THE LOCAL GOVERNMENT SYSTEM IN ghana GHANA SUMMARY Ghana is a constitutional republic with two spheres of government: national and local. Local government is enshrined in the constitution, as is decentralisation, and the main relevant legislation is the Local Government Act 2016 (Act 936). The country is divided into ten administrative units or regions, each headed by a regional appointed by the president. There are three types of assemblies at the higher levels of local government: metropolitan, municipal and district. There are also sub-structures that do not hold any legislative or rating powers and undertake activities delegated to them by the assemblies: sub-metropolitan, district, urban, town, zonal and area councils and unit committees. Following the 2015 local elections 4.7% (276/5,930) of councillors in Ghana were women, down from 6.7% in 2010. The district assemblies are responsible for the setting and collecting of local revenue. There are also numerous grants transferred from national to local government, the most important of which is the District Assemblies Common Fund which provides for an allocation of no less than 5% of total government revenue to district assemblies annually. The assemblies are responsible for the overall development of the district, including the promotion of local economic development, basic education and public health, environmental protection and sanitation, and the improvement and management of human settlements.

1. NATIONAL GOVERNMENT 2.2 Main legislative texts Ghana is a constitutional republic with a The main legislative texts relating to local unicameral parliament.14.1 The head of state government in Ghana are: and government is the president, Civil Service Law 1993 (PNDCL 327) who is directly elected for a maximum National Development Planning of two four-year terms by universal adult (System) Act 1994 (Act 480) suffrage, with a minimum of 50% of the KEY FACTS National Development Planning vote. The 275 members of parliament (MPs) Commission Act 1994 (Act 479) are directly elected by universal suffrage POPULATION (2020 estimate): Institute of Local Government from single-seat constituencies under the 31,155,262 Studies Act 2003 (Act 647) first-past-the-post system for four-year n AREA (UN 2006): terms. The cabinet, known as the Council n Internal Audit Agency Act 2003 (658) 238,533 sq km of Ministers, is nominated by the president nn Local Government (Departments of and approved by parliament. There is also District Assemblies) Commencement CAPITAL: an advisory hereditary House of Chiefs. Instrument 2009 (LI 1961). Accra The president has an appointed advisory nn Local Government Act 2016 (Act 963) body, the Council of State, made up of 25 with Amendment (Act 940)16.2b CURRENCY: Ghana cedi (GHS) prominent citizens. Of these 25, there must nn Public Financial Management Act be one member who has held each of the 2016 (Act 921) HEAD OF STATE AND GOVERNMENT: following positions: chief justice, chief of nn Land Use and Spatial Planning Act President Nana Akufo-Addo defence, staff inspector-general of police, 2016 (Act 925) and president of the national House of FORM OF GOVERNMENT: nn National Development Planning Chiefs. One further representative member constitutional republic (System) Regulation 2016 LI 2232 is indirectly elected from each of the ten PARLIAMENTARY SYSTEM: regions by an electoral college made up A decentralisation policy framework was unicameral of two nominated councillors from each adopted in 201016.2c and a local economic district within the region; and the final 11 STATE STRUCTURE: development policy in 2013.16.2d members are appointed by the president. unitary

2.3 Proposed legislative changes LANGUAGES: 2. LEGAL BASIS FOR English (official); Akan, Dagaare, Dagbani, The government is undertaking a review LOCAL GOVERNMENT Dangme, Ewe, Ga, Gonja, Kasem, Nzema of local government, which includes 2.1 Constitutional provisions (government-sponsored) a commitment to introduce direct Local government is enshrined in election of metropolitan, municipal and Article 241/3, as is decentralisation NATIONAL ELECTIONS: district chief executives (MMDCEs). This (Article 240/2).16.2a Article 35 requires last: 2016; turnout: 69.3%; next: 2020 proposal will be subject to a referendum the state ‘to take appropriate measures on the constitutional changes WOMEN IN PARLIAMENT (2016): to ensure administrative and financial required.16.2e 12.7% decentralisation and to give opportunities to people to participate in decision- LOCAL ELECTIONS: making at every level in national life 2.4 Traditional leadership last: 2019; turnout: data unavailable at and government’. The constitution also Traditional leaders are accorded the time of publication; next: 2023 establishes the District Assemblies prominent roles in Ghanaian local WOMEN COUNCILLORS: Common Fund (DACF) and provides for government, in acknowledgement that 4.7% (2015) not less than 5% of total government a number of district assembly areas have revenues to be paid into it for use by been carved out of areas of jurisdiction LOCAL GOVERNMENT EXPENDITURE district assmeblies for development (see of traditional authorities. Nine per cent of as a percentage of total government section 9.3.1 for more details). assembly seats are reserved for traditional expenditure 2020: 1.8%

www.clgf.org.uk/ghana 73 THE LOCAL GOVERNMENT SYSTEM IN ghana

Table 16.1a Distribution of councils and population

Number of assemblies Number of sub-districts Population Region estimate % rural Metropolitan Municipal District Urban district Town Area Zone Unit (2020) (2010 Census)

Ahafo 0 3 3 n/a n/a n/a n/a n/a 613,049 na

Ashanti 1 18 24 n/a n/a n/a n/a n/a 5,924,498 39.4

Bono 0 5 7 n/a n/a n/a n/a n/a 1,168,807 na

Bono East 0 3 8 n/a n/a n/a n/a n/a 1,133,765 na

Central 1 7 14 n/a n/a n/a n/a n/a 2,605,492 52.9

Eastern 0 13 20 n/a n/a n/a n/a n/a 3,318,853 56.6

Greater Accra 2 23 4 n/a n/a n/a n/a n/a 5,055,883 9.5

North East 0 2 4 n/a n/a n/a n/a n/a 588,800 na

Northern 1 10 5 n/a n/a n/a n/a n/a 1,948,913 na

Oti 0 2 6 n/a n/a n/a n/a n/a 759,799 na

Savannah 0 1 6 n/a n/a n/a n/a n/a 594,712 na

Upper East 0 3 12 n/a n/a n/a n/a n/a 1,302,718 79.0

Upper West 0 4 7 n/a n/a n/a n/a n/a 868,479 83.7

Volta 0 6 12 n/a n/a n/a n/a n/a 1,907,679 na

Western 1 8 5 n/a n/a n/a n/a n/a 2,214,660 na

Western North 0 3 6 n/a n/a n/a n/a n/a 949,094 na

TOTAL 10 6 111 143 34 250 108 626 ∼16,000 30,955,201 49.1

Source: MLGRD communication with CLGF, and 2010 Census16.3a and population estimates 2015–2016.3b leaders and there are also seats reserved metropolitan, district, urban, town, zonal 3.3 Council types for them on the RCCs (see section 3.2). and area councils, and unit committees. The metropolitan assemblies cover Traditional rulers beat the gong for urban areas with populations over assemblies to ensure maximum 3.2 Ministerial oversight 250,000. Municipal assemblies are attendance during communal labour; The Ministry of Local Government single-town councils with populations they also contribute to the resources of and Rural Development (MLGRD)16.3c of 95,000 or more. The district assemblies through land revenue, help is responsible for local government, assemblies cover a wider geographical to preserve customs and culture, declare including: area combining rural areas and small or interpret customary laws and liaise towns. The metropolitan structure is nn local government policy between local communities and local four-tiered while the municipal and nn monitoring the effectiveness of local government units. district assemblies have a three-tiered government and the decentralisation system. The lower tiers are called sub- process 2.5 National urban policy structures and comprise town, area, nn advising government on local zone and unit.)16.3d The National Urban Policy Framework government issues 2012 and Action plan launched in 2013. nn promoting and administering local The policy provides the framewrk for 3.3.1 Assemblies: District, metropolitan government training institutions coordination among urban development and municipal assemblies all have the nn acting in an advisory capacity to stakeholders and facilitates a multi- same internal political structures. The district assemblies and approving sectoral approach. It also supports political–administrative head in each their by-laws. cooperation between national and local district is the district chief executive governments to allocate the necessary (DCE), a post similar to an executive resources for public and private The supervisory role of the MLGRD has mayor. The DCE is responsible for the activities.14.2f in some cases led to the suspension executive and administrative functions of district assemblies where financial of the district assembly. S/he is also irregularities were discovered. ‘the chief representative of the national 3. STRUCTURE OF LOCAL GOVERNMENT government in the district’. 3.1 Local government within the state However, the power to suspend Seventy per cent of members of the The assemblies are the highest units of assemblies is vested in the president. assembly are elected by universal adult local government. There are three types: Ghana also has a network of regional suffrage, whilst 30% are appointed six metropolitan, 56 municipal and coordinating councils (RCCs), which by the president on the basis of their 154 district assemblies. There are also comprise representatives from the experience and specialised expertise. sub-district political and administrative district assemblies and traditional MPs representing constituencies in structures which are subordinate bodies authorities in the region, and are chaired each district are ex-officio members of of the assemblies. These include sub- by regional ministers. the assembly. The district assembly is required to meet at least three times

74 www.clgf.org.uk/ghana COUNTRY PROFILE 2019 THE LOCAL GOVERNMENT SYSTEM IN ghana

each year. It is led by an executive 4.2 Voting system 5. SYSTEMS FOR committee comprising not more than Elections to all tiers of local government INVOLVEMENT one-third of all assembly members, which are held concurrently every four years 5.1 Legal requirement reports to the assembly. The executive and cannot be held within six months of The Local Government Act 1993 provides committee is indirectly elected by the national elections. for the following: assembly in full session and is open to all Elections to the district assemblies nn citizen issues: a citizen can submit the councillors except the chairperson. are conducted by secret ballot using a memorandum on an issue to the the first-past-the-post system. All assembly, and assembly meetings are The executive committee normally elected assembly members represent open to the public. has a number of sub-committees – single-member wards and must stand nn power of recall: the electorate has development planning, social services, independently of any political party. To the power to revoke the mandate works, justice and security, finance qualify to be elected, individuals must be of their representative in the district and admini­stration –­ which make citizens of Ghana, 18 years old, ordinarily assembly by petitioning the electoral recommendations to the executive resident in the district and paid-up on commissioner to that effect. A committee. With the exception of the their taxes and rates. process is then set in motion which chairperson, all assembly members may lead to the recall of the member. must sit on at least one sub-committee. 4.3 Elected representatives (see section 4.3) The assemblies have full discretion to Assembly members serve a four-year nn recourse to assembly members: establish further committees as they see term and can stand for unlimited re- each member is required by law to fit. They are also empowered to establish election. Assembly members may be consult the electorate on issues to be committees jointly with other assemblies recalled by the electorate, though the discussed in the assembly and collate for any project in which they hold a joint procedure is relatively complex as follows: their views, opinions and proposals; interest. Such joint committees must a petition signed by 25% of the district to present these to the assembly; to report to the executive committees of the electorate triggers a referendum, 40% meet his/her electorate before each districts involved. of the electorate must participate, and meeting of the assembly and report a 60% majority of ballots cast must be to them the general decisions of the 3.3.2 Town, area, zonal and unit in favour of the removal of the assembly assembly; and to maintain frequent committees: These sub-structures do not member, in order to make the recall liaison with organised social and hold any legislative or rating powers. The legally binding. Appointed members may productive civil society groups. town/area/zonal councils are composed of also be removed through a mechanism nn development planning: Ghana five representatives of the district assembly, in which the district assembly makes encourages a bottom-up approach ten representatives of unit committees the case to the president. The DCE has by which development planning in the area and five persons appointed a four-year term of office and he or is initiated at community level and by the government. They are delegated she may not serve for more than two harmonised at the district and national tasks by the assemblies. The intermediate- consecutive terms. The DCE is nominated levels. Public hearings to obtain input tier councils and unit committees are by the president and must receive the from local people are required at both composed of representatives of the district approval of two-thirds of the assembly. the community and district level. assemblies. Similarly the unit committees, The presiding member of the district the lowest level of the structure, have assembly – the chairperson – is indirectly both elected and appointed members. elected by the district assembly and must 5.2 ICT use in citizen engagement There are around 16,000 unit committees command a two-thirds majority in order Most districts have active websites 14.5 countrywide. to take office. through which to engage their citizens.

4. ELECTIONS 4.4 Women’s representation 6. ORGANISED LOCAL GOVERNMENT Elections are overseen by the Electoral The proportion of women councillors The National Association of Local 14.6 Commission416.4a following the 2015 local election was 4.7% Authorities in Ghana (NALAG) is (276/5,930), down from 6.7% following the the local government association. 4.1 Recent local elections 2010 elections, the lowest since the turn of Membership is voluntary but all district assemblies have opted to be members. Local elections were last held in 2015, the millenium (see table 14.1b). The current with the next elections scheduled for proportion of DCE’s that are women is November 2019.14.4a not known; however it was 5.8% (8/138) in 2006.

Table 16.1b Women councillors and mayors following the last six local elections

Election 1994 1998 2002 2006 2010 2015

Councillors # % # % # % # % # % # %

Female councillors 122 2.9 196 4.1 341 7.4 478 10.1 412 6.7 276 4.7

Male councillors 4,082 97.1 4,624 95.9 4,241 92.6 4,254 89.9 5,681 92.1 5,654 95.3

Total councillors 4,204 100.0 4,820 100.0 4,582 100.0 4,732 100.0 6,093 100.0 5,930 100.0

District chief executives # % # % # % # % # % # % (DCE’s)

Female DCE’s na na na na na na 8 5.8 na na na na

Male DCE’s na na na na na na 130 94.2 na na na na

Total DCE’s na 100.0 na 100.0 na 100.0 138 100.0 na 100.0 na 100.0

Source: Boateng and Kosi 201514.4b www.clgf.org.uk/ghana 75 THE LOCAL GOVERNMENT SYSTEM IN ghana COUNTRY PROFILE 2019

Table 16.2a Income and expenditure for local government 2016/17 9.3.1 District Assemblies’ Common Fund

Income GHSm Expenditure GHSm The DACF was established by Article 252 of the constitution and is allocated Centre–local transfers Administration annually by parliament. It comprises not less than 10% of the total revenues Staff salaries 461,660 Staff 461,660 of the national government and is payable in quarterly instalments to Capital expenditure 2,000 Capital expenditure 2,000 the district assemblies to support ODA expenditure 19,223 ODA expenditure 19,223 development activities. It was created primarily to address the funding of District Assemblies Common Fund 19,223 Services development (capital) projects in the districts, and is disbursed on the basis Goods and services 23,728 Goods and services 23,728 of a formula approved by parliament annually. Formula factors usually Locally raised revenue District Assemblies Common Fund 19,223 include population, needs, equalisation, Property taxes na responsiveness and service pressure in the districts, though the weight of each Licences and fees na factor may vary from year to year. These factors have been the subject of Other na controversy because of the unreliable TOTAL INCOME 506,611 TOTAL EXPENDITURE 506,611 statistical data used in their determination. Ten per cent of the DACF is held nationally Source: 2017 Budget statement16.9a as a ‘reserve fund‘, while 90% is shared out. Half the 10% ‘reserve fund is allocated 7. INTERGOVERNMENTAL RELATIONS However, estimates of the national to MPs for development activities in their The RCCs (see section 3.2) provide government contribution to projects respective constituencies. The DACF is an interface between the different (particularly from the DACF) must be administered by district assemblies under spheres of government. Their key role nationally approved before any transfers are directives issued by the Minister of Local is to ensure effective coordination of made. The approved development plans Government and Rural Development. development activities in the regions. and budgets of district assemblies are Among others, these functions include collated by the RCCs and then submitted 9.4 Loans the formulation of district development to the NDPC for approval. Budgets for plans, the approval of building by-laws, development plans are then submitted by Loans can be sought by local the issuance of building permits and the RCCs for the approval of the Ministry governments with approval of the the approval of development permits. of Finance. District assemblies are not . The planning functions of the district permitted to set deficit budgets. assemblies are enshrined in Part II of 9.5 Local authority staff the Local Government Act 1993, and 9.2 Locally raised revenue The remuneration received by assembly strong links have developed between The district assemblies are responsible members is determined by each the assemblies and the National for the setting and collecting of local district assembly and paid out of its Development Planning Commission revenue. Areas of competence include: own funds. The Local Government (NDPC). There is recognition of the need nn rates and fees Service Secretariat (LGSS), a national to build and enhance the planning body, recruits local government staff, nn rents, fines and licences capacity of district assemblies. This part although the local authority does nn investments and income from of the Act also discusses the linkages have the power to employ, discipline commercial activities between district assemblies, RCCs and and dismiss various categories of staff. national management agencies. nn loans (with Minister of Finance approval). National government staff can be deployed to local government and the 8. MONITORING SYSTEMS 9.3 Transfers salaries of such staff are drawn from their The Ghana Commission for Human There are numerous funds transferred sponsoring ministry’s budgets. District Rights and Administrative Justice from national to local government: assemblies are required to have certain (CHRAJ) and the judicial system provide nn grants-in-aid officers, namely: a district coordinating opportunities for citizens to hold their nn specialised funding sources (eg timber director (the head of the paid service), a assemblies accountable for their actions. royalties, Mineral Development Fund) finance officer, a development planning officer and a local government inspector. The auditor general audits all assemblies nn funds from development partners The town/area/zonal councils should annually and submits a report to nn funds from the IMF/World Bank’s have a secretary, an accounts officer and parliament for necessary action. ‘HIPC’ debt relief programme a typist. However, many of these councils Each district is obliged to establish a nn District Assemblies Common Fund. do not have a full complement of staff. complaints committee presided over by the assembly chairperson, where public Table 16.2b Local government expenditure complaints are reported for redress. as a percentage of total government expenditure 2016/17

9. FINANCE, STAFFING AND RESOURCES 2016/17 Budgeted 9.1 Local government expenditure GHSm Each district assembly must present an annual development plan and budget Total government expenditure 70,555,288 estimates to its general assembly for Total local government expenditure >506,611 approval. The assembly is empowered to raise internal revenue to finance some of Local government expenditure as a percentage of total government expenditure >0.7% the development activities. Source: calculated by CLGF from the 2017 Budget Statement16.9

76 www.clgf.org.uk/ghana COUNTRY PROFILE 2019 THE LOCAL GOVERNMENT SYSTEM IN ghana

10. DISTRIBUTION OF SERVICE 16.2a Constitution of Ghana www.ijsrp.org/research- DELIVERY RESPONSIBILITY www.politicsresources.net/docs/ paper-1015/ijsrp-p46116.pdf 10.1 Overview of local government ghanaconst.pdf 16.5 Link to all 170 district websites service delivery responsibility 16.2b Local Government Act 2016 www.ghanadistricts.com/districts Service provision to citizens is a https://lgs.gov.gh/index.php/local- 16.6 National Association of Local responsibility shared between the governance-act-of-2016-act-936 Authorities in Ghana different levels of government in Ghana. 16.2c Decentralisation policy www.giz. www.nalag.org In general national government retains de/en/downloads/en-national- 16.7 No reference for this section control over policy for service delivery, decentralization-policy.pdf 16.8 No reference for this section while the provision of facilities and 16.2d Local economic development 16.9 2017 Budget statement: implementation of policies are shared. For policy www.mlgrd.gov.gh/ctn- Summary of MDA expenditure example, the assemblies are responsible media/filer_public/63/61/6361dbfa- allocation, page 189 www. for the provision of basic education, but a701-4128-bd5a-d61ed16ef62f/ mofep.gov.gh/sites/default/files/ national government retains control local_economic_development_ budget/2017%20BUDGET%20 over education policy. The districts policy_led.pdf STATEMENT%20AND%20 are also responsible for public health, 16.2e New Patriotic Party election ECONOMIC%20POLICY.pdf environmental protection and sanitation. manifesto 2016, page 141 http:// 16.10a ‘Ghana Factors SDGs into Social welfare is a shared responsibility newpatrioticparty.org/docs/2016- Development Framework’ with national government, and planning a manifesto-full.pdf www.ghana.gov.gh/index.php/ shared responsibility with RCCs. 16.2f Ghana national urban policy news/1989-ghana-factors-sdgs- action plan www.mlgrd. into-development-framework 10.2 ICT use in service delivery gov.gh/ctn-media/filer_ 16.10b Medium-Term National No information is available. public/35/5f/355fece2-831e- Development Policy Framework 4682-9a2e-fea73e4f334a/nup_ www.mofep.gov.gh/sites/default/ framework___action_plan.pdf 10.3 The role of local government files/pbb-estimates/2018/2018- 16.3a 2010 Population Census in achieving the UN Sustainable PBB-NDPC.pdf www.statsghana.gov.gh/ Development Goals (SDGs) 16.10c ‘Ghana’s Data for Sustainable docfiles/2010phc/National_ Ghana has incorporated the SDGs Development Roadmap Forum’ Analytical_Report.pdf into its overall Medium-Term National www.statsghana.gov.gh/docfiles/ Development Policy Framework 16.3b Stats Ghana Population estimates SDGs/Forum%20report%20final.pdf 2018-2021.14.10b The policy planning, 2015-20 16.11a World Population Prospects 2019 monitoring and evaluation directorates http://www.statsghana.gov. https://population.un.org/wpp/ of the various ministries, together with gh/socialdevp.php?catego Publications/Files/WPP2019_ regional and district planning and ry=NDIyMjYyNzI2LjAyNA==/ DataBooklet.pdf webstats/97o01rnp74 coordination units, are playing key roles 16.11b UN statistics surface area in ensuring the implementation of the 16.3c Ministry of Local Government and http://unstats.un.org/unsd/ SDGs at the local level.14.10a Metropolitan, Rural Development demographic/products/dyb/ municipal and district assemblies are www.mlgrdghanagov.com dyb2006/Table03.pdf required to include the SDG targets in 16.3d Breakdown of metropolitan, 16.11c Commonwealth Local their medium-term development plans, municipal and district assemblies Government knowledge hub annual work plan and programmes in Ghana www.ghanadistricts.com/ www.clgf.org.uk/resource-centre/ 14.10c within the national framework. pdfs/all_mmdas_in_ghana.pdf knowledge-hub 16.4a Electoral Commission 14.11c US Library of Congress, REFERENCES AND USEFUL WEBSITES www.ec.gov.gh Ghana country study http:// 16.1a National government portal 15.4b Boateng and Kosi 2015’ Women’s countrystudies.us/ghana/104.htm www.ghana.gov.gh Representation and Participation 14.11d Institute of Local Government 16.1b Inter-Parliamentary Union (2016) in District Assemblies in Ghana: Studies www.ilgs-edu.org Analysis of Supply-Side and ‘Women in national parliaments’ 14.11e UNDP HDR Ghana country profile Demand-Side Framework’ www.ipu.org/wmn-e/classif.htm http://hdr.undp.org/en/countries/ profiles/GHA

www.clgf.org.uk/ghana 77 THE LOCAL GOVERNMENT SYSTEM IN ghana COUNTRY PROFILE 2019

Annex 14a Summary of service provision in different spheres of government in Ghana

Delivering authority Remarks

Services National government Regions Districts

GENERAL ADMINISTRATION Police n n Fire protection n Civil protection Criminal justice n Civil status register n Statistical office n Electoral register n EDUCATION Pre-school (kindergarten and nursery) n Primary n Secondary n Vocational and technical n Higher education n Adult education SOCIAL WELFARE Family welfare services n Welfare homes n Social security n n PUBLIC HEALTH Primary care n Hospitals n Health protection n HOUSING AND TOWN PLANNING Housing n n Town planning n n Regional planning n n TRANSPORT Roads n n n Transport n n Urban roads Urban rail Ports n Airports n ENVIRONMENT AND PUBLIC SANITATION Water and sanitation n Refuse collection and disposal n Cemeteries and crematoria n Slaughterhouses n Environmental protection n n n Consumer protection n CULTURE, LEISURE AND SPORTS Theatres and concerts n Museums and libraries n n Parks and open spaces n Sports and leisure facilities n Religious facilities UTILITIES Gas services District heating Water supply n Electricity n ECONOMIC Agriculture, forests and fisheries n n n Local economic development/promotion n n n Trade and industry n n n Tourism n n n

n sole responsibility service n joint responsibility service n discretionary service

78 www.clgf.org.uk/ghana