Inhuman Legality
Last week, I heard a very disturbing piece of information on Oman FM which has exercised me since then.
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It touched at my inner being and I am reminded by Dr Martin Luther King that, “Our lives begin to end the day we become silent about things that matter.”
However, the hope is that as our elders say, “Akyea na emmui sene abebuo nyinaa,” that is what Dr King means when he submits that, “the time is always right to do what is right.”
The story, as recounted by Oheneba Ntim Barimah, is that there is this blind disc jockey at the Ghana Broadcasting Corporation,
Sellasie by name. Sometime last year, one of Sellasie’s mates in the United States, in appreciation of his endeavours to prove that disability was not inability, bought him a vehicle and shipped it to Ghana.
Mindful of his condition and the processes that the clearance might have to go through, Sellasie started his preparations and sent in the necessary petitions for exemption.
In step with the law, the authorities carried out the necessary investigations to establish the authenticity of the claim for exemption. Indeed, the Ministry of Gender and Social Protection put in a plea.
In spite of the recommendation from the Ministry, Sellasie was asked to prove that he was indeed blind.
This prompted the GBC to write formally on his behalf. Despite all these, he was denied the exemption because the law that provides for the exemption points to modifications to the design of the vehicle to make it disability-compliant.
The fact, however, is that in the case of Sellasie, as a blind person, he can never drive the vehicle by himself. He can only rely on a full-time driver. On that basis he was denied exemption.
Since he could not clear the vehicle within the legitimate period, it has been forfeited to the state and has accordingly been sold, most probably, below the tax that it would have attracted.
Here is where the discretion of those public officials who dealt with the issue can be brought into question.
They behaved like the judge who denied Shylock his pound of human flesh because although the law said he was entitled to a pound of flesh, it did not mention that blood should be spilled.
We know that in this country, a large number of companies have been granted tax exemptions without parliamentary approval.
Therefore, if there is a law which provides exemption for disabled persons in tax payments, and it is clearly established that the person seeking exemption is a disabled person, why should we be engrossed in vain legalism when in all situations there could be discretion, available to the public officer dealing with the matter on behalf of the state.
Oheneba Ntim Barimah further stated that Sellasie has petitioned the office of the President for a review and consideration of his appeal.
That is where we all need to team up and bring our voices and pleadings before the President to give kind consideration to the plea of Mr Sellasie. The government and the people of Ghana owe an obligation to show appreciation to the benefactor of Mr Sellasie otherwise we would kill his spirit of giving.
For as our elders say, “Se wo annya biribi amma wase a, wonsan mmo no koronoo”; to wit, if you cannot do anything for your in-law, you do not steal from him or her. We are enjoined at all times to show goodwill towards those who need our support. Beyond that we are exhorted to give in that “omma mu wo nhyira sen ogyee.”
We should not only be talking about ensuring fairness and justice but we must act. It does not make sense to pursue public policy which demands legal recognition for disabled persons, including the setting aside of public funds to support those who can apply their talents to productive use and at the same time deny the those of them who are living economically independent and useful lives what will make life worth living.
We must let the world know that when we wrote in our constitution under Article 29 (7) that “Special incentives shall be given to disabled persons engaged in business,” it was meant to be functional not cosmetic. Therefore, Mr Sellasie needs restitution.
The vehicle must be traced, retrieved and returned to him. For as it is, the spirit of Mr Sellasie has been traumatised and has to be appeased to encourage and motivate him to appreciate being a Ghanaian, otherwise, he will feel scandalised.