FIRST
SCHEDULE
14.
(1) Notwithstanding
anything in this Constitution to the contrary any commission or
committee of inquiry in existence immediately before the coming
into force of this Constitution may continue in existence until
the submission of its report or until it is otherwise dissolved
in accordance with law.
(2) For the
avoidance of doubt, the report and findings of a commission or committee
of inquiry established before the coming into force of this Constitution
under any enactment shall have the same effect as the report or
findings of a commission of inquiry established under this Constitution.
15.
Where any
matter or thing has been commenced before the coming into force
of this Constitution by a person or authority that has power for
the purpose under the existing law, that matter or thing may be
carried on and completed by the person or authority having power
for the purpose after the coming into force of this Constitution;
and it shall not be necessary for the person or authority to commence
the matter or thing afresh.
16.
The Presidential
seal, the Public seal, the seals of the Superior Courts as well
as any prescribed forms in use under any enactment in force immediately
before the coming into force of this Constitution shall continue
to be used until provision is otherwise made for them.
17.
The prerogative
of mercy of the President under article 72 of this Constitution
may be exercised in respect of any criminal offence committed before
the coming into force of this Constitution as it may in respect
of a criminal offence committed thereafter.
18.
(1) The
Consolidated Fund and the Contingency Fund in existence immediately
before the coming into force of this Constitution, shall, until
otherwise provided by law, continue in existence as the Consolidated
Fund and the the Contingency Fund referred to in article 175 of
this Constitution.
(2) Subject
to this Constitution, every payment required or authorised to be
made into a public fund or out of a public fund under any enactment
in force immediately before the coming into force of this Constitution
shall continue to be made into or out of that fund.
19.
Notwithstanding
any law to the contrary, the financial estimates in operation for
the financial year in being at the coming into force of this Constitution
shall, until provision is otherwise made by Act of Parliament, continue
and shall have full effect.
20.
All compensations,
pensions, gratuities and similar allowances granted in accordance
with the provisions of any Constitution or any other law formerly
in force in Ghana and which were payable immediately before the
coming into force of this Constitution, shall, notwithstanding the
abrogation or repeal of any such Constitution or law, as the case
may be, continue to be payable and are charged on the Consolidated
Fund.
21.
Where immediately
before the coming into force of this Constitution any existing enactment
had not been brought into force or was to come into force on a date
subsequent to such coming into force, the enactment may be brought
into force in accordance with its terms, or shall come into force
upon such subsequent date, as the case may be.
22.
(1) The
register of voters for public election and referenda in existence
immediately before the coming into force of this Constitution shall,
on the coming into force of this Constitution, have effect as if
it was compiled under this Constitution.
(2) Subject
to this Constitution, the Interim National Electoral Commission
in existence immediately before the coming into force of this Constitution
shall, on the coming into force of this Constitution and until the
President appoints the members of the Electoral Commission under
section 9 of this Schedule, exercise the functions and powers provided
for the Electoral Commission in this Constitution.
23.
(1) Until
Parliament otherwise provides by law, existing laws regulating the
operation of District Assemblies and other local authorities shall
continue to regulate their operations.
(2) Until Parliament
establishes the District Assemblies Common Fund in accordance with
article 252 of this Constitution, all taxes and other moneys collected
exclusively for District Assemblies shall continue to be collected
exclusively for District Assemblies under the enactments under which
they were collected.
24.
The National
House of Chiefs, the Regional Houses of Chiefs, the traditional
councils and all Judicial Committees of those bodies in existence
immediately before the coning into force of this Constitution shall,
on the coming into force of this Constitution, continue in existence
subject to this Constitution.
25.
The Oaths
Decree, 1972 (NRCD 6), as amended, shall have effect subject to
the provisions of this Constitution.
26.
Except
where the context otherwise requires and subject to the other provisions
of this Part, in all enactments in existence immediately before
the coming into force of this Constitution -
(a) for any
reference to the Provisional National Defence the Cabinet;
(b) for any
reference to the Secretary to the Provisional National Defence Council
where the reference relates to the Cabinet the reference shall be
a reference to the Secretary to the Cabinet,
(c) any reference
to the Secretary to the Committee of Secretaries shall be a reference
to the Head of the Civil Service;
(d) for any
reference to a Secretary, being an individual of ministerial rank,
there shall be substituted a reference to a Minister;
(e) for any
reference to a Member of the Provisional National Defence Council
responsible for any subject or department of State there shall be
substituted a reference to the Minister responsible for that subject
or department of State
27.
In this Constitution,
any reference to the Chief of Defence Staff shall be deemed to include
any person who holds or held the office of General Officer Commanding.
28.
(1) A reference
to the Government in an enactment in existence immediately before
the coming into force of this Constitution, where the reference
relates to a legislative function normally performed by Parliament
or a National Assembly shall be construed as a reference to Parliament.
(2) A reference
to the Government in an enactment in existence immediately before
the coming into force of this Constitution, where the reference
relates to an executive function of the Government, shall be construed
as a reference to the President.
29.
(1) A reference
to the Provisional National Defence Council in any enactment in
existence immediately before the coming into force of this Constitution,
where the reference was originally a reference to the President
shall, be construed as a reference to the President.
(2) A reference
to the Provisional National Defence Council in any enactment in
existence immediately before the coming into force of this Constitution,
where the reference relates to a legislative function normally performed
by Parliament or a National Assembly shall be construed as a reference
to Parliament.
(3) A reference
to the Provisional national Defence Council in any enactment in
existence immediately before the coming into force of this Constitution,
where the reference relates to an executive function of the Council
shall be construed as a reference to the President.
(4) A reference
to the Provisional national Defence Council in any enactment in
existence immediately before the coming into force of this Constitution,
where the reference relates to the making of a statutory instrument,
shall be construed as a reference to the President or to any Minister
or authority designated by the President.
30.
The First President
under this Constitution may, at any time within twelve months after
assuming office as President, by constitutional instrument, make
such provision as may appear necessary for repealing, modifying,
adding to or adapting any law for bringing it into accord with the
provisions of this Constitution or otherwise for giving effect to
this Constitution.
31.
(1) Where any
matter that falls to be prescribed or otherwise provided for under
this Constitution by Parliament or by any other authority or person,
is prescribed or provided for by or under any existing law or is
otherwise lawfully prescribed or provided for immediately before
the coming into force of this Constitution, that prescription or
provision shall, as from the coming into force of this Constitution,
have effect with such modifications, adaptations, qualifications
and exceptions as may be necessary to bring it into conformity with
this constitution as if made under this Constitution by parliament
or, as the case may be, by the other authority or person.
(2) For the
avoidance of doubt, and without prejudice to the general effect
of subsection (1) of this section, where anything is required or
authorised by this Constitution to be prescribed or provided for
by or under an Act of Parliament, it shall be deemed to be duly
prescribed or provided for, if it has been prescribed or provided
for by or under an Act, Decree, or a Law in force immediately before
the coming into force of this Constitution.
32.
(1) Subject
to the provisions of articles 257 and 258 of this Constitution,
all properties and assets which immediately before the coming into
force of this Constitution were vested in any authority or person
for the purposes of, or in right of, the Government of Ghana or
in the Government of Ghana, shall, on the coming into force of this
Constitution, without further assurance than this section, vest
in the President.
(2) Any property
which was liable, immediately before the coming into force of this
Constitution, to estreat or to be forfeited to the Government of
Ghana shall be liable to estreat or to be forfeited to the Government
of Ghana under this Constitution.
(3) Where immediately
before the coming into force of this Constitution any person held
any property or asset in trust -
(a) for the
President of Ghana under the Constitution that was abrogated on
31st December, 1981; or
(b) for the
Provisional National Defence Council or the Government of Ghana;
for the purposes
of, or in right of, the Government of Ghana, that person shall,
on the coming into force of this Constitution, hold the property
or asset subject to the provisions of articles 257 and 258 of this
Constitution, on the same trust for the Government of Ghana established
under this Constitution.
(4) In this
section, references to property and assets vested in or held in
trust shall include property and assets vested in or held in trust
immediately before the 31st day of December 1981, for an interest
which extended beyond the 30th day of December, 1981 and has not
been surrendered.
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