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AVOIDANCE OF DISCRIMINATION ACT,
1957 (NO. 38 OF 1957).
GHANA
1957 NO. 38.
ARRANGEMENT OF SECTIONS
Section
1. Short Title
2. Interpretation
3. Power to restrict activities of
an Organisation
4. Power for Minister to declare
Organisations prohibited
5. Prohibition of Organisation
formed for benefit of a community
etc., engaging in elections
6. Restriction on use of certain
symbol by a political party
7. Restriction on use of name or
symbol by any other Organisations
8. Prohibition on use of variant,
etc., of name or symbol
9. Power for winding up of
Organisation
10. Power for Minister to require
disclosure of rules
11. No prosecution without leave
12. Penalties
13. Available Defence
14. Regulations
Assented to in Her Majesty's Name
and on Her Majesty's behalf this
30th day of December, 1957.
LISTOWEL
Governor-General.
AN ACT to prohibit organisations
using or engaging in tribal,
regional, racial or religious
propaganda to the detriment of any
other community, or securing the
election of persons on account of
their tribal, regional, or
religious affiliations and for
other purposes connected
therewith.
Date of Commencement: 31st
December, 1957.
BE IT ENACTED by the Queen's Most
Excellent Majesty, by and with the
advice and consent of the National
Assembly of Ghana in this present
Parliament assembled, and by the
authority of the same as follows:—
Section 1—Short Title.
This Act may be cited as the
Avoidance of Discrimination Act,
1957.
Section 2—Interpretation.
(1) In this Act unless the context
otherwise requires—
"community" includes any body or
group of persons, having a common
tribal or racial origin or because
of their birth or upbringing in
any Region, locality or place
whether in Ghana or any other
country, associating together in
Ghana;
No. 33 of 1953.
"election" with its grammatical
variations means any election
under the provisions of the
Electoral Provisions Ordinance,
1953, and includes the appointment
of any member of a Local
Government Council as defined in
that Ordinance and any referendum
held under the provisions of the
Ghana (Constitution) Order in
Council, 1957;
L.N. 47/57.
"Minister" means the Minister
responsible for Local Government;
"organisation" includes any club,
institution, political party, or
other association of persons by
whatever name called, and where
there is a local or affiliated
branch or section of an
organisation that local or
affiliated branch or section shall
be regarded as a separate and
distinct organisation;
"symbol" includes slogan.
(2) Cap. 1.
The Interpretation Ordinance shall
apply for the interpretation of
this Act as it applies for the
interpretation of an Ordinance.
Section 3—Power to Restrict
Activities of an Organisation.
(1) It shall be an offence against
this Act for any organisation
whose membership is substantially
restricted to any one community or
religious faith to have as one of
its objects the exposure of any
other organisation however
constituted or of any part of the
community, to hatred, contempt or
ridicule on account of their
community or religion, and any
person having the management or
control or taking part in the
management or control of that
organisation, whether or not it is
incorporated, shall be liable on
summary conviction to a fine not
exceeding five hundred pounds or
to imprisonment for a term not
exceeding three years or to both
such fine and imprisonment.
(2) The fact that any other
organisation or any part of the
community has been exposed to
hatred, contempt or ridicule shall
be prima facie evidence of the
object.
Section 4—Power for Minister to
Declare Organisations Prohibited.
Where a person is convicted of an
offence under section 3 of this
Act, the Judge or Magistrate
recording the conviction shall
certify the facts for
consideration by the President
acting on the advice of the
Cabinet and the Minister may by
Order declare the organisation
concerned to be a prohibited
organisation.
Section 5—Prohibition of
Organisation Formed for Benefit of
a Community Etc., Engaging in
Elections.
(1) No organisation established
substantially for the direct or
indirect benefit or advancement of
the interests of any particular
community or religious faith shall
organise or operate for the
purposes of engaging in any
election.
(2) If the President acting on the
advice of the Cabinet is satisfied
that any organisation is organised
or operates contrary to the
provisions of subsection (1) of
this section, he may by Order
published in the Gazette declare
the organisation to be an illegal
organisation.
Section 6—Restriction on Use of
Certain Symbol by a Political
Party.
(1) No political party shall use
or permit to be used any symbol or
name which may be identified with
any particular community or
religious faith.
(2) If the President acting on the
advice of the Cabinet is satisfied
that a political party uses or
permits the use of any symbol
contrary to the provisions of
subsection (1) of this section, he
may by Order published in the
Gazette prohibit the use of that
symbol by a political party. Upon
the publication of the Order, the
continued use of a prohibited
symbol shall be an offence against
this Act.
Section 7—Restriction on Use of
Name or Symbol by Any Other
Organisations.
(1) No Organisation formed before
or after the coming into operation
of this Act for the primary
benefit of any community, or
religious faith shall, if it or
any member of the organisation in
any manner engages in politics
otherwise than by voting, permit
or allow the use of any name or
symbol of or associated with that
organisation for any political
purpose:
Provided that nothing in this
subsection shall apply to a
political party.
(2) The President acting on the
advice of the Cabinet may, where
he is satisfied that any name or
symbol is used contrary to the
provisions of subsection (1) of
this section, prohibit the use of
that name or symbol for any
political purpose by Order
published in the Gazette. Upon
the publication of the Order, the
continued use of the name or
symbol for a political purpose
shall be an offence against this
Act.
(3) For the purposes of this
section, the expression "engages
in politics" means the doing of
any act, matter or thing relating
in any manner to the procuring or
attempting to procure the election
of any person, or a particular
result of any election, and where
a person is elected, includes the
support in any way of that person
or his political party; and the
expression "political purpose"
shall have a similar meaning.
Section 8—Prohibition on Use of
Variant, Etc., of Name or Symbol.
Where the use of any name or
symbol is prohibited under this
Act, any variant of that name or
symbol or any other name or symbol
which includes that name or symbol
or is calculated to deceive shall
likewise be deemed to be
prohibited under this Act; and the
use of the variant or other name
or symbol shall be an offence
punishable in the same manner as
the use of the name or symbol
prohibited by the Order is
punishable under the provisions of
this Act.
Section 9—Power for Winding up of
Organisation.
(1) Any organisation declared to
be a prohibited organisation or an
illegal organisation under this
Act shall, whether or not it is
incorporated, and to the extent to
which it is affected by this Act
be wound up under the supervision
of the High Court. The High Court
shall in all cases have
jurisdiction for that purpose, and
the Chief Justice may make rules
of court or may apply or adapt any
rules of court to give effect
thereto.
(2) Any person taking part in the
management or control of any
organisation affected by this
section shall be liable on summary
conviction to a fine not exceeding
one hundred pounds or to
imprisonment for a term not
exceeding one year or to both such
fine and imprisonment.
Provided that nothing in this
subsection shall apply to any
person engaged or taking part in
the winding up of a prohibited
organisation.
Section 10—Power for Minister to
Require Disclosure of Rules.
(1) It shall be lawful for the
Minister to require any
organisation which in his opinion
engages in politics within the
meaning of subsection (3) of
section 7 of this Act to disclose
to him its rules and whether or
not it permits or allows the use
of a particular name or symbol.
(2) Where the rules of any such
organisation are in any way
discriminatory as to membership by
reason only of community or
religion the Minister may in his
discretion and in addition to any
other power conferred under this
Act give notice to the
organisation requiring amendment
to its rules. Any organisation
failing to comply with the
requirement of the Minister within
seven days after notice given
under this section, shall incur a
penalty of five pounds for every
day the failure to comply
therewith continues; and the
penalty may be recovered in a
summary way in any court of
competent jurisdiction from the
person appearing to have the
control or management of the
organisation.
Section 11—No Prosecution Without
Leave.
No prosecution shall be instituted
under any of the provisions of
this Act without the consent in
writing of the Attorney-General.
Section 12—Penalties.
(1) Where the doing of any act,
matter or thing is declared to be
an offence against this Act or an
organisation is declared to be
illegal, and no penalty is
prescribed, the offender shall be
liable upon conviction to a fine
not exceeding five hundred pounds
or to imprisonment for a term not
exceeding three years or to both
such fine and imprisonment.
(2) For the purposes of this
section "offender" means the
organisation affected and includes
any person concerned in the
management or direction thereof.
Section 13—Available Defence.
Where the person charged with an
offence against this Act is the
manager or in control of the
organisation it shall be a defence
to that person that he did not
consent to or connive at the
commission the offence with which
he is charged.
Section 14—Regulations.
(1) The President acting on the
advice of the Cabinet may from
time to time make such regulations
as he considers necessary or
expedient for giving full effect
to the provisions of this Act and
for the due administration
thereof.
(2) Without limiting the general
power to make regulations
conferred by this section it is
hereby declared that regulations
may be made under this section for
all or any of the following
purposes;
(a) Regulating the use of names,
flags and symbols of political
parties;
(b) Regulating the registration of
names, flags and symbols of
political parties;
(c) Prescribing fines not
exceeding fifty pounds for a
breach of any such regulation.
(3) Regulations made under this
section may apply generally
throughout Ghana or to any
specified part or parts of Ghana.
(4) All regulations made under
this Act shall be laid before
Parliament within twenty-eight
days after the date of the making
thereof if Parliament is then in
session and, if not, shall be laid
before Parliament within
twenty-eight days after the date
of the commencement of the next
ensuing meeting.
This printed impression has been
carefully compared by me with the
Bill which has passed the National
Assembly, and found by me to be a
true and correctly printed copy of
the said Bill.
K. B. AYENSU
Clerk
of the National Assembly.
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