CHAPTER
020
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
DECENTRALIZATION
AND LOCAL GOVERNMENT
240 (1)
Ghana shall have a system of local government and administration
which shall, as far as practicable, be decentralized.
(2)
The system of decentralized local government shall have the following
features-
(a)
Parliament shall enact appropriate laws to ensure that functions,
powers, responsibilities and resources are at all times transferred
from the Central Government to local government units in a co-ordinated
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(b)
Parliament shall by law provide for the taking of such measures
as are necessary to enhance the capacity of local government authorities
to plan, initiate, co-ordinate, manage and execute policies in respect
of all matters affecting the people within their areas, with a view
to ultimately achieving localization of those activities;
(c)
there shall be established for each local government unit a sound
financial base with adequate and reliable sources of revenue;
(d)
as far as practicable, persons in the service of local government
shall be subject to the effective control of local authorities;
(e)
to ensure the accountability of local government authorities, people
in particular local government areas shall, as far as practicable,
be afforded the opportunity to participate effectively in their
governance.
241 (1)
For the purposes of local government, Ghana shall be deemed to have
been divided into the districts in existence immediately before
the coming into force of this Constitution.
(2)
Parliament may by law make provision for the redrawing of the boundaries
of districts or for reconstituting the districts.
(3)
Subject to this Constitution, a District Assembly shall be the highest
political authority in the district, and shall have deliberative,
legislative and executive powers.
242 A
District Assembly shall consist of the following members -
(a)
one person from each local government electoral area within the
district elected by universal adult suffrage;
(b)
the member or members of Parliament from the constituencies that fall
within the area of authority of the District Assembly as members without
the right to vote;
(c) the District
Chief Executive of the district; and
(d)
other members not being more than thirty percent of all the members
of the District Assembly, appointed by the President in consultation
with the traditional authorities and other interest groups in the
district.
243 (1)
There shall be a District chief Executive for every district who
shall be appointed by the President with the prior approval of not
less than two-thirds majority of members of the Assembly present
and voting at the meeting.
(2)
The District Chief Executive shall -
(a)
preside at meetings of the Executive Committee of the Assembly;
(b)
be responsible for the day-to-day performane of the executive and
administrative functions of the District Assembly; and (c)
be the chief representative of the Central Government in the district. (3)
The office of District Chief Executive shall become vacant if -
(a) a vote of
no confidence, supported by the votes of not less than two-thirds
of all the members of the District Assembly is passed against him;
or
(b)
he is removed from office by the President; or (c)
he resigns or dies.244
(1) The District
Assembly shall have a Presiding Member who shall be elected by the
Assembly from among its members.
(2)
The Presiding Member shall be elected by at least tow-thirds majority
of all the members ofd the Assembly. (3)
The Presiding Member shall-
(a) preside
over the meetings of the Assembly;
(b)
perform such other functions as may be prescribed by law. (4)
Subject to clause (5) of this article, the term of office of the Presiding
Member shall be two years and he shall be eligible for re-election. (5)
The Presiding Member shall cease to hold office whenever the Assembly
by a majority of at least two-thirds of all the members of the Assembly
vote to remove him from office.245
Parliament shall,
by law, prescribe the functions of District Assemblies which shall
include -
(a)
the formulation and execution of plans, programmes and strategies
for the effective mobilization of the resources necessary for the
overall development of the district;
(b)
the levying and collection of taxes, rates, duties and fees.246
(1) Elections
to the District Assemblies shall be held every four years except
that such elections and elections to Parliament shall be held at
least six months apart.
(2)
Unless he resigns or dies or the earlier ceases to hold office under
clause (3) of article 243 of this Constitution, the term of office
of the District Chief Executive shall be four years; and a person
shall not hold office as a District Chief Executive for more than
two consecutive terms.247
Subject to this
constitution, the qualifications for membership of a District Assembly,
the procedures of a District Assembly and other local government
units lower than a District Assembly that may be created, shall
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248 (1)
A candidate seeking election to a District Assembly or any lower
local government unit shall present himself to the electorate as
an individual, and shall not use any symbol associated with any
political party.
(2)
A political party shall not endorse, sponsor, offer a platform to
or in anyway campaign for or against a candidate seeking election
to a District Assembly or any lower local government unit.249
Subject to any
procedure established by law, the mandate of a member of a District
Assembly may be revoked by the electorate or the appointing body.
250 (1)
The emoluments of a District chief Executive of a District Assembly
shall be determined by Parliament and shall be charged on the consolidated
Fund.
(2)
The emoluments of a Presiding Member of a District Assembly and other
members of the Assembly shall be determined by the District Assembly
and paid out of the Assembly's own resources.251
(1) There shall
be established an Executive Committee of a District Assembly which
shall be responsible for the performance of the executive and administrative
functions of the District Assembly.
(2)
The composition of the Executive Committee and the procedure for its
deliberations shall be as provided for by law.252
(1) There shall
be a fund to be known as the District Assemblies Common Fund.
(2)
Subject to the provisions of this Constitution, Parliament shall annually
make provision for the allocation of not less than five percent of
the total revenues of Ghana to the District Assemblies for development;
and the amount shall be paid into the District Assemblies Common Fund
in quarterly instalments. (3)
The moneys accruing to the district Assemblies in the Common Fund
shall be distributed among all the District Assemblies on the basis
of a formula approved by Parliament. (4)
There shall be appointed by the President with the approval of Parliament,
a District Assemblies Common Fund Administrator. (5)
Parliament shall by law prescribe the functions and tenure of office
of the Administrator in such a manner as will ensure the effective
and equitable administration of the District Assemblies Common Fund. (6)
Nothing in this Chapter or any other law shall be taken to prohibit
the State or other bodies from making grants-in-aid to any District
Assembly.253
The Auditor-General
shall audit the accounts of the District Assemblies annually and
shall submit his reports on the audit to Parliament.
254 Parliament
shall enact laws and take steps necessary for further decentralization
of the administrative functions and projects of the Central Government
but shall not exercise any control over the District Assemblies
that is incompatible with their decentralized status, or otherwise
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255 (1)
There shall be established a Regional Co-ordinating Council in each
region, which shall consist of -
(a)
the Regional Minister and his deputy or deputies;
(b)
the Presiding Member and the District Chief Executive from each district
in the Region; (c)
two chiefs from the Regional House of chiefs; and (d)
the Regional Heads of the decentralized ministries in the region as
members without the right to vote; (2)
The Regional Minister shall be the Chairman of the Regional Co-ordinating
Council. (3)
Subject to this Chapter, the functions of a Regional Co-ordinating
Council shall be as prescribed by Act of Parliament.256
(1) The President
shall, with the prior approval of Parliament, appoint for each region,
a Minister of State who shall -
(a)
represent the President in the region; and
(b)
be responsible for the co-ordination and direction of the administrative
machinery in the region. (2)
The President may, in consultation with the Minister of State for
a region and with the prior approval of Parliament, appoint for the
regional Deputy Minister or Deputy Ministers to perform such functions
as the President may determine. |