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In Ghana Play Very Important Roles in Administration and Development at the Local Areas

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In Ghana Play Very Important Roles in Administration and Development at the Local Areas Local governments in Ghana play very important roles in administration and development at the local areas. The Decen- tralisation Policy of Ghana devolves power, functions and responsibility as well as human and financial resources from the Central Government to the district level. It also establishes major areas of relationship between the Local Government and the Central Government. Notwithstanding the laudable idea A GUIDE TO behind the Decentralisation Policy, the various laws on Local Government are not in simple language. This book, therefore, provides information that is handy, easily accessible and user- DISTRICT ASSEMBLIES friendly to assist Local Government functionaries and practitio- ners to understand their roles and responsibilities in order to ensure effective local administration. IN GHANA A GUIDE TO DISTRICT ASSEMBLIES IN GHANA This publication has been made possible by the Institute of Local Government Studies and the Friedrich-Ebert-Stiftung Ghana. The Institute of Local Government Studies (ILGS) started in 1999 as a project of the Ministry of Local Government and Rural Development. The ILGS exists to strengthen the capacity of District Assemblies, Regional Coordinating Councils and other interested parties to deliver efficient and effective local governance in Ghana by providing excellent management education, training and development, research and consul- tancy, information mobilisation and dissemination services, The Friedrich-Ebert-Stiftung (FES) is a political not-for-profit organisation with offices worldwide. It has been operating in Ghana for over 40 years now. Some of the topics FES works on are: political participation, economic development & social justice, security policy, gender and youth. ©Friedrich-Ebert-Stiftung Ghana, November 2010 www.fesghana.org Support and Cooperation Democracy and Pluralism Knowledge and Life-Long Education ISBN 9988-572-13-1 Edited & Published by: Friedrich-Ebert-Stiftung Ghana Cover Design & Layout: Desire Clarke The views expressed in this publication are not necessarily those of the Institute of Local Government Studies or the Friedrich-Ebert-Stiftung. A GUIDE TO DISTRICT ASSEMBLIES IN GHANA Table of Contents Acronyms 7 INTRODUCTION 9 CHAPTER 1: THE EVOLUTION AND HISTORY OF LOCAL GOVERNMENT AND DECENTRALISATION IN GHANA 11 The Pre-Independence Era 11 From 1957 – 1987 12 1988 and Beyond 15 CHAPTER 2: STRUCTURE OF THE LOCAL GOVERNMENT SYSTEM 17 Introduction 17 Composition or Membership 18 Regional Coordinating Councils (RCCs) 18 Metropolitan or Municipal or District Assemblies (MMDAs) 19 Sub-district Political and Administrative Structures 21 The Structure of the District Assembly 25 Qualification 27 Disqualification 28 Declaration of Vacancy 28 Termination of Membership of District Chief Executive (DCE) 28 CHAPTER 3: FUNCTIONS OF THE METRPOLITAN OR MUNICIPAL OR DISTRICT ASSEMBLIES (MMDAs) 29 Introduction 29 Legislative 29 Financial Control 31 Executive Function of the Assembly 32 Representational 33 Deliberative and Administrative 33 CHAPTER 4: FUNCTIONARIES OF THE DISTRICT ASSEMBLY 37 Introduction 37 The District Chief Executive (DCE) 37 Presiding Member of Assembly 38 The Members of Parliament (MPs) 39 The District Coordinating Director (DCD) 39 The Assembly Member 39 Unit Committee Members 40 CHAPTER 5: STANDING ORDERS OF THE DISTRICT ASSEMBLY 43 Introduction 43 Types of Meetings 43 Notice of Meetings 45 Forming Quorum 45 A Meeting Convened Improperly 46 The Presiding Member (PM) (Part 3 of Standing Order) 46 Procedures for Approval of the President’s Nominee 48 Vote of No Confidence 48 Motions 49 Questions 49 Adjournments 50 Rules of Debate 50 The Committee of the Assembly 51 CHAPTER 6: THE COMMITTEE SYSTEM 53 Introduction 53 Types of Committees 53 Executive Committee 54 Public Relations and Complaints Committee 55 Sub-committees 55 Composition or Membership 56 Chairpersons of Committees 57 Tenure of Committees 57 General Powers of Committees 57 Procedures of Committees 58 Functions of Committees and Sub-committees of the District Assembly 59 District Security Committee 62 Metropolitan Authority 63 Metropolitan Planning Board 63 Board of Metropolitan Works 63 Board of Administration 64 Related Departments to the Committees 65 CHAPTER 7: BEHAVIOUR, CODE OF CONDUCT AND ETIQUETTE 67 Introduction 67 Code of Conduct 68 Etiquette 69 CHAPTER 8: THE DUTIES OF AN ASSEMBLY MEMBER 71 To the Nation 71 To the District Assembly 72 To the Community 73 CHAPTER 9: DECISION-MAKING AND CITIZENS’ PARTICIPATION IN THE DISTRICT ASSEMBLY 75 Introduction 75 Who Participates? 76 Modes for Participation 76 Legal Provisions for Participation 77 1992 Constitution 77 Local Government Act, 1993 (Act 462) 78 National Development Planning (System) Act, 1994 (Act 480) 79 Local Government (Urban, Zonal and Town Councils and Unit Committees) (Establishment) Instrument (1589), 1994 79 CHAPTER 10: THE LOCAL GOVERNMENT SERVICE 81 Introduction 81 Functions of the Local Government Service 83 Head of the Service 83 Local Government Service Secretariat (LGSS) 84 LGSS – Medium Terms Development Plan (MTDP) 84 Achievements to Date (LGS) 85 Collaborating Agencies 86 CHAPTER 11: OTHER STAKEHOLDERS IN THE DISTRICT ASSEMBLY 87 Introduction 87 Traditional Authorities 88 Faith-based Organisations 88 Civil Society Organisations, Community-based Organisations and Non-governmental Organisations 89 Private Business Sector 90 The Media 90 National Association of Local Authorities of Ghana (NALAG) 91 National Commission for Civic Education 92 The Electoral Commission 92 CHAPTER 12: THE DISTRICT ASSEMBLIES INTERFACE WITH NATIONAL FRAMEWORK 95 Introduction 95 The Sub-district Structures (SDS) 95 MMDAs and the District Development Planning Unit (DPCU) 96 MMDAs and the District Tender Boards 96 MMDAs and the Regional Coordinating Council 96 MMDAs and the District Assembly Common Fund Secretariat 96 MMDAs and Ministries, Departments and Agencies (MDAs) 97 MMDAs and National Development Planning Commission (NDPC) 98 MMDAs and Member(s) of Parliament (MP) or Parliament of Ghana 98 Reference 99 Glossary 100 Acronyms CBOs Community-based Organisations CSOs Civil Society Organisations DA District Assembly DACFS District Assemblies Common Funds Secretariat DCE District Chief Executive DDF District Development Fund EC Executive Committee FOAT Functional and Organisational Assessment Tool IGF Internally-generated Funds ILGS Institute of Local Government Studies IRS Indirect Rule System LI Legislative Instrument MDAs Ministries, Departments and Agencies MLGRD Ministry of Local Government and Rural Development MMDAs Metropolitan or Municipal or District Assemblies NGOs Non-governmental Organisations NPP New Patriotic Party PM Presiding Member PNDC Provisional National Defence Council SDSs Sub-district Structures 7 Introduction Introduction Local governments in Ghana play very important roles in adminis- tration and development at the local areas. The 1992 Constitution of the Republic of Ghana provides for “Decentralisation and Local Government” that creates a framework for citizens’ participation in decision-making and local governance. The Decentralisation Policy of Ghana devolves power, functions and responsibility as well as human and financial resources from the Central Govern- ment to the district level. It also establishes major areas of rela- tionship between the Local and Central Government. The Local Government in Ghana has a long history, which predates colonial- ism. During the colonial era, the native authorities were used to facilitate communication and decision-making in their areas of jurisdiction. After independence, successive governments imple- mented various forms of Decentralisation and Local Government policies. However, the current Decentralisation Policy was initiated in 1988. Ghana’s decentralisation process as enshrined in the Constitution designates District Assemblies as the highest political, legislating, budgeting and planning authority at the local level. The Local Government Act (Act 462) of 1993 reinforces the constitutional provisions. To facilitate a holistic approach to the decentralisation process, various structures have been created at the sub-national level with the Regional Coordinating Council (RCC) as a coordinat- ing body. Below the RCC are the Metropolitan or Municipal or District Assemblies (MMDAs) and the Sub-district structures. 9 A Guide to District Assemblies in Ghana Notwithstanding the laudable idea behind the Decentralisation Policy, practitioners and decision-makers at the local level do not have adequate information and knowledge on the functions and responsibilities of the MMDAs. The various laws on Local Gov- ernment are not in simple language. Again, it is difficult to have access to the various Local Government laws. Moreover, there are some stakeholders who do not have enough information to understand the workings of the District Assembly in order to ef- fectively participate in the decision-making process. It is therefore imperative to provide information that is handy, eas- ily accessible and user-friendly to assist Local Government func- tionaries and practitioners to appreciate how decisions are made at the MMDAs level. In addition, it is therefore intended to help district assemblies’ functionaries to understand their roles and responsibilities in order to ensure effective local administration. 10 Chapter 1 The Evolution and History of Local Government and Decentralisation in Ghana The Pre-Independence Era Governance and for that matter, local governance did not
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