This site uses cookies. By continuing to use this site you consent to our use of cookies. Close

Africa Legal

Africa Legal

  • NEWS
  • JOBS
  • COURSES
  • CLIENTS
    • Sign in
    • Sign up
  • NEWS
  • COURSES
  • JOBS
    • Sign In
    • Sign Up
  • News
  • Courses
  • Jobs
  • Events
  • Business A-Z
  • Post a job
  • Contact Us
  • Clients
CLIENT SIGN IN
Country
  • Uganda
  • South Africa
  • Kenya
  • Nigeria
  • Cameroon
  • United Kingdom
  • Cote d'Ivoire
  • Ghana
  • Tanzania
  • Zambia
  • Botswana
  • Morocco
  • Zimbabwe
  • Mauritius
  • Mozambique
  • Sudan
  • Rwanda
  • Ethiopia
  • Angola
  • Egypt
  • Togo
  • Mali
  • South Sudan
  • Swaziland
  • Senegal
  • Malawi
  • France
  • Guinea
  • Middle East
  • Democratic Republic of the Congo
  • Gambia
  • Sierra Leone
  • Germany
Category
  • Profiles
  • Analysis & Opinion
  • Career advice
  • In-house
  • Latest news
  • Press releases
  • Africa Legal Blog
  • Women in Law
  • Innovation
  • Human Rights
Practice area
  • Agriculture
  • Arbitration
  • Aviation
  • Banking and Finance
  • Capital markets
  • Charties and pro bono
  • Company commercial
  • Competition and antitrust
  • Construction and engineering
  • Consumer products
  • Corporate finance and M&A
  • Criminal
  • Education
  • Employment and benefits
  • Energy and natural resources
  • Environmental
  • Financial services
  • Fraud & white collar crime
  • Funds
  • Governance | risk and compliance
  • Government and public sector
  • Health and safety
  • Healthcare and pharmaceuticals
  • Insurance/Reinsurance
  • Intellectual Property
  • Litigation and dispute resolution
  • Logistics and transportation
  • Manufacturing and Industrial
  • Private client and family
  • Private equity
  • Projects and infrastructure
  • Real estate
  • Regulatory
  • Restructuring | insolvency and debt recovery
  • Shipping and maritime
  • Taxation
  • Technology media and telecoms
  • Travel and tourism
close

Registration

Registered Successfully!!!. We have sent you a confirmation email to your email address.
close


View My Saved News


close You must login to save your news
  • LOGIN
  • NEW USER

Login to your account

Forgotten your password?
or

Create an Account

close


View My Saved News


« Back

Ghanaian Government Sued Over E-levy

Ghana’s minority leader, Haruna Iddrisu, and two other members of parliament – Samuel Okudzeto Ablakwa and Mahama Ayariga – have taken the attorney general to the Supreme Court over the passage of an unpopular tax on electronic transactions, writes Marian Ansah.

Apr 04, 2022
Marian Ansah
Share

The three MPs argue in their suit that the passage of the tax, also known as the Electronic Transfer Levy (E-levy), is unlawful as parliament did not have the required numbers to form a quorum for its approval.

They are asking the Supreme Court to “set aside the purported passage of the Electronic Transfer Levy 2021, by the 136 Members of Parliament of the Majority Caucus present in the Chamber of Parliament on the 29th March 2022 as being unconstitutional, null and void”.

The controversial tax, which has been amended from 1.75% to 1.5% was passed despite the minority’s absence during its consideration at the second and third reading stages in parliament. The minority had said the laying and consideration of the tax in parliament were unexpected. 

Their boycott resulted in the withdrawal of all the minority MPs’ proposed amendments to the tax. The tax will be levied on all electronic money transfers and transactions. Some stakeholders believe the e-levy will reverse all the digitization gains made by the country, leading clients to revert to using cash. Other Sub-Saharan countries like Uganda and Nigeria have had varied degrees of success introducing similar e-levies. 

When the bill was initially announced in the budget in 2021, Ghana’s government said they were hoping to raise GH¢6.9 billion (US$915 million) in 2022. However, various concerns by some groups and individuals led to the bill being laid in parliament for consideration later in March 2022. 

Commenting on the legal suit by the three MPs, legal practitioner Kwaku Azar expressed his reservations about how individuals “use suits to decide political questions”, but he believes the three MPs “have no option than to go court”. Asked whether the suit is tenable, given the president’s approval of the e-levy, Azar said, “If there was no quorum for voting, then the passage of the bill is null.”

The key reliefs being sought by the three MPs are as follows:

  • A declaration that parliament lacked the required quorum to vote on the motion before the House;
  • A declaration that the passing of the Electronic Transactions Levy (“E-Levy”) by the 136 members of parliament of the majority caucus present in parliament is null and void and of no legal effect;
  • A declaration that the purported vote on the motion for the second reading of the Electronic Transfer Levy Bill, 2021 by the 136 members of parliament is in contravention of Article 104(1) and therefore is null, void and of no effect whatsoever.
  • An order by the court setting aside the passing of the Electronic Transaction Levy.

 

To join Africa Legal's mailing list please click here

 

Copyright : Re-publication of this article is authorised only in the following circumstances; the writer and Africa Legal are both recognised as the author and the website address www.africa-legal.com and original article link are back linked. A bio for the writer can be provided on request.

RELATED CATEGORY NEWS

African Legal Awards 2023 | Nomination Read more
Controversy follows removal of Malawi’ Read more
Landmark ruling on matrimonial rights Read more

RELATED COUNTRY NEWS

Ghanaian bondholders threaten class ac Read more
Embracing a pan-African vision Read more
In camera ruling overturned Read more
Africa Legal
  • About us
  • Contact us
  • Terms of use
  • Privacy and cookies policy
Members
  • Find a job
  • Take a course
  • Read news
  • Terms and conditions
  • Cancellations and refunds
Clients
  • Terms and conditions
  • Post a job
  • Host a course
  • Advertise
  • Share news
Connect with us
© Copyright 2023 | Africa Legal. All rights reserved. | Privacy Policy