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The Law-Making Process in Ghana

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The Law-Making Process in Ghana Law-making Process in Ghana: Structures and Procedures Law-making Process in Ghana: Structures and Procedures Table of Contents Foreword 3 Historical Overview of the Ghanaian Legislature 5 Composition of the Parliament of Ghana 6 Legislative Process ( How a Bill becomes a Law) 9 Roles of Organs of Government in Law-making 14 Parliament Committees 16 Private Members’ Bills 18 Effectiveness of the Ghanaian Legislative Process 15 References 20 2 Foreword Foreword One of the goals of the Friedrich-Ebert-Stiftung is to consolidate democracy in Ghana. To achieve this long-term goal, it is important to build the capacities of all public office holders and to have well-informed citizens. The key ingredient to realising this goal is education on roles, rights and responsibilities of every Ghanaian. “Every state Ghana’s legislative process appears to be a complex matter which is reserved to be known by policymakers only. The language of the Constitution is not structure reader-friendly and difficult to understand. is complex To allow all people in Ghana to understand the legislative process and find but in order ways of influencing this, the Friedrich-Ebert-Stiftung cooperated with the Human Rights Advocacy Centre to simplify the process in this book – Law- to make a making Process in Ghana: Structures and Procedures. This book also has a pictorial representation on an A2 poster. contribution to In the book, the introductory part covers the historical overview of Ghana’s policymaking legislature and the composition of the Parliament of Ghana. The crux of this publication – how a draft bill becomes a law – is then discussed. Other as well as sub topics of interest are: the procedure a citizen with legislative concern should follow, how long a bill takes to become a law, roles of governmental influence organisations in law-making and why some bills do not get passed. decisions, it We in the Friedrich-Ebert-Stiftung express our gratitude to the Human Rights Advocacy Centre who cooperated with us on this project. is necessary We acknowledge the fruitful and very useful comments of the Honourable to have an Mr Justice V. C. R. A. C. Crabbe, Statute Law Revision Commissioner, and Dr Bossman Asare of the Political Science Department of the University of insight into Ghana who validated the publication. the political It is our hope that this book will serve as a credible reference source and an system” information material for students, policymakers, advocacy groups and the general public. Daniela Kuzu Resident Director, FES Ghana 3 Historical Overview of the Ghanaian Legislature The Parliament of Ghana is organised into a Unicameral Legislature. There is only one parliament, which exercises all primary legislative functions.1 Article 11 of the 1992 Constitution of Ghana states: “The laws of Ghana shall comprise- (a) this Constitution; (b) enactments made by or under the “ In the authority of the Parliament established by this Constitution; (c) any Orders, Rules, and Regulations made by any person or authority under a power performance of conferred by this Constitution; (d) existing law; and (e) common law.”2 Therefore, chief legislative power has been vested in the Parliament of its functions, Ghana. however, the Although the current constitution vests principal legislative power in parliament, this appropriation of authority was not always the case. In 1850, executive both the first Legislative Council was established to advise the Colonial Governor in enacting legislation. Although this Council prevented direct involvement implements of the people, it served with its enlargement in 1916 under Sir Hugh Clifford as a representation chamber [see Political History of Ghana, Kimble, p433 et and determines sec] as a precursor to today’s representative democracy. law.” In 1925, the Guggisburg Constitution created a Provincial Council for paramount chiefs, representing selected colonial provinces.3 Although the system appeared to recognise African concerns, it continued to be dominated by British interests, which limited the amount of African representation in the government. However, the introduction of the elective principle induced radical change in the political history of Ghana. Both the Burns Constitution of 1946 and the Coussey Committee’s recommendations which formed the basis for the constitution of 1951 altered the structure of government by increasing the number of African representatives. But complete representation was not achieved until 1954.4 In 1951 it was a representative government. In 1954 it was responsible government which paved the way for self-government of Dominion Status in 1957. The constitution of 1954 called for the election of a 104-member assembly, all elected through political representation along party lines. This laid the foundation for the political structure surrounding Ghana’s independence in 1957. Since gaining its independence from British colonial rule, the Parliament of Ghana has continued to improve the lives of Ghana’s citizens by representing their concerns and voicing their opinions at the legislative level. 1http://www.nyulawglobal.org/globalex/ghana1.htm 2Article 11, 1992 Constitution of the Republic of Ghana 3Okudzeto, Sam. “Safeguards for Democracy – the Role of the People”. Problems and Prospects of Democratic Governance in Africa. Friedrich Ebert Foundation, Ghana Office: Accra, 1996. 4Okudzeto, Sam. “Safeguards for Democracy – the Role of the People”. Problems and Prospects of Democratic Governance in Africa. Friedrich Ebert Foundation, Ghana Office: Accra, 1996. 5 Law-making Process in Ghana: Structures and Procedures Composition of the Parliament of Ghana The Legislative branch of the Ghanaian government passes bills which assented to by the President, become the laws which protect the constitutional rights of the citizens of Ghana. The elected body consists of “no less than 140 members.”5 A Member of Parliament must be a citizen of Ghana and must have “attained the age of 21 years and be a registered voter.”6 Article “The Speaker 94 further states: “a Member of Parliament must hold current residence in the area he or she represents or has lived in the area for at least 5 of the 10 of Parliament years preceding his or her election.” All taxes must be paid.7 shall be Criminal cases, bankruptcy, or other judicial issues can prevent a citizen from becoming a Member of Parliament. Article 94 of the 1992 Constitution elected by the outlines possible reasons for someone not being qualified to become a Members of Member of Parliament: (1) A person shall not be qualified to be a Member of Parliament Parliament if he: (a) owes allegiance to a country other than Ghana; or from among (b) has been adjudged or otherwise declared bankrupt under any law in force in Ghana. persons who Other provisions of the constitution outline possible reasons for the ineligibility of candidates for Parliament. If, for instance, a person is a member of “the are members Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service,” or any other service listed or who are in Article 94 of the 1992 Constitution, he is ineligible to become a Member qualified to of Parliament. It is very important to note that even after being elected, a Member of be elected as Parliament can lose his or her seat for a number of reasons. Such reasons include, but are not limited to: “if he is elected as Speaker of Parliament, Members of if he is absent without the permission in writing of the Speaker, if he is expelled [after being] found guilty of contempt of Parliament, [or] if he Parliament.” leaves the party of which he was a member at the time of his election to join another party or seeks to remain as an independent.”8 One of the most important clauses in Article 97 pertains to the act of changing political parties following an election. Although this has not been much of an issue now within Ghana as in the past, other countries have suffered from such acts. Currently, many parties exist within parliament, including the National Democratic Congress (NDC), which is the majority party, and the New Patriotic Party (NPP), which is the minority party. Other political parties within Parliament are the Convention People’s Party (CPP), the People’s National Convention (PNC), and independent candidates. The current Parliament of Ghana has 230 members. 5Article 93, 1992 Constitution of the Republic of Ghana. It is now, in 2010, 230 members. 6Article 94, 1992 Constitution of the Republic of Ghana 7Article 94, 1992 Constitution of the Republic of Ghana 8Article 97, 1992 Constitution of the Republic of Ghana 6 Leadership in Parliament The Speaker of Parliament The Speaker of Parliament presides over Parliament and enforces the observance of the Standing Orders. The Speaker of Parliament “shall be elected by the Members of Parliament from among persons who are members or who are qualified to be elected as Members of Parliament.”9 The Speaker’s decision is never appealed on at any point of order and shall not be reviewed by the House, except upon a substantive motion made after notice. The Speaker must be non-partisan and patient. The Speaker can exercise indirect influence on both the majority and minority to reach consensus when necessary. However, the Speaker has neither an “original nor casting vote.”10 According to the constitution, “no business shall be transacted in Parliament other than an election to the office of the Speaker, “The Speaker 11 at any time when the office
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