The Ghana Medical Association, GMA has filed a conditional appearance in
the case brought against it by the General Secretary of the United
Front Party, UFP, to determine the legality of their strike.
The conditional appearance filed is to give the GMA time to put
together the necessary documents while is seen by others as a process to
delay the case brought against them.
The Accra Fast Track High Court has adjourned the case to August 26.
Lawyer for the plaintiff, Oliver Atsu Abada told journalists that his
client, who is a potential patient has every right to sue.
"My client is an individual who feels aggrieved by the action taken by
the doctors and he feels that as a potential patient he has every right
to seek clarification from court to know whether the actions they have
taken is justified and whether the court wants to give him a hearing. I
always say that this is a moral issue. They have filed a conditional
appearance to indicate that they have a problem with the writ. Beyond
the conditional appearance, they have not filed any other process
because we were scheduled to hear the interlocutory injunction matter
today; which couldn't come on".
Meanwhile the Deputy General Secretary of the Ghana Medical
Association, Dr. Justice Yankson, says filing for conditional appearance
is not an attempt to delay proceedings as some would seek to suggest.
"When we come back the next time, we will put all the reasons down for
the court to know. The rule gives you a period within which to file all
the process you have. And that's what we are going to do between now and
the adjourned date. This isn't strange or against the rules so why are
you saying this is a way to drag the case. We need to do what is right"
he stated.
The Ghana Medical Association has been on strike for about two weeks
now over stalled negotiations on conditions of service. The doctors have
refused to yield to pressure to resume work and go back to negotiations
table as they stick to their roadmap which could see them resigning en
masse soon.
Meanwhile, President Mahama has described the strike as illegal insisting the doctors must return to the negotiation table.
Patients have been turned away from various public health facilities,
leading to death in some cases. A few public health facilities that are
functioning have also been inundated with patients.
The Ghana Medical Association is expected to take its next line of
action at a general meeting expected on Friday, August 14, after
government presented them with a counter proposal on their conditions of
service.
General Secretary of the United Front Party, Listowell Kusi Poku who
took the issue to court is hopeful the court will order the striking
doctors to go back to work.
According to him, he has seen some Ghanaians die as a result of “their illegal strike”.
In the writ dated August 6, and filed at the Labour and Industrial
Division of the Accra High Court, Kusi-Poku finds the conduct of the GMA
as “quite disturbing in view of the crucial role medical doctors play
in any nation’s life and wondered if a strike action should not be the
last resort especially since it had not heard of any negotiations
between the Government or its representatives which had broken down
preceding the announcement that the defendant was embarking on a strike
action.”
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