This Research Report is the product of a review of the legal regime for permit/licensing/certification of businesses to enable them operate in Ghana, and administration of questionnaires and interviews to ascertain the actual cost of administrative corruption and confirm implementation of certain parts of the recommendations contained in the PEF Research Report
The research analysis of administration of questionnaire on the cost of corruption and stakeholder engagements on research findings on the cost of corruption in the licensing regime for businesses in Ghana.
Business Owners, Observers and Staff of Administering agencies recognize that “facilitation fees”, (unofficial payments) that they make to staff of the Administering Agencies to avoid delays in the licensing regime constitutes administrative corruption. The givers justified their actions on the grounds of wanting to avoid unnecessary delays and its attendant costs to their businesses, and staff of Administering agencies justified taking these fees for personal use or as transportation to the field, which indeed facilitates the process.
Administrative corruption is generally defined as profiteering from public posts. It includes a public officer’s abuse of roles, powers, or resources in public bureaucracies.3 Ghana law defines a public official to include any person holding an office by election or appointment under any enactment or under powers conferred by any enactment.
Employees of Administering Agencies are therefore “public officers” for purposes of administrative corruption as these persons are appointed under an enactment and exercise their powers pursuant to an enactment.
A public officer who, to do or for doing an act required of him or her as a public officer, secretly accepts, or agrees or offers secretly to accept any valuable consideration for his or her personal benefit is presumed by law to have acted corruptly. The presumption of corruption by a public officer therefore applies irrespective of whether the valuable consideration was received before or after the act by the public officer on account of the public office.