UNIVERSITY OF CAPE COAST

IDENTIFYING THE STRENGTHS AND WEAKNESSES OF INTERNAL DEMOCRACY IN THE JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA (JUSAG)

FELIX EDDIE QUANSAH

2009 1

CHAPTER ONE Background Problem statement Research objectives Research Questions Scope/Delimitation Policy Significance of the study CHAPTER TWO Review of related Literature Concept and Principles of internal democracy Trade unionism in perspective Legislation on trade unionism in Ghana Conceptual framework CHAPTER THREE Methodology Procedure for data collection Procedure for data analysis Background of the study organization (Organogram of the study organization) CHAPTER FOUR Presentation and analysis of findings CHAPTER FIVE Conclusions and recommendations REFERENCES APENDICES

CHAPTER ONE 1.0 Background The word democracy is derived from two Greek roots demos, which means the people and Kratos meaning authority. In its political sense, democracy means government by the people, the many other than government by a few oligopoly or by the one autocracy or the dictator. Democracy encompasses many ideas and has many meanings. It may be used to mean a way of life, a form of government, a way of governing, a type of a nation, a state of mind and a variety of processes. The word democracy has been used ever since the time of Herodotus to denote that form of government in which the ruling power of a state is legally vested, not in any particular class or classes, but in the members of the community as a whole. This means in communities which act by voting, that rule belongs to the majority, as no other method has been found for determining peaceably and legally what is to be deemed the will of a community which is not unanimous (Bryce,1921). Democracy is a form of government in which the poor class always the numerous, did in fact rule; and the term demos was often used to describe not the whole people but that particular class as distinguished from the wealthier and much smaller class. The word democracy came into English usage in the 17th Century to denote direct democracy, the kind of government that existed in Athens and all other Greek city states, where all enfranchised citizens came together to discuss and enact laws. Currently it is no longer desirable, to assemble the citizens of any but the smaller towns to make their laws or to select their officials directly from among the citizenry.

Democracy these days has taken the form of representative democracy or in Platos term a republic or republican government in which those who hold authority get and retain authority directly or indirectly as the result of winning free elections in which all adult citizens are allowed to participate. By representative democracy, we mean a system in which the people select others, called representatives, to act in their place. Some underlying beliefs on which democracy is founded are that, Men are born and continue equal in respect of their rights; and that the end or the goal of political society is the preservation of the natural and imprescriptibly rights of man, being liberty, property ownership, security and resistance to oppression Democracy is also founded on the belief that sovereignty resides essentially in the nation and that nobody or individual, can exert any authority which is not expressly derived from it. Other beliefs forming the foundation of democracy include the notions: That all citizens have a right to concur personally, or through their representatives, in making the law and are all equal before that law so made and must enjoy equality of opportunity; That no one ought to be molested on account of his opinions, his religious opinions; (Declaration of the Rights of Man made by the National Assembly of France, August 1791). The core underlying value of democracy, then, is individual dignity and that human beings by virtue of their existence are entitled to life, liberty and property. John Locke an English writer argued that the purpose of government is to protect individual liberty. Such a government then must be formed out of a social contract where the citizenry together surrender their powers to the government to help protect their rights. By this they tacitly agree to accept government activity to better protect life,

liberty and property. Democracy should therefore encourage and allow popular participation in the decisions that shape the lives of individuals in a society. Under a democratic government, there should exist, the rule of law and equality of all citizens before the law, free enterprise, right to life, sovereignty of the state, majority rule, individual liberty, free and fair elections, freedom of expression and multi partisanship. Such forms of government as oligopoly -government that is controlled by a few, monarchy- government that is by heredity or by succession, theocracy -government by a religious few, and authoritarianism -government totally by dictatorship, are all not desirable and not worth practicing, so do the proponents of democracy argue. It comes therefore not as a surprise that democracy seems to have won a global appeal and countries all over the world are striving willingly or unwillingly to adhere to democratic rule. Citizens as well as groups of people and organizations within the state are all duty bound to protect the nation from being ruled by dictators or undemocratic governments. In trade union associations, these aspects of democratization related to the state have been borrowed to govern their affairs. The major aspects adopted which are concurrent to state-run democracies are the adoption of a constitution, which is subject only to the dealings and whims of a general assembly. The general assembly system adopted by the trade union or association is not by election as is the case for state-run democracies. Members in the union automatically become members of the general assemblies. One other major point worth recognizing is the fact that unlike state-run democracies, trade unions quickly implement decisions, should they have the resources, without having to let the decisions taken go through a long winding bureaucratic process like the

legislature, executive and judiciary arms before passage and implementation. It is this quick implementation of decisions that bring about most of the numerous problems in the democratization process within associations like the trade unions. This is because elected officers normally fine-tune decisions taken to suit their personal needs

1.1

Problem statement Most work place labour organizations exist for historical and ideological reasons

of advancing the cause of workers. They are committed to workers control and democracy and to maintaining their character as a movement that champions the cause of its members. Such work place organizations are also supposed to be effective and proactive and able to negotiate and monitor complex agreements with government and employers as well as making meaningful contributions to national development.

The Judicial Service Workers Union is founded and established on the beliefs and philosophical underpinnings enumerated above. However, the attention appears to be concentrated on privileged few. Indeed, in the many negotiations of the union, the attention is always focused on the well-being of judges. Many of the judges enjoy good working conditions of service as against low conditions under which the masses in the judicial service work. This state of affairs clearly defeats equity, fairness and justice for most of the lower workers of the judicial service.

Participation and democracy have been cardinal principles upon which the Judicial Service Workers Union was established. This has been given expression to by the nature

of how the electoral process for all office holders of the Union has been designed. This involves the inclusion of all workers of courts in every district. The situation has changed drastically where only workers of the main courts get the information as regards election of union leaders. This has denied many potential union leaders the chance to lead such a workplace union like Judicial Service Workers Union. In fact, the manifestation of the undemocratic practices of the union has lead to the dissatisfaction of the masses of the type of leadership which is skewed in favour of judges.

Besides, the operations of the union are normally based on the dues contributed by members monthly. However, the low salaries paid to most of the workers have made it difficult for workers to also contribute meaningfully to give the financial backbone to the union. This has made it impossible for union leaders to carry out outreach activities such as information sharing on the grievances of the members of the union.

Again, accountability of Union leadership to members has also not been enhanced due partly to lack of education of members on best practices that the union is suppose to champion and partly to lack of appreciation of how such unions are to be ran. The question that naturally arises is whether the status quo should be allowed to continue? Definitely something needs to be done. The current study therefore aims to identify the weakness and strengths of internal democracy of the judicial service union.

1.3

Research Objectives.

The study aims at investigating the internal structures of the JUSAG against principles and tenets of internal democracy with a view to identifying the strengths and weaknesses of the operations of JUSAG. The study specifically seeks to: Examine the process and procedures in the selection of leadership in JUSAG in relation to equal opportunity to all members. Determine the nature of membership participation in the decision making process in JUSAG Identify the systems for holding leadership and management of JUSAG accountable 1.4 Research Questions

The research questions to guide this study are: What processes and procedures exist in the selection of leaders in JUSAG that avail to each member an equal opportunity to be selected? What is the nature of membership participation in decision making in JUSAG? What systems exist for leadership to be held accountable to the broad membership?

1.5

Scope/Delimitation

Basically, the research seeks to establish the operations of JUSAG in accordance with democratic principles and tenets. The study concentrates on the activities of JUSAG. Due to proximity most of the questions are focused on the staff within the courts in the Central region. 8

1.6

Significance of the study

The result of the study would form the basis for recommendations for policy formulation in JUSAG to bring about improvement in internal democracy. Much emphasis will be laid on recommendations that would inform policy decisions to overcome the challenges and entrench the strengths.

1.7

Organization of Chapters

Chapter one touches on the background to the study, the statement of the problem, the objectives and research questions to the study. It also covers the importance of the study as well as the scope/delimitation and how the chapters are organized. Chapter two will cover the review of the literature to this study. It highlights issues such as the concept and principles of internal democracy, trade unionism in perspective, the legislations on the trade unionism in Ghana and the conceptual framework. Chapter three presents the methodology/research design and a description of the data collection and analysis procedures. It contains a background of the study organization (JUSAG). The next chapter, four addresses the presentation and discussion of the findings from the study, while chapter five presents the summary of findings, conclusions and recommendations.

CHAPTER TWO

Review of Related Literature 2.0 Introduction This second part of the essay seeks to focus more on related works that may create a conceptual framework through which this essay would be developed. There are some few things that this chapter will address; it would seek views of scholars that are related to the issue of internal democracy within labour unions. These views would be addressed by way of finding out how similar or dissimilar they are and finally, an addition of the researchers voice in terms of whether he is in agreement with these scholars or not. Many writers have added their voice to the

discussion of democratic practices within labour unions, and some of these writers include Britwum, Harcourt, Wood, Smith, Mersel, Lipset, among a host of other writers.

2.1

Concepts and Principles of Internal Democracy.

Internal democracy may be referred to as a system where all dues-paying members are given equal opportunities in the running of the union or association. Internal democracy basically refers to the full implementation of the rules and regulations of the union. Internal democracy tends to abide by the constitution or the rules of the game in the union, especially where the union takes into consideration the supremacy of the constitution.

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According to Burns, et al (1998), the many definitions of democracy can be divided into three broad definitions: Democracy as a unit of interacting values; Democracy as a unit of inter-related political processes; and Democracy a unit of interdependent political structures. It is based on these that the following conceptual framework is realized, and that will be used to guide the development of the essay.

Figure 1: The Contributing Elements of Constitutional Democracy

A System of Interacting Values Popular Individualism Equality of Opportunity Personal Liberty

A System of Interdependent Political Structure Federalism Separation of powers Check and balances Bill of right

A System of Interrelated Political Processes

Free and Fair Election Majority Rule Freedom of Expression The Right of Assemble and Protest

Source: Agbesinyale, Teaching Notes, Democracy and Democratic Participation, 2009

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This concept highlighting the contributing elements of constitutional democracy focuses on the prevalence of a system of interacting values like popularity, individualism, equal opportunity, and personal liberty. There is a system of independent political structures including federalism, separation of powers, checks and balances, and bill of rights. Finally, there is a system of inter-related political processes that make up free and fair elections, majority rule, freedom of expression, and finally, the right to assemble and protest.

2.2 Gender Equity in Trade Unions Gender is used to refer to the social meaning given to either female or male in a particular society. Gender carries with it in every society, a set of expectations held as to the characteristics, aptitudes, and the likely behaviors of females and males. Gender is a cultural attribute and, therefore, linked to society, its specific expression unlike sex, varies from culture to culture and over time. Recent increase in activism of feminists groups as well as gender advocates for the involvement of women in all sections of the society has left concerns about the low representation of women in various positions within the trade unions. This has led to a focus on concerns of gender equity and balance in trade union membership and leadership. In a bid to promote internal democracy and to encourage women participation at all levels, trade unions have made positive efforts to promote the imbalance even though

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the situation has still been low. Women are still not showing interest in taking up democratic positions within the unions. Few women hold office within the top leadership. The effect of this situation is as a result of the undermining of women interest (Grint, 1991). The situation of the low involvement of women participation has led to some assumption that they do not want to. The implication according to Walton is that, women have a free choice and can do or make a conscious choice to be or not to be part of the trade union membership or to partake in its activities. (Walton, 1991, Grint, 1991, and Redclift, 1991) stated that Several forces bind womens lives, which give them little choice to participate actively in trade union activities. Family responsibility has been identified as a Conjugal role which is the marital responsibility of the woman to take care of the husband as well as the husbands relations. The other role of the woman is that of the kinship role they play and that is the woman being responsible towards the wider extended family and is normally determined by gender and age. The individual role is the responsibility of the woman derived from being a member of a group; the Community is also a place a woman has to perform specific duties for the wider community in which they live. The woman also has a domestic role to play and these are the duties and responsibilities that have to be performed in the domestic space irrespective of a females marital status and the Occupational roles that involves the woman having to provide certain needs of their families including working to earn an income or to produce goods for direct consumption to ensure that they are able to provide the needs of their families. (Oppong, 1995).

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In proving a smooth democratic practice there is the need for equal opportunity of the right of all workers to be treated fairly regardless of their, sex race, physical ability or marital status (ILO, 1994). The concern here is the extent to which access to jobs and the opportunities that come with the jobs are distributed on the basis of assumed gender abilities and needs. The issue of common stereotypes about women and men and their supposed abilities can be used to qualify or disqualify them for certain occupations. Men are normally given responsibilities for jobs that require traveling and staying at work for longer time or hours. Conflict roles especially domestic responsibility behooves women often to make a choice between their reproductive and productive roles. Reproductive roles always take the upper hand and job chances have often sacrificed on the altar of marital or maternal responsibilities. For internal democracy to flourish, a vibrant advocacy support groups should be formed to empower and support their adherents and it is in this wise that JUSAG as a union has a National Women Organizer who is a member of the National Executive Board and also a member of the National Executive Board. Apart from the National Women Organizer, the association is represented by ten regional women organizers who report to the National Women Organizer. There are other opportunities created for women especially when it comes to workshops and seminars which seem to benefit the women. JUSAG as a union and bent on promoting internal democracy sees this issue of gender very important. Kasungu (1992) writes specially about the participating of women in the trades union movement in Tanzania. Kasungu sees the participation and involvement of women

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as vital tool needed for the growth and development of democracy. To him, the larger political economy presents a lesser participation of women because of existence traditional and internal colonialism within the African society. He believes that internal democracy cannot be considered to be fully realized without the views and participation of women. Gender balance therefore, helps deepen internal democracy, to a very, large extent. Britwums essay has some linked to this essay of Kasungu. They both highlight the significance of gender roles in deepening democracy.

2.3 Internal Democracy in Trade Unions National laws or legislation are frameworks that tend to govern labour in the country. The legislation that governs the establishment and conduct of labour relationship differs from nation to nation. The legal frameworks of many African nations were largely as a result of their colonialist and imperialist that resulted in fundamental changes to those frameworks, particularly over labour legislation. In establishing labour legislation, African governments have been guided by universally accepted standards. These standards have been provided by the numerous conventions and recommendations of the International Labour Organization (ILO). The majority of the ILO standards are concerned with the promotion of social security for workers and their families. Laws governing labour relations serve a dual purpose that is the protection of the working condition and the regulation of relationships. In terms of its protective function, it aims to defend workers and their families from exploitation, protect them from health hazards and provide workers with minimum level of working conditions including wages and other basic standards which may not be

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secured if the fulfillment of conditions were left entirely to marker forces. The ILO has been charged with the responsibility of aiding countries to strengthen and promote sound relations within the context of the individual countrys social, political and economic framework. Ghana is one of the African countries which are guided by the ILO conventions. It considers labour to be one of the important icons that help in achieving the aims and objectives as well as the development of him nation. It is in this vain that the labour act, of 2003(Act 651) was employers, trade unions and industrial relations, to establish National Labour Commission (NLC) and to provide for matters related to these. Aside, the above, since Ghana is not an island, the constitution is also in consonance with the ILO conventions, labour in Ghana dates back to the 19th century when Ghana was then Gold Coast. The issue of labour is a very delicate issue because it cuts across all sectors of the economy and also has to do with the employer and the government. Whereas labour fights for job security, better conditions, collective bargaining free health and medical care, lesser hours of which goes with some responsibilities and cost, the employer on the other hand would have the objective of maximizing profit increase labour hour lesser hours with no holidays and etc. there is always some sort of conflict that has resulted in the provision of certain acts that tends to protect labour and also regulate labour conditions. Labour in fighting for their right has led to he formation of the FORUM which comprised of the Ghana Registered Nurses Association (GRNA) Civil Servants Association of Ghana (CSA), Ghana National Association of Teachers (GNAT) and the

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Judicial Service Staff Association of Ghana (JUSAG).Touching on the Constitution of the Republic of Ghana of 1992, and the Labour Act, 2003 (ACT 651), The Industrial Relations Act, 1965 are all there to one way or the other protect the rights of the worker. Article 21(e) of the 1992 constitution of Ghana states the rights to freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest; Article 24(1-5) of 1992 constitution touches on the economic rights of every person under the constitution. The article 24(1) states that; Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind; article 24(2) states that every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays; article 24(3) states that every worker has the right to form or join a trade union of his choice for the protection of his economic and social interest.; the article 24(4) emphasizes that restrictions shall not be placed on the exercise of the right conferred by clause (3) of this article except restrictions prescribed by law and reasonably necessary in the interest of national security or public order or for the protection of the rights and freedoms of others. In an article written by Britwum (2003) titled Trades Union Congress (Ghana) and Internal Democracy: An Essential Component for Social Engagement, she explores the benefits that trade unions stand to gain when they strengthen their internal democratic processes. She explained that trade unions in Africa should lead the process for developing alternatives that their governments adopt and implement in the social change

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that their countries out of the present state of dependence. To Britwum, trade unions can do all these when they themselves are democratically inclined. In a related review, Fosh and Morris (2000) presented quite an enlightening paper in the British Journal of Industrial Relations. To them, the Civil and Public Services Association (CPSA) in the United Kingdom has experienced a substantial number of organizational changes over the last twenty-five (25) years, both as a voluntary response to membership concerns and to comply with legislative demands. The writers wanted to question whether these changes have made the CPSA more or less democratic. In their presentation, they answered that question by acknowledging that individuals should interprete trade union democracy in different ways. They evaluated the changes in the CPSAs organizational structure and internal decision-making procedures according to the emphasis of four models of trade union democracy: liberal pluralism, grassroots activism, individual accountability and consumer trade unionism. It is important to re-iterate that these four models categorically prove useful as a theoretical basis around which the study would be explored. When one considers what Britwum expatiated in her partied, it can be realized that she did not mention these four models specifically, although she mentions at least two of these models: Individual accountability and grass-roots activism. Aside these two reviews mentioned, another article by Mercel (2006) in the International Journal of Constitutional Law entitled The Dissolution of Political Parties: The Problem of Internal Democracy posits another angle to the issue under discussion. This time, he did not specifically focus on trade unions per se, but rather pinpoints political parties have different goals; however, they have similar operating structures that

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are governed by democratic processes. He mentioned how in recent years, various democracies have faced the problem of non-democratic political parties. In response to this problem, he explains that some have adopted the practice of party ban. He added that the main focus in most existing jurisprudence has been on the external activities of these parties. In determining whether a political party is nondemocratic, attention has centred on the partys goals and practices. This judicial

process, he mentioned, manifests in different European constitutional courts, as well as the European Courts of Human Rights, is problematic. Traditionally, it often ignores an essential element in political parties, namely their internal structures. This study agrees totally with Mercel because ignoring the internal structures of any association like the various trade unions including JUSAG may be the beginning of a myriad of problems. Mercel (2006) argued in his paper that political parties just like trade unions must be democratic not only externally, in their goals, but also democratic internally, in their organizational practices. Obviously, Mercels argument can be linked to the points highlighted by Britwum and both Fosh and Huw when they all prescribed the strengthening of internal democracies. Ideally, the very interdependence between political parties and democracies should in the view of Mercel, (2006) promote the parties [and in this case the trade unions] adherence not only to democratic goals and activities but also to democratic internal structures. Mercel finally argued that such internal democracy must be mandatory, and that, in rare cases, there is a valid justification for political parties [and in this instance for dissolving trade unions] that lack internal democracies.

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In explaining what really union democracy is, the Wikipedia explains from the point of Lipset and Coleman (2000) the definition of labour democracy. To them, union democracy is a school of thought within organized labour which argues that sound unionism requires adherence to principles and practices of democratic trade unionism: that internal democracy and greater membership control makes unions stronger and better able to fight for the rights and interests of working people. Lipset and Coleman added that the goal is to prevent the manifestation of the socalled iron law of oligarchy: that all forms of organizations, regardless of how democratic they may be at the start, eventually and inevitably develop into oligarchies with swollen bureaucracies (p2). This argument that Lipset and Coleman are making was eventually tabled in Britwums arguments. They went on further to mention some of the tenets that when strengthened will help better the internal democracy prevalent in most trade unions. One writer who agrees more with Lipset and Coleman is Smith (2007). In his article submitted to the JV Online Magazine, he outlined about twelve things that he believes would strengthen internal democracies within trade unions. The article entitled Internal Democracy and Public Debate in Revolutionary Parties mentioned frequent contested elections with ranks-and-file members regularly challenging incumbents and resultant turnover in officers and representatives, with all candidates having equal access to membership lists before elections, including the right to copy the list. Smith mentions the others to include open publications, membership ratification strike votes (where membership should vote on striking, casting informed votes, election

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of representatives grievant rights allowing workers to fully participate in the grievance process. The others Smith mentions also include members access to information, regular local meeting, independent organizing and communication outside union official structure, inclusion and inequality, where all members would be treated fairly and the union fighting discrimination by management, and finally education for members in organizing and grassroots participation. From another perspective, Sharp (1993) presents the advantages inherent practicing effective democracy within trade unions and other social organizations, especially in the area of exhibiting the powers of negotiations for employment benefits. Sharp explained that when it comes to selecting people to represent a particular trade union on a negotiation panel or board, it is very important for members to elect people that they can trust and also people they believe will be vocal and steadfast enough to speak and negotiate on behalf of the union. Sharp categorically explains how dangerous it would be for a union when very important aspect of internal democracy is not practiced election of representatives; because when people just nominate themselves for positions without elections, they may go and compromise the wish and will of the people and that may not auger well for the union. Another writer, Kaufman (2000) adds his voice to the discussion on internal democracies but time he discusses union governance and democracy. In the Journal of Labour Research, Kaufman submitted that political metaphors for unions are in abundance. He explained that despite semblance of different democratic conventions with that of trade unions, they have not been able to translate into a broad- based,

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substantively interesting research programme on the political structure and dynamics of unions. Kaufmans paper Union Governance and Democracy: Introduction sought to rectify this situation. He sought to explain to his readers that it is the actual bigger picture of democracy that has been fashioned to suit the kind of democratic practices in unions, however, he mentions that the real practice of interest of internal democracy turns to take its own definition since the members try to cut corners to satisfy their needs. To Kaufman, the rigid adherence to existing theories of democracy in trade union governance is what has brought numerous problems to unions. This, he explained, saying that even in the real secular practice of democracy, lots of problems get associated with them, thus how much more when it is adopted for an association or union. He, therefore, suggests that in order for unions to remain strengthened in their practice of internal democracy, they have to cut corners and adopt regulations that they think their wishes while adhering strictly to popular votes and the wish of the bigger majority. On another platform, Clark (1991) discusses the benefits of democratic practices towards the attainment of development. Even though Clark did not specifically zoom down to the trades union, he was professing how the practice of effective democratic principles could bring about development and achievement of goals within an association. One specific thing about Clarks contribution that makes it important is its relevance to the discussion made by Fosh and Morris (2000) when they propounded the four models of trade union democracy. The relevance is that Clark also mentions two of

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the models, he examines how the strengthening of democracy at the grass-roots level of the union and getting every official of the union to get accountable, can effectively strengthen the presence of internal democracy within an organization or union, and JUSAG, in this case, is no exception. .

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CHAPTER THREE 3.0 RESEARCH METHODOLOGY

This chapter focuses on the research methodology and design of the study. It describes the sample population target, the sampling technique, research instruments, and data collection procedure and data analysis.

3.1 SOURCES OF DATA In collecting data for this study, both primary and secondary sources of data were used. The primary source of data was gathered through the administration of questionnaire. The questionnaire was administered to both official management of the association, JUSAG, and some selected members of JUSAG. These questionnaires were used to obtain first- hand information from the respondent on their views of the practice of internal democracy within the Judicial Service Staff Association (JUSAG). The secondary source of data was gathered from existing materials from the library on related literature from books, journals academic work papers and teaching notes and newspapers, internet sources and secretariat brochures.

3.2 TARGET POPULATION

The study was carried out in the Judicial Service, specifically among the members of the association, JUSAG. Due to proximity, the study was limited to the Accra area office

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where the researcher is domiciled. Aside the issue of proximity, a vast or greater majority of the members of JUSAG resides or works in the Accra area office.

3.3 SAMPLE SIZE AND PROCEDURE To facilitate an objective selection process for the population, sampling procedure was employed. The sampling techniques employed was simple random sampling for the official management of the association of JUSAG, there are seven (7) executive at the national level. Since seven is quite a small size or population size, all seven executive members were selected. For the membership of JUSAG, the head office alone has over two hundred (200) membership drive. A quota was chosen by random. The researcher decided to choose a hundred out of the total population of two hundred JUSAG members at the head office, making fifty percent (50%) of the total population size. In all, therefore, a total sample size of one hundred and seven (107) JUSAG members were selected out of two hundred and seven (207). Specifically, for the other members (executive excluded) the names of all the two hundred members were written on two hundred pieces of paper folded. They were then put in a container and shuffled together, after which hundred of them were selected in random succession to give every member of the sample an equal chance of selection. 3.4 INSTRUMENTS FOR DATA COLLECTION The research instrument used for the data collection in this study, as has been established already, is questionnaire administration. This was aimed at collecting factual responses from respondents concerning the study. A five point Likert scale was used. It included Strongly Agree (SA), Agree (A), Undecided (U), Disagree (D), and Strongly

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Disagree (SD). The questions were closed ended which demanded respondents to make choices among possible options or alternatives. The items in the questionnaires were based solely on perceived factors influencing the effective practice of internal democracy within the Judicial Service Staff Association of Ghana (JUSAG). The first part of the questionnaire deals with the background information of the respondents on the current position or status, gender, age, academic qualification and length of stay at present position among others. The second part of the questionnaire is divided into three parts: the importance of the practice of the practice of internal democracy; respondents views on measures to be put in place to strengthen internal democracy; and finally, views of respondents about problems they perceive to be inherent or associated with the practice of internal democracy within JUSAG.

3.5 DATA COLLECTION PROCEDURE This section describes the processes of the data collection instruments. The

distribution of the questionnaire to the respondents was hand delivered. The respondents responded and submitted their answered questionnaire within one week. Out of the seven (7) questionnaires samples distributed to the JUSAG executives, all the seven (7) were returned.

For the questionnaire that went to the members of the association, they were also hand delivered. Out of a total of hundred (100) questionnaires distributed, about ninety-four (94) were retrieved. The respondents also returned their responses within one (1) week after delivery.

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5.6 DATA ANALYSIS Data from questionnaire were analyzed item by item. For the members of

JUSAG, a hundred questionnaire samples containing twenty-five (25) questions each were analyzed. The data for the study were tallied under the various items and analyzed using SPSS software that generated frequency distribution tables, bar graphs and pie charts.

THE JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA (JUSAG) JUSAG as a trade union exist in the country and has been affiliated to the Public Services International (PSI) an international labour organization as well as affiliating with the organized labour which includes the Ghana Trades Union Congress (GTUC), Ghana Federation of Labour (GFL), Ghana National Association of Teachers (GNAT), and the Ghana Registered Nurses Association (GNRA), All the above believe in principles of democracy. It is in this vain that JUSAG sees it very relevant to inform the general public and her stake holders their level of participation in terms of internal democracy and to declare their democratic practices.

The Association was inaugurated at Mfantsipim School, Cape Coast in 1973 by Justice F.K Apaloo then the Acting Chief Justice. The idea for the formation of the Association, was mooted by the three members of staff, Kwesi Gyan Ainuson, E.O.Odametey and E.K. Mensah. It started in a form of a presentation of a petition on the poor service conditions of the non legal-professional staff of the Judicial Service. 27

The draft petition prepared by Mr. Ainusion was sent throughout the country member to members of staff to solicit their support and also, signatures. The first member of staff to respond to the call for a new deal for the non legal-professional staff was Mr. Kankam then High Court Registrar. More than two hundred members of staff, notably junior staff saw the wisdom in the petition and therefore, singed the historic document The petition was accordingly submitted to the then Chief Justice Azu-Crabb, who received it and promised to deal with the problems raised. The need for the formation of a united front to back the demands petitioned for become prominent. A meeting of the representatives of all the Courts in the regional capital was convened in Cape Coast on the 13th April 1973. For the first time, agreement was reached for the formation of an Association. Interim officers were elected. At the meeting a draft constitution written by Kwesi Gyan Ainusion was discussed and adopted. This meeting fixed the date for the inauguration of the Association the Judicial Service Staff OF Ghana (JUSAG) was accordingly inaugurated on 3rd August 1973. The then Chief Justice Azu-Crabb wrote two letters to formally give his official blessing to the formation of the Association. Since then the Association has grown in strength and size. Regional branches have been formed and are functioning effectively and have chalked successes. The National Headquarters Secretariat was cited at Cape Coast. The First General Secretary and Chief Executive Officer of the Association, Mr. K. Gyan-Ainuson, then attached to the Circuit Court, Cape Coast, took charge. Mr. E.O. Odametey became the first National Chairman with Mr. E.S. Kankam as his Vice. Mention should also be made of the prominent role the Greater Accra Branch of the Association played in building

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JUSAG. They contributed in no small measure in harnessing resources for the running of the Association. Due to lack of funds no permanent staff was appointed. The General Secretary was his own Messenger, Clerk, Treasurer and Executive Officer. The General Secretary himself through several memoranda called attention to the need to strengthen the Secretariat with permanent staff. Accordingly, the National Executive Council took steps in 1979 to relieve the General Secretary of some of these heavy responsibilities. A National Treasurer was consequently appointed to take charge of the Accounts of the Association. Headquarters of the accounts of the Association was, therefore, transferred to Accra. The National Secretariat remained in Cape Coast until 1986 when, by a resolution at Conference was moved to Accra. JUSAG took over the running of the Beneficiary Fund, a Staff Welfare Fund in 1982. With the coming into force of the check-off system, a permanent accounts clerk to take charge of the day-today accounting duties of the Association was appointed to work directly under the National Treasurer in Accra.

With the increase in the volume of work and the growing need of welfare matters affecting the staff, it became necessary for the Association to review its operations and the administration of the staff. Such new increase in functions cannot come about without the overall change and review of structures of the Association as well as policies. Under the recommendation of the General Secretary, therefore, the annual conference in 1986, by a unanimous decision, appointed a Committee to study and come out with changes in the Constitution and the administrative structures of the Association with the view to making its operation more efficient and less cumbersome. In 1989, on the recommendation by His Lordship, the Chief Justice, Judges and Magistrates were

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admitted to the welfare aspect of the Association. The Committee submitted its report to the annual conference in 1990.

It would be seen, therefore, that in addition its usual role of catering for the needs and welfare of the non-legal professional staff of the service, the Association has been called upon to broaden its scope of operation to cater for every member of staff in the Service. Through dint of hard work, responsible and honest leadership, the Association has chalked several successes including relatively better working conditions for the administrative staff; built self-confidence in members and generally promoted very cordial relationship between Management and Staff. Above all, the Judicial Service Staff Association now has a permanent seat on the Judicial Council. Currently, the association has over five thousand members all over the country. JUSAG, is a member of the Organized Labour which comprises of the Ghana Trades Union Congress, Ghana Federation of Labour (GFL), Ghana National Association of Teachers (GNAT), to mention a few. The head quarters of JUSAG is in the Supreme Court building in Accra and has regional offices through out the country.

(Organogram of the study organization)

CHAPTER FOUR

Presentation and analysis of findings

CHAPTER FIVE

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Conclusions and recommendations

REFERENCES

APENDICES

QUESTIONNAIRE
This Questionnaire is aimed at identifying the strengths and weaknesses of internal democracy in the Judicial Service Staff Association of Ghana (JUSAG). I urge you to provide accurate, precise and sincere answers to the questions. I assure you of confidentialities on your information. PERSONAL PROFILE 1. NAME: 2. AGE: 3. MARITAL STATUS: DIVORCED SINGLE MARRIED

WIDOW/WIDOWER

4. HOW MANY CHILDREN DO YOU HAVE? JOB PROFILE 1. NAM OF DEPT/ REGISTRY/COURT... 2. LENGTH OF SERVICE IN THE SERVICE 3. YOUR POSITION / RANK AT WORK 4. WHAT JOB SATISFACTION DO YOU DERIVE AT WORK.. 5. EXCELLENT, VERY GOOD, GOOD FAIR, POOR

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6. ARE YOU ABLE TO MAKE SUGGESTIONS TO IMPROVE WORK IN YOUR DEPARTMENT 7. IF YES, HOW? YES / NO IF NO WHY?

8. HOW OFTEN DOES YOUR BOSS HOLD DEPARTMENTAL MEETINGS? ONCE YEAR TWICE YEARLY QUARTERLY NONE

TRADE UNION 1. HOW MANY UNIONS EXIST IN THE JUDICIAL SERVICE? 2. WHICH ONE IS THE DOMINANT UNION? 3. WHAT IS THE NAME OF YOUR UNION? 4. HOW LONG HAVE YOU JOINED THIS UNION? 5. HAVE YOU EXPERIENCED ANY DISCRIMINATION BY YOUR UNION LEADERSHIP? 6. HOW OFTEN DO YOU PARTICIPATE IN TRADE UNION ACTIVITIES? VERY OFTEN OFTEN QUITE OFTEN NOT AT ALL EXPLAIN YOUR ANSWER 7. HAVE YOU BENEFITED FROM THE UNION BEFORE? YES/NO

8. DO YOU KNOW ANY POLICY ABOUT INTERNAL DEMOCRACY IN THE UNION? 9. CAN YOU IDENTIFY ANY WEAKNESS ABOUT THE UNION? 10. CAN YOU IDENTIFY ANY STRENGTH ABOUT THE UNION? 11. DOES YOUR UNION HAVE A NEWSLETTER? YES/NO 12. HAVE YOU EVER ATTENDED YOUR UNIONS CONFERENCE BEFORE

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13. HOW TRANSPARENT IS YOUR UNION ELECTIONS? 14. HAVE YOU HELD ANY LEADERSHIP POSITION IN THE UNION BEFORE? 15. DOES THE UNION GIVE ENOUGH INFORMATION ABOUT ELECTIONS? 16. HOW WILL YOU ASSESS THE UNIONS LEVEL OF CONDUCTING ELECTIONS AT BOTH REGIONAL AND NATIONAL LEVELS.

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