registry of births, faetal deaths and deaths.

However, the Executive Secretary of CLOGSAG, said at a meeting on Friday, March 11, 2022, that its National Executive had “noted the unlawful appointment of a non-civil servant to replace a civil servant who was acting as the Registrar, and the improper instruction from the Minster of Local Government and Rural Development to the Acting Registrar to hand over to Madam Henrietta Lamptey within ten days.”

The Executive Secretary said the Association had also noted the hurried manner Madam Lamptey was introduced by the Deputy Minister of MLGDRD to the staff of the Registry before the date for the handing over.

He averred that the Birth and Deaths Registry was part of the Civil Service and the Local Government Service, citing Section 8(1)(a) of Act 1027, which states that a district office of the Registry was a Department of the District Assembly, which was also part of the Local Government Structure.

He further stated that Madam Lamptey’s appointment was not in accordance with the advice of the Civil Service Council, referencing Article 195 (1) of the 1992 Constitution of Ghana, which gave the power of appointment to the President to appoint persons to hold or act in an office in the Public Service in accordance with the Governing Council concerned and in consultation with the Public Services Commission.

Mr Addo said the “blatant” disregard for procedures of appointment into the Civil Service and the Local Government Service as well as the neutrality principle were “unwarranted and regrettable.”

The Executive Secretary told the Ghana News Agency in an interview that some 20 members of CLOGSAG had been dismissed for their involvement in political party activities in 2021 and said it was wrong for “a known Personal Assistant to the former Minister of MLGDRD to be appointed as Registrar of Births and Deaths because it is in clear violation of a Supreme Court ruling.”

He said, “a person appointed as Registrar must have the requisite qualification and experience in civil registration.”