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02 CONTENT DAILY HERITAGE MONDAY, MAY 28, 2018 DAILY QUOTE In every day, there are 1,440 minutes. That means we have 1,440 daily opportunities to make a positive impact. — Les Brown ANNIVERSARIES Friday June 15 Eid ul-Fitr Monday July 02 Republic Day Wed. August 22 Eidul-Adha Published by: EIB Network / Heritage Communications Ltd. Managing Editor: William Asiedu: 0208156974 Editor: Kofi Enchill: 0265653335 ISSN: 0855-52307 VOL 7 Location: Meridian House (Starr FM) Ring Road. Box AD 676, Adabraka, Accra,Ghana. Telephone: +233-0302- 236051, 020-8156974 026-5653335 www.dailyheritage.com.gh Adverts/Mktg: Paul Ampong-Mensah 024-4360782 Fax: +233-0302-237156 Email: news@dailyheritagegh.com.gh heritagenewspaper@yahoo.co.uk FOREIGN HEALTH South Africa's Ramaphosa gives half his pay to Mandela charity PG.04 Deforestation risk to African natural resources – TFA 2020 ARTS & ENT SPORTS Sebastian’s Closet ATL launches Menswear Boutique PG.13 Nana Addo must clear the FA — Rev. Osei Kofi PG.07 PG.15 AMA cleared not to renew contract BY MUNTALLA INUSAH muntalla.inusah@dailyheritage.com.gh • Signed under Okoe Vanderpuye THE HIGH Court in Accra, presided over by Justice Kwaku Tawiah Ackaah- Boafo, has dismissed an application by SW Global Limited to stop the Accra Metropolitan Assembly (AMA) from engaging any other company to render Information Technology services to the AMA. It was the case of the plaintiff that it signed an Information Technology Services Agreement with the AMA during the days of Alfred Okoe Vanderpuye on January 29, 2010 and by the terms of the agreement it was to provide revenue collection services to the AMA through its electronic medium using its Information Technology platform. The company said it was surprised to realise later that an advertisement had been placed in the media for companies to provide the same services they had been engaged to provide. SW General Limited argued that the initial agreement was for seven years and according to them, because the effective date of the agreement was the same as the signature date of January 29, 2010, the initial term expired on January 28, 2017. “It is the case of the plaintiff that in compliance with a clause of the agreement, on July 4, 2016 it caused its solicitors to write to the Defendant to notify it of its “decision, willingness and readiness to renew the Agreement upon the expiration of the initial term of the con- “It is the case of the plaintiff that in compliance with a clause of the agreement, on July 4, 2016 it caused its solicitors to write to the Defendant to notify it of its “decision, willingness and readiness to renew the Agreement upon the expiration of the initial term of the contract,” it stated. • Alfred Okoe Vanderpuye tract,” it stated. The AMA, which opposed the application in its affidavit, denied that its officers met with the plaintiff to discuss terms for the renewal of their contract since it had notified the plaintiff of its intention not to re-engage the plaintiff. Ruling Justice Ackaah-Boafo, the sitting judge, after hearing arguments from both counsel ruled that it was clear the parties intended to have a first seven-year agreement and with the potential for renewal if they could agree. According to the court, having reviewed the clause and considered the arguments of both counsel, the court is of the respectful opinion that it was clear that though clause 9.1 was not elegantly constructed, it did not place any obligation on the AMA to renew the agreement. “I cannot, with respect, accept the position of the plaintiff. I am of the opinion that the requirement of notification to a party of the agreement is to enable the party being a signatory of the agreement to decide whether to renew or not, …that would be in accord with a party’s freedom to contract and therefore in accord with principle and common sense as well. The use of the ‘shall’ in the context of Clause 9.1 of the Agreement does not make it mandatory based on purposive interpretation of the clause,” the court ruled.
WWW.DAILYHERITAGE.COM.GH DAILY HERITAGE MONDAY, MAY 28, 2018 03 Soldiers torture traders • At Mallam Market BY PHILIP ANTOH philip.antoh@dailyheritage.com.gh TRADERS AT Mallam Market in the Ga West Municipality of the Greater Accra Region have called on the Ministry of Defence to immediately recall military personnel detailed to protect a portion of the Mallam Market. The traders say their reason is that the soldiers have allegedly been subjecting them to constant assault. They claimed that local security guards and workers at the market are beaten up at the slightest provocation. The alleged assault, the traders say, has created an environment of insecurity which requires urgent attention by the military high command. Mr Seth Adjei, a truck pusher and a recent victim of the alleged attack, told the DAILY HERITAGE he was beaten mercilessly because he had issues with one of the women who sells corn dough at the market. • The victim Mr Adjei said on Tuesday, May 15, 2018, he had an issue with a trader but instead of having the misunderstanding settled by the executives of the market, the woman walked to the soldiers and reported the case. “The traders settled the impasse and as I was going through my normal duties, a soldier held me by my neck and gave me two hot slaps and pulled me to the Stanley Owusu Yard,” Mr Adjei stated. He said the soldiers used the side of a machete to beat him, made him kneel and walk on chippings for an hour, which resulted in bruises all over his body. Mr Adjei said “after the assault I was sent to the Ga West Municipal Hospital, where I was directed to the Mallam Police Station but was later referred to the Odorkor Divisional Police Command to lodge official complaint.” Another victim, Mr Richard Appiah, head of the local security at the market, alleged that he had been assaulted four times by some of the military officers. Mr Appiah alleged among others that the soldiers used a machete, a cane and other things to beat him mercilessly, leading to him suffering serious bruises. He said he reported the case to the Odorkor Divisional Command, where a medical report was issued. “In all these instances, the soldiers have failed to explain to me my crime,” he stated. Soldiers decline comment Efforts by the DAILY HERITAGE to get reactions from the military personnel at the Mallam Market proved futile. The personnel declined comment on the allegations and referred the reporter to the Chief of Defence Staff and the Ministry of Sanitation and Water Resources. Call for action The chairman of the Mallam Traders Association, Mr Nart Beaumonts, called on the military high command to immediately call the military personnel at the market to order to avert any clash between traders and the soldiers. “The traders settled the impasse and as I was going through my normal duties, a soldier held me by my neck and gave me two hot slaps and pulled me to the Stanley Owusu Yard,” Mr Adjei stated. • The victim
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