An act of the constituent assembly of ghana entitled the interpretation act, 1960 an act to provide for the interpretation of the constitution and other enactments. Functions of district assemblies you should know labone express. The minister of local government and rural development hon. I in accordance with article 242 of the constitution, a district assembly shall. Download pdf this legislative act amended certain provisions of the ghanaian constitution concerning dual citizenship, and procedural provisions concerning the legislature. For the purposes of performing his functions under the constitution, this act and any other law, the commissioner may bring an action. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext.
Ghanas constitution of 1992 with amendments through 1996. Ghanas decentralisation process as enshrined in the constitution designates district assemblies as the highest political, legislating, budgeting and planning authority at the local level. Telecommunications in ghana include radio, television, fixed and mobile telephones, and the internetintended for a. Local governance act, 2016 ghana legal information institute. The role of district assemblies in strengthening links of. The creation of districts and constituencies in ghana. Education service was on the list of the twenty two decentralised departments but by the time the local government act, 1993 act 462 was enacted, the ghana education. Commission of human rights act, 1993 act 456 ghana. Government act act 462 of 1993 reinforces the constitutional provisions. The 1992 constitution, under chapter 20 provides an elaborate guarantee for the establishment, practice and development of a decentralised local government administration system.
Functions of district assemblies you should know labone. Local government is enshrined in the constitution, as is decentralisation, and the main relevant legislation is the local government act 1993 act 462. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. In ghana, the civil service law, the local government act, the local government service act and the national development planningsystems act are the main legislations governing administrative decentralization. The country is divided into ten administrative units or regions, each headed by a regional. Amendments to the statutes of the university of ghana 3 university of ghana amendments to the university of ghana statutes this publication contains amendments made to the statutes of the university of ghana published on 1st may 2011. Constitutional amendments on 29 march 1946 enabled the colony to be the first in africa to have a majority of black members in its legislature. It then contains the full constitutional text, as amended. The 1992 fourth republican constitution january 1993 local government act, 1993 act 462 december 1993. Supremacy of the constitution 1 the sovereignty of ghana resides in the people of ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution. No time frame for the creation of districts has been specified. Hajia alima mahama making the presentation observed that, following the passage of the consolidated local governance bill in 2016 act 936 the local government act 1993 act 462 was repealed and currently there is no provision in act 936 that gives the president the mandate to revoke. Act 651 7 the six hundred and fiftyfirst act of the parliament of the republic of ghana entitled labour act, 2003 an act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations.
Some pertinent issues in the current dispensation raymond baguio bening abstract the creation of administrative districts and parliamentary constituencies constitute major aspects of the internal organisation of states. Download ghana constitution 1992 pdf bcfaf6891f ghana elects on national level a head of state, the president, and a legislature. Some pertinent issues in the current dispensation raymond baguio bening. Below is the 1992 constitution of the r epublic of ghana, arranged by chapters. Summary ghana is a constitutional republic with two spheres of government. It ends with a recommendation that the majority of the identified areas be subjected to constitutional or legislative amendme. Legislative elections were held in the gold coast in june 1946.
Ensure that all decisions of the regional council and the repare duly documented and communicated to the appropriate persons and bodies. A highly accessible, easy to use app version of the constitution of ghana the supreme law of the republic of ghana. The constitution of the republic of the republic of ghana 1992 1. Banks and special deposit act, 2016 date of assent. It ends with a recommendation that the majority of the identified areas be subjected to constitutional or legislative amendment. The law states that the civil service forms part of the public services of ghana, and that it comprises service in a civil office of government in both central and local government. Communitybased rural development project p081482p111117 local government capacity support project p122692 name and date of legislationpolicy.
On the other hand, the constitution stipulates the. Feb 14, 2017 act 936 clearly recognises article 195 1 of the constitution which states subject to the provisions of this constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the president, acting in accordance with the advice of the governing council of the service concerned given in. After over 30 years, the 1992 constitution and the local government act 462 of 1993 appears to provide a suitable basis to end ghana s struggle for the. All trademarks and s on this page are owned by their respective owners. Constitution of the republic of ghana amendment act, 1996. It was approved on 28 april 1992 through a national referendum after 92% support. Act 936 clearly recognises article 195 1 of the constitution which states subject to the provisions of this constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the president, acting in accordance with the advice of the governing council of the service concerned given in. Ghana local government act 1993 a comparative analysis in the. The role of district assemblies in strengthening links of accountability introduction ghana has, since independence struggled to establish a workable system of local level administration. All citizens of ghana shall have the right and duty at all times a to defend this constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause 3 of this article. An act to provide for local governance in accordance with the constitution. Therefore, although one could argue that the change in the constitutional rules for ghanas decentralization leading to the 1992 constitution and act 462 occurred through explicit constitutional procedures, one could also argue that the pndc regimes control of the 1992 constitutionmaking process e.
Act 936 and the problematic provisions part i modern ghana. Ghana s constitution of 1992 with amendments through 1996. The lands commission established under article 258 of the constitution shall act in accordance with the constitution and this act. Establishment of district assemblies j the minister shall, by legislative instrument, establish an assembly for each district, municipality and metropolis which, in accordance with clause 3 of article 241 of the constitution, shall constitute the highest political authority in the district. Below is the 1992 constitution of the republic of ghana, arranged by chapters. The evoluation of ghana law since independence assembly is curtailed, however, by the necessity for presidential assent before a bill can become effective, 6 by the prohibition of amendments of the annual estimates money bills submitted by the cabinet,7 and is at least qualified by the special. It should therefore be read together with the aforementioned statutes. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1. The local government act act 462 of 1993 reinforces the constitutional provisions. Local government act 1993 act 462 local government service. In the absence of the regional superintendent, act as the regional superintendent. Subsequently, local government act 462 and local government service act 656 have also been passed to govern the operations of the local government system. Local government service act,2003 amazon web services. Mr azasoo explained that the new act 936 was passed to replace act 462 because it contained limitations, inconsistencies, duplications and conflicts, which made the work of the assembly difficult.
The ghanaian constitution of 1992 invests the creation of districts. The functions of district assemblies established by the 1992 constitution of ghana and the local government act 1993 act 462. Under section 161 1 of the local government act, 1993, act 462,22 decentralized departments at the district level are to cease to exist in their present form and then reconstituted through a series of mergers into 16 departments in the metropolitan assemblies, in the municipal assemblies and 11 in the district assemblies under section 38. To facilitate a holistic approach to the decentralisation process, various. Local government service act, 2003 act 656 other cause from performing the functions of office as member, the president may appoint another person to hold the office of the member until the time that the president is satisfied that the incapacity of that person has terminated or until the term of the member expires whichever occurs first. Ag ghana constitution pages 1 50 text version fliphtml5. Kwamena ahwois paper, which is a distillation of two separate papers, identifies twelve areas of ghanas local government and decentralization system for critical analysis. Section 3application of act 1 except where otherwise provided, the provisions of this code shall apply to all companies formed in ghana, whether before or after the commencement of this code, under the provisions of the companies ordinance, cap. Civil and local government staff association of ghana v attorney general and others j1162016 2017 ghasc 18 14 june 2017. Draft ankobra estuary community based fisheries management.
Browse and navigate ghana constitution in easy, natural real time and advanced. Banks and special deposit act, 2016 act 930 date of assent. In ghana, the civil service law, the local government act, the local government service act and the national development planningsystems act are the main legislations governing administrative decentralization administrative decentralization in ghana involves ministerial restructuring and the establishment of decentralized departments of. Relevant provisions in the 1992 fourth republican constitution. The constitution of the republic of ghana in the name of the almighty god we the people of ghana. Bill in 2016 act 936 the local government act 1993 act 462 was repealed. Jun 17, 2017 mr azasoo explained that the new act 936 was passed to replace act 462 because it contained limitations, inconsistencies, duplications and conflicts, which made the work of the assembly difficult. Functions of the commission i the commission shall, in coordination with the relevant public agencies and governmental bodies, a on behalf of the government, manage public lands and any other lands vested in.
Relevant legislation for decentralization and local governance including. Appointment of ghanas local government chief executives. To facilitate a holistic approach to the decentralisation. The local governmet act, 2010, act 462 and other related constitutional instruments further provide for and regulate the framework within which the system operates.
Ghana local government act 1993 a comparative analysis in. Constitutional economics of ghanas decentralization. Education service act 1995, act 506 and the education act, 2008 act 778 in order to comply with section 31 3 of act 778 that requires that within twelve months of the coming into force of this act, the ghana education service act, 1995 act 506 shall be amended to conform with the provisions of this act. Rethinking decentralization and local government in ghana. Constitution of ghana wikisource, the free online library. I argue that these constitutional rules, embodied in ghanas 1992 constitution and local government act 462, evince both continued dominance of state control over local governance and a systemic transfer of the logics and instruments of the authoritarian provisional national defence council pndc military regime to the choice of. The first meeting of the legislative council was on 23 july 1946. Aug 27, 2015 the functions of district assemblies established by the 1992 constitution of ghana and the local government act 1993 act 462.
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