The Public Utilities Regulatory Commission (PURC) has stirred controversy with its attempt to fine board members of the Electricity Company of Ghana (ECG) for alleged negligence in providing a regular load-management schedule.
However, a legal battle looms large as attorneys representing the board members challenge PURC’s jurisdiction to impose fines on individuals rather than the utility company itself.
PURC announced a hefty fine of GH¢5.8 million against ECG board members who served from January 1 to March 18, 2024.
The penalty was attributed to the board’s failure to furnish a load-shedding schedule amidst power outages experienced earlier this year.
Legal representatives for the affected board members have swiftly contested PURC’s actions, arguing that the commission lacks the authority to penalize individuals for matters concerning the operation of a public utility.
They maintain that PURC’s mandate extends solely to imposing fines on the utility company (ECG) itself, not on its board members.
The crux of the legal dispute lies in the interpretation of regulatory jurisdiction, with attorneys emphasizing that PURC’s attempt to fine board members exceeds its legal bounds as only the court can lift the veil according to company law to fine board members.
They assert that the commission’s actions contravene established legal principles and undermine the rules of natural justice they have not even given the board members the opportunity to defend themselves.
