THE CONSTITUTION OF THE REPUBLIC OF GHANA 1992

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Preamble
First Schedule
Second Schedule
The Constitution
Territories of Ghana
Citizenship
The Laws of Ghana
Fundamental Human Rights and Freedom
The Directive Principles of State Policy
Representation of the People
The Executive
The Council of State
The Legislature
Parliament
The Judiciary
Freedom and Independence of the Media
Finance
The Public Service
The Police Service
The Prisons Service
The Armed Forces of Ghana
Commission on Human Rights and Administrative Justice
National Commission for Civic Education
Decentralization and Local Government
Land and Natural Resources
Chieftancy
Code of Conduct for Public Officers
Ammendments of the Constitution
 

FIRST SCHEDULE

TRANSITIONAL PROVISIONS
PART I - FIRST PRESIDENT

 

1.

(1) Notwithstanding anything in this constitution, the person duly elected President of Ghana under the law in force immediately before the coming into force of this Constitution shall be taken to have been duly elected for the purposes of this Constitution.

(2) The President referred to in subsection (1) of this section shall assume office as President on the date of the coming into force of this Constitution notwithstanding anything in this Constitution.

PART II - FIRST PARLIAMENT

2.

(1) Notwithstanding anything in this Constitution, the persons duly elected as members of Parliament under the law in force immediately before the coming into force of this Constitution, shall be taken to have been duly elected members of Parliament for the purposes of this Constitution.

(2) The person who was Clerk of the Consultative Assembly or such other public officer as the Provisional National Defence Council may designate, shall, notwithstanding anything to the contrary in this Constitution, act as Clerk to Parliament until a Clerk is appointed under article 124 of this Constitution.

(3) The person who was Clerk of the Consultative Assembly established under the Consultative Assembly Law 1991 (PNDCL.253) or other person designated under subsection (2) of this section shall, not later than seven days after the coming into force of this Constitution, summon a meeting of parliament for the election of the Speaker, the taking of oaths by members of Parliament, the swearing in of the President and the approval of Ministers of State and Deputy Ministers for appointment under this Constitution.

(4) For the avoidance of doubt, any notice given before the coming into force of this Constitution summoning Parliament to meet for the purposes of subsection (3) of this section, shall be deemed to be a valid notice for all purposes.

(5) The Standing Orders of the Parliament under the constitution of the Republic of Ghana, 1979 shall apply to the proceedings of Parliament until Parliament otherwise determines under article 110 of this Constitution.

PART III - THE JUDICIARY

3.

(1) The Supreme Court, the Court of Appeal and the High Court in existence immediately before the coming into force of this Constitution shall be deemed to have been established under this Constitution and shall perform the functions of the Supreme Court, the Court of Appeal and the High Court specified respectively in Chapter 11 of this Constitution.

(2) All proceedings pending before any court referred to in subsection (1) of this section immediately before the coming into force of this Constitution may be proceeded with and completed in that Court notwithstanding anything in this Constitution.

4.

(1) A Justice of the Supreme Court, the Court of Appeal or the the High Court holding office immediately before the coming into force of this Constitution, shall continue to hold office as if appointed to that office under this Constitution.

(2) Any person to whom this section applies shall, on the coming into force of this Constitution, take and subscribe the oath of allegiance and the judicial oath set out in the Second Schedule to this Constitution.

5.

The Public Tribunals Board shall cease to exist within six months after the coming into force of this Constitution and its functions, assets and liabilities are transferred to the Judicial Council.

6.

Parliament shall, within six months after the coming into force of this Constitution-

(a) prescribe by law the jurisdiction of Regional Tribunals for the purposes of article 143 of this Constitution; and

(b) establish lower courts or tribunals for the purposes of article 126 of this Constitution.

7.

(1) All cases partly heard before any of the following Public Tribunals immediately before the coming into force of this Constitution, may be continued and completed before that public tribunal.

(a) the National Public Tribunal;

(b) Regional Public Tribunals;

(c) District Public Tribunals; and

(d) Community Public Tribunals.

(2) All cases partly heard before any Circuit Court, District Court Grade I or District Court Grade II immediately before the coming into force of this Constitution may be continued and completed before the Court.

(3) The National Public Tribunal shall cease to exist upon completion of the partly heard cases referred to in subsection (1) of this section, or within six months after the coming into force of this Constitution, whichever is earlier.

(4) All cases other than those referred to in subsection (1) of this section pending before the National Public Tribunal immediately before the coming into force of this Constitution, shall be transferred to such court of tribunal as the Chief Justice may direct.

(5) Any person employed with any Public Tribunal immediately before the coming into force of this Constitution and who is qualified and suitable for appointment to any office or position in the Judicial Service, may be so appointed if recommended to be appointed by the Judicial Council.

PART - IV MISCELLANEOUS

8.

(1) A person who immediately before the coming into force of this Constitution held or was acting in an office in existence immediately before the coming into force of this Constitution, shall be deemed to have been appointed as far as is consistent with the provisions of this Constitution, to hold or act in the equivalent office under this Constitution.

(2) A person who before the coming into force of this Constitution would have been required under the law in force to vacate his office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1) of this section, vacate his office at the expiration of that period.

(3) This section shall be without prejudice to any powers conferred by or under this Constitution or any other law not being inconsistent with any provision of this Constitution, upon any person or authority to make provision for the abolition of office, for the removal from office of persons holding or acting in any office and for requiring those persons to retire from office.

(4) In determining, for the purposes of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom the provisions of subsections (1) and (2) of this section apply, service as a public officer under the Government which terminates immediately before the coming into force of this Constitution shall be deemed to be continuous with service as a public officer which begins immediately at such coming into force.

(5) A person to whom the provisions of this section apply shall, immediately on the coming into force of this Constitution or at any convenient time thereafter, take and subscribe the oath, if any, required for that office by law.

(6) A person who was entitled to retire on his salary immediately before the coming into force of this Constitution shall have the same terms and condition of service relating to retiring awards as he enjoyed immediately before the coming into force of this Constitution; and accordingly, nothing in this Constitution or in this Schedule shall adversely affect the conditions of service of any such person.

(7) The terms and conditions of service of a person to whom subsection (1) of his section applies shall not be less favourable than those applicable to him immediately before the coming into force of this Constitution.

9.

The first appointments to the following offices shall be made within six months after the assumption of office of the President.-

(a) the Commissioner for Human Rights and Administrative Justice and his Deputies;

(b) the District Assemblies Common Fund Administrator;

(c) the Chairman, the Deputy Chairmen and Members of the Electoral Commission;

(d) the Chairmen and other members of

(i) the National Council for Higher Education howsoever described;

(ii) the National Media Commission; and

(iii) the National Commission for Civic Education.

10.

Until Parliament enacts an Act of Parliament in accordance with article 192 of this Constitution for the establishment or operation of a public corporation, a public corporation in existence immediately before the coming into force of this Constitution shall continue its operations under the enactment under which it was established.

11.

The office of the Ombudsman in existence immediately before the coming into force of this Constitution shall, until the President appoints the Commissioner for Human Rights and Administrative Justice and his Deputies, and provision is otherwise made, continue as if it forms part of the Office of the Commission for Human Rights and Administrative Justice.

12.

Notwithstanding anything in this Constitution to the contrary, all cases pending before the Office of Revenue Commissioners established under the Revenue Commissioners Law, 1984 (PNDCL 80) the National Investigations Committee established under the National Investigations Committee Law, 1982 (PNDCL.2) and the State Houses (Allocation Policy and Implementation) Commission established under the State Houses (Allocation Policy and Implementation) Commission law, 1984 (PNDCL 83) in existence immediately before the coming into force of this Constitution may be proceeded with and completed by that Commission or Committee, until the submission of its report or until it is otherwise dissolved in accordance with law.

13.

Notwithstanding article 199 of this Constitution, a person is not entitled to receive pension under the Social Security Scheme under the Social Security Law, 1991 (PNDCL 247) before attaining the age of fifty-five years unless Parliament by law otherwise determines.

CONTINUE

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