|
CHIEFTAINCY ACT, 1971 (ACT 370)
As amended
CHIEFTAINCY (AMENDMENT) LAW, 1982
(PNDCL 25)1
CHIEFTAINCY (AMENDMENT) DECREE,
1973 (NRCD 166)2
CHIEFTAINCY (AMENDMENT) (NO.2)
DECREE, 1973 (NRCD 226)3
CHIEFTAINCY (AMENDMENT) LAW, 1993
(PNDCL 307)4
ARRANGEMENT OF SECTIONS
Section
1. National House of Chiefs.
2. Functions and committees of
National House of Chiefs.
3. Matters for consideration and
advice.
4. Standing Orders of the National
House of Chiefs.
5. Meetings of the National House
of Chiefs.
PART II—REGIONAL HOUSES OF CHIEFS
6. Regional Houses of Chiefs.
7. Election of President of
Regional House of Chiefs.
8. Existing Regional Houses of
Chiefs to continue.
9. Functions and committees of
Regional Houses of Chiefs.
10. Regional House of Chiefs to
make Standing Orders.
11. Meetings of Regional Houses of
Chiefs.
PART III—TRADITIONAL COUNCILS
12. Traditional Councils.
13. President of Council.
14. Membership.
15. Jurisdiction in chieftaincy
disputes.
16. Meetings.
17. Duty of persons to assist
Traditional Councils.
PART IV—DIVISIONAL COUNCIL
18. Division.
19. Divisional Councils.
20. Meetings.
21. Functions of Divisional
Councils.
PART V—PROCEEDINGS AFFECTING
CHIEFTAINCY
22. Judicial functions of National
House of Chiefs. Article 154 (3)
(a) of Constitution.
23. Original and appellate
jurisdiction of Regional House of
Chiefs. Article 155 (1).
24. Evidence, etc. before judicial
committees.
25. Security for costs, etc. in
proceedings before judicial
committee.
26. General provisions relating to
judicial proceedings before Houses
of Chiefs.
27. Certain Appeals to operate as
stay of execution.
28. Proceedings before a
Traditional Council.
28A. Vacancies in Judicial
Committees
29. Preservation of Stool property
affected by Disputes, etc
30. Enforcement of judgment of
Houses of Chiefs or Traditional
Councils.
31. Protection of parties, counsel
and witnesses.
32. Obstruction of proceedings,
etc.
33. Right to bring proceedings for
destoolment.
34. Proceedings in chieftaincy
matters to be recorded in writing.
35. Applications to two tribunals.
PART VI—STOOL PROPERTY
36. What is stool property.
37. Alienation of stool property
requires consent of Traditional
Council.
38. Prohibition upon execution.
39. Recovery of stool property.
PART VII—CUSTOMARY LAW
40. National House of Chiefs to
promote development of customary
law.
41. Functions of Traditional
Councils relating to customary
law.
42. Declaration of customary law.
43. Alteration of customary law.
44. Regional House of Chiefs
affected by same rule of customary
law.
45. Assimilation of customary law.
46. Effect of assimilation.
47. Power to include transitional
provisions.
PART VIII—CHIEFS
48. Who is a chief.
49. Categories of chiefs.
50. National Register of Chiefs.
51. Enstoolments, destoolments,
etc. of chiefs to be reported to
Minister.
52. Prohibition of persons
purporting to act as chief.
53. Certain offences in connection
with chiefs.
PART IX—MISCELLANEOUS
54. Staff of Houses of Chiefs.
55. Functions of Registrar to a
House of Chiefs.
56. Traditional Councils.
57. Funds of Houses of Chiefs and
Traditional Councils.
58. Estimates of Houses of Chiefs.
59. Accounts and audit.
60. Power of Minister to give
financial instructions.
61. Actions by or against Houses
of Chiefs and Traditional
Councils, etc.
62. Regulations.
63. Saving of rights of allegiance
and rights over land, etc.
64. Stool Lands account for each
Region.
65. Annual statement of accounts
to be submitted to stools.
66. Interpretation.
67. Repeals and savings and
transitional provisions.
THE THREE HUNDRED AND SEVENTIETH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE CHIEFTAINCY ACT, 1971
AN ACT to amend the statute law on
chieftaincy in order to bring it
into conformity with the
provisions of the Constitution and
to make other provisions relating
to chieftaincy.
DATE OF ASSENT: 17th September,
1971
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
PART I—NATIONAL HOUSE OF CHIEFS
Section 1—National House of
Chiefs.
(1) There is hereby established a
National House of Chiefs.
(2) The membership of the National
House of Chiefs shall be composed
of five chiefs from each Region of
Ghana elected by the House of
Chiefs of the Region.
(3) The National House of Chiefs
shall have a President who shall
be Head of the National House of
Chiefs.
(4) The President of the National
House of Chiefs shall be a chief
elected by the members of the
National House of Chiefs from
among their number.
(5) There shall also be a
Vice-President of the National
House of Chiefs who shall be a
chief elected by the said House
from among their number and who
shall act as the Head of that
House in the absence of the
President and shall perform the
functions of the President in the
absence of the President.
(6) The Electoral Commissioner
shall supervise any election of a
person as President,
Vice-President or member of the
National House of Chiefs and he or
any public officer nominated by
him in writing shall be the
returning officer for any such
election.
(7) The body known immediately
before the commencement of this
Act as the National House of
Chiefs shall be deemed to be the
National House of Chiefs for the
purposes of this Act.
(8) Any person holding the office
of President or Vice-President of
the said House or who was a member
of that House immediately before
the commencement of this Act shall
be deemed to have been duly
elected for the purposes of this
Act with effect from the
commencement of this Act.
(9) A person elected President or
Vice-President or member of the
National House of Chiefs shall
hold office for three years but
shall upon the expiration of his
term of office be eligible for
re-election, so however that no
person shall be eligible to hold
office as President for more than
two terms in succession.
(10) No person shall be qualified
to be President or Vice- President
of the National House of Chiefs—
(a) if he has been sentenced to
death or to a term of imprisonment
exceeding twelve months without
option of a fine or has been
convicted of an offence involving
dishonesty or moral turpitude and
in each case has not been granted
a free pardon; or
(b) if he is adjudged to be a
person of unsound mind; or
(c) if having been declared as an
insolvent or bankrupt under any
law for the time being in force in
Ghana or in any other country he
is an undischarged insolvent or
bankrupt; or
(d) if being a person possessed of
professional qualifications, he is
disqualified from practising his
profession by the order of any
competent authority made in
respect of him personally, not
being an order made at his own
request or within five years
previously:
Provided that a person shall not
be deemed to be disqualified under
paragraph (a) of this subsection
if 5 years or more have elapsed
since the date of the conviction
or the end of the sentence
whichever is the later.
(11) Where a vacancy occurs in the
office of the President,
Vice-President or a member of the
National House of Chiefs the
Registrar of that House shall
notify the Electoral Commissioner
in writing of the occurrence of
that vacancy within 14 days of
such occurrence and the Electoral
Commissioner shall, by notice
published in the Local Government
Bulletin and in such other manner
as the Electoral Commissioner may
think fit summon a meeting of the
National House of Chiefs or the
respective Regional House of
Chiefs as the case may be, within
twenty-one days after being
notified of the vacancy for the
election of a President,
Vice-President or a member of the
National House of Chiefs as the
case may be.
(12) The Electoral Commissioner
may by legislative instrument make
such rules as he may think
appropriate for regulating the
conduct of elections of the
President, Vice-President and
members of the National House of
Chiefs.
Section 2—Functions and Committees
of National House of Chiefs.
(1) The National House of Chiefs
shall have the functions conferred
on it by article 154 of the
Constitution and also such other
functions as are conferred on it
by this Act or as may be conferred
on it from time to time by any
other enactment.
(2) Subject to the provisions of
this Act, the National House of
Chiefs may appoint such committees
comprising such persons as it may
determine to assist it in the
discharge of its functions and
subject as aforesaid may delegate
to any such committee such of its
functions as it may think fit.
(3) Standing Orders made under
section 4 of this Act may regulate
the composition, tenure of office
and procedure of such committees
and may also make such other
provision in relation to such
committees as may appear to the
National House of Chiefs to be
expedient.
Section 3—Matters for
Consideration and Advice.
The National House of Chiefs shall
be responsible for advising any
person or authority charged by the
Constitution or any other
enactment with any responsibility
for any matter relating to
chieftaincy.
Section 4—Standing Orders of the
National House of Chiefs.
The National House of Chiefs may
make Standing Orders for the
regulation and orderly conduct of
its business.
Section 5—Meetings of the National
House of Chiefs.
(1) The National House of Chiefs
shall meet for the dispatch of its
business at such place and time as
that House may determine but shall
meet not less than twice in any
year.
(2) The Registrar of the National
House of Chiefs shall also call a
special meeting of the House upon
a request made in writing in that
behalf and signed by the President
of that House or not less than
one-half of the total number of
members of the House.
(3) No business except that of
adjournment shall be transacted at
any meeting of the National House
of Chiefs at which there are
present less than one-half of the
total number of members of the
House.
(4) The President of the National
House of Chiefs shall, if present
at any meeting of the House,
preside at that meeting and in his
absence the Vice-President shall
preside and in the absence of the
Vice-President a member of the
House elected by the members
present from among their number
shall preside at that meeting.
(5) Any question arising for
decision by the National House of
Chiefs shall be determined by the
votes of the majority of the
members present and voting, and in
the event of an equality of votes
the President or other person
presiding at that meeting shall
have a second or casting vote:
Provided that standing orders of
the National House of Chiefs may
provide for the participation in
the proceedings of the said House
by a member through a
representative and the casting of
votes by proxy or by any other
means of representation permitted
by customary law.
(6) The validity of the
proceedings at any meeting of the
National House of Chiefs shall not
be affected by any vacancy in the
office of the President or
Vice-President or in the
membership of that House or by any
defect in the appointment or
election of any person holding
such office.
PART II—REGIONAL HOUSES OF CHIEFS
Section 6—Regional Houses of
Chiefs.
(1) There is hereby established
for each Region of Ghana a
Regional House of Chiefs.
(2) Each Regional House of Chiefs
shall consist of such members as
may be specified in relation
thereto by legislative instrument
made by the President acting in
consultation with the Prime
Minister.
(3) There shall be a President of
each Regional House of Chiefs who
shall,
(a) be the Head of that House,
(b) in the case of the Ashanti
Regional House of Chiefs, be the
Asantehene, and
(c) in the case of any other
Regional House of Chiefs, be a
chief elected in the manner
specified by an instrument made
under subsection (2) of this
section.
(4) There shall also be a
Vice-President of each such House
who shall be a chief elected by
the members of that House from
their number and shall act as Head
of that House in the absence of
the President and shall perform
the functions of the President in
the absence of the President.
(5) A President other than the
President of the Ashanti Regional
House of Chiefs and a
Vice-President shall hold office
for three years and shall be
eligible for re-election so
however that no person shall be
eligible for election as President
for more than two terms in
succession.
(6) Where the seat of a member of
a Regional House of Chiefs becomes
vacant and his successor is
required by an instrument made
under subsection (2) of this
section to be drawn from a
specified group of Chiefs—
(a) the Registrar of the said
House shall notify the Electoral
Commissioner in writing of the
occurrence of the vacancy within
fourteen days of such occurrence;
(b) a meeting of the group shall
be convened by the Electoral
Commissioner by a notice published
in the Local Government Bulletin;
(c) subject to the following
subsection, the meeting shall
proceed to the election of a new
member, who shall be taken to be
elected if he secures a simple
majority of the votes cast;
(d) the Electoral Commissioner
shall cause to be published in the
Local Government Bulletin notice
of the result of the election
which notice shall be signed by
him or any public officer
authorised by him in writing.
(7) An election shall not be held
under subsection (6) of this
section if less than one-half of
the chiefs in the group are
present and where—
(a) an insufficient number of
chiefs is present, or
(b) no chief obtains a majority of
votes cast,
the new member shall be nominated
by the Regional House of Chiefs
from among the chiefs in the group
to which the election relates.
(8) A new member elected or
nominated under subsection (6) or
(7) of this section shall hold
office for two years and shall
then vacate his seat and any such
member vacating his seat shall be
eligible to fill the vacancy.
Section 7—Election of President of
Regional House of Chiefs.
Where the office of the President
of a Regional House of Chiefs
becomes vacant and his successor
is required by an instrument made
under subsection (2) of section 6
of this Act to be elected from
among the members or a specified
group of members—
(a) the Registrar of the Regional
House of Chiefs shall notify the
Electoral Commissioner in writing
of the occurrence of the vacancy
within fourteen days after the
said occurrence,
(b) a meeting of the Regional
House of Chiefs shall be convened
by the Electoral Commissioner by
notice published in the Local
Government Bulletin,
(c) subject to subsection (3) of
section 11 of this Act the meeting
shall proceed to the election
under the supervision of the
Electoral Commissioner or any
public officer authorised by him
in writing, by secret ballot of
the President, who shall be taken
to be elected if he secures a
simple majority of the votes cast,
(d) the Electoral Commissioner
shall publish the result of the
election in the Local Government
Bulletin giving the total number
of votes cast and the number cast
in favour of the successful
candidate.
Section 8—Existing Regional Houses
of Chiefs to Continue.
(1) The Regional Houses of Chiefs
in existence immediately before
the commencement of this Act shall
be deemed to be the Regional
Houses of Chiefs for the purposes
of this Act.
(2) Until an instrument is made
under subsection (2) of section 6
of this Act prescribing the
membership of any Regional House
of Chiefs, the membership of that
House shall be as it was
immediately before the
commencement of this Act.
(3) Any person holding the office
of Head or Deputy Head (howsoever
called) or member of any such
House of Chiefs immediately before
the commencement of this Act,
shall continue to hold such office
subject to the provisions of this
Act so however that any such
person holding office as Head or
Deputy Head shall after the
commencement of this Act be
referred to as the President or
Vice-President respectively of
that House.
(4) Where a person to whom
subsection (3) of this section
applies is required by this Act to
be elected he shall be deemed to
have been duly elected with effect
from the commencement of this Act.
Section 9—Functions and Committees
of Regional Houses of Chiefs.
(1) The authority of a Regional
House of Chiefs shall apply within
its Region.
(2) Each Regional House of Chiefs
shall have in relation to its
Region the functions conferred on
it by article 155 of the
Constitution and also such other
functions as are conferred on it
by this Act or as may be conferred
on it from time to time by any
other enactment.
(3) If any matter is referred to
it by the National Assembly or the
Minister or any authority charged
by any enactment with
responsibility for any matter
relating to chieftaincy a Regional
House of Chiefs shall give
consideration to the matter and
report on it as may be required.
(4) Subject to the provisions of
this Act a Regional House of
Chiefs may appoint such committees
comprising such persons as it may
determine to assist it in the
discharge of its functions, and
subject as aforesaid may delegate
to any such committee such of its
functions as it may think fit.
(5) Standing Orders made under
section 10 of this Act may
regulate the composition, tenure
of office and procedure of such
committees and may also make such
other provision in relation to
such committees as may appear to
the House of Chiefs making the
Standing Orders to be expedient.
Section 10—Regional House of
Chiefs to Make Standing Orders.
Each Regional House of Chiefs may
make Standing Orders for the
regulation and orderly conduct of
its business.
Section 11—Meetings of Regional
Houses of Chiefs.
(1) Each Regional House of Chiefs
shall meet for the dispatch of its
business at such place and time as
that House may determine but shall
meet not less than twice in any
year.
(2) The Registrar of each Regional
House of Chiefs shall also call a
special meeting of the House upon
a request made in that behalf and
signed by the President of that
House or not less than one-half of
the total number of members of
that House.
(3) No business except that of
adjournment shall be transacted at
any meeting of a Regional House of
Chiefs at which there are present
less than one-half of the total
number of members of that House.
(4) The President of each Regional
House of Chiefs shall, if present
at any meeting of the House,
preside at that meeting and in his
absence the Vice-President or in
the absence of the Vice-President
a member of the House elected by
the members present from among
their number shall preside at that
meeting.
(5) Any question arising for
decision by any Regional House of
Chiefs shall be determined by the
votes of the majority of persons
present and voting and in the
event of an equality of votes the
President or other person
presiding at that meeting shall
have a second or casting vote:
Provided that Standing Orders of
the Regional House of Chiefs may
provide for participation in the
proceedings of the said House by a
member through a representative
and the casting of votes by proxy
or by any other means of
representation permitted by
customary law.
(6) The validity of the
proceedings at any meeting of a
Regional House of Chiefs shall not
be affected by any vacancy in the
office of President or
Vice-President of or in the
membership of the House or by any
defect in the appointment or
election of any person holding
such office.
Section 12—Traditional Councils.
(1) There shall be a Traditional
Council for each traditional area
and the Traditional Councils in
existence immediately before the
commencement of this Act shall
continue in existence for the
traditional areas in respect of
which they existed immediately
before the said commencement.
(2) The name of every Traditional
Council shall be shown in the
National Register of Chiefs
maintained under section 50 of
this Act.
Section 13—President of Council.
(1) Except in the case of a joint
Council, the Paramount Chief of a
traditional area or, in the case
of the Kumasi traditional area,
the Asantehene shall be the
President of the Traditional
Council.
(2) In the case of a joint
Council, the President shall be
such of the Paramount Chiefs
exercising jurisdiction in the
traditional area in question as
the Minister may acting on the
advice of the National House of
Chiefs by notice published in the
Local Government Bulletin direct.
Section 14—Membership.
(1) Subject to the provisions of
this section, a Traditional
Council shall consist, in addition
to the President, of the persons
shown in the National Register of
Chiefs as the members thereof.
(2) Subject to subsection (4) of
this section, the membership of a
Traditional Council in the first
instance shall be the same as the
membership of that Council
immediately before the
commencement of this Act.
(3) As soon as practicable after
any change occurs in the
membership of a Traditional
Council the Council shall notify
the Regional House of Chiefs
thereof which shall in turn notify
the National House of Chiefs and,
subject to the following
subsection, the National House of
Chiefs shall cause the said
Register to be altered
accordingly.
(4) If the National House of
Chiefs is satisfied after
consultation with the appropriate
Regional House of Chiefs that any
person should, or that any person
should not, be a member of a
Traditional Council, the National
House of Chiefs may amend the
Register accordingly.
Section 15—Jurisdiction in
Chieftaincy Disputes.
(1) Subject to the provisions of
this Act and to any appeal
therefrom, a Traditional Council
shall have exclusive jurisdiction
to hear and determine any cause or
matter affecting chieftaincy which
arises within its area, not being
one to which the Asantehene or a
Paramount Chief is a party.
(2) The jurisdiction conferred by
this section shall be exercised in
accordance with Part V of this
Act.
Section 16—Meetings.
(1) Meetings of a Traditional
Council shall be held at such
times and places as the President
of the Council may appoint, or in
his absence, inability, or refusal
to act, as may be demanded by not
less than one-half of the members
of the Traditional Council.
(2) Where the President is from
any cause unable to attend a
meeting the Chief next in
seniority on the Council shall
preside over the meeting.
(3) No business except that of
adjournment shall be transacted if
less than one-half of the total
number of members are present.
Section 17—Duty of Persons to
Assist Traditional Councils.
(1) It shall be the duty of every
person who, under customary law,
is required to perform any
specific duty when so required by
the appropriate Traditional
Council, to assist in carrying out
the functions imposed upon the
Council at customary law.
(2) A person who fails without
reasonable excuse to comply with a
requirement under the preceding
subsection shall be guilty of an
offence and liable to a fine not
exceeding Ną100.00.
PART IV—DIVISIONAL COUNCILS
Section 18—Division.
A
division is any area which is
specified in the National Register
of Chiefs as a division.
Section 19—Divisional Councils.
(1) Where a division falls within
a traditional area the Traditional
Council concerned may create in
respect of that division a
Divisional Council which shall
comprise such members as that
Traditional Council may determine.
(2) Where a Division does not fall
within a traditional area the
Regional House of Chiefs of the
Region in which the division falls
may create a Divisional Council in
respect of that division,
comprising such members as the
Regional House of Chiefs may
determine.
Section 20—Meetings.
(1) There shall be a President of
a Divisional Council who shall be
such person as may—
(a) in the case of a Divisional
Council created under subsection
(1) of section 19, be determined
by the Traditional Council
concerned, or
(b) in the case of a Council
created under subsection (2) of
section 19, be determined by the
Regional House of Chiefs
concerned.
(2) Meetings of Divisional Council
shall be held at such times and
places as the President may
appoint or as may be demanded by
not less than one-half of the
members of the Council.
(3) Where the President is from
any cause unable to attend a
meeting a member of the Council
elected by the members present
from among their number shall
preside at that meeting.
(4) No business except that of
adjournment shall be transacted if
less than one-half of the total
number of members are present.
Section 21—Functions of Divisional
Councils.
(1) The Minister may, acting in
accordance with the advice of the
Traditional Council concerned or
where there is no Traditional
Council for the area, acting in
accordance with the advice of the
National House of Chiefs assign
functions to a Divisional Council
including functions with respect
to any cause or matter affecting
chieftaincy.
(2) Where the function of hearing
and determining any cause or
matter affecting chieftaincy has
been conferred on a Divisional
Council under subsection (1) of
this section, the provisions of
this Act relating to the exercise
by a Traditional Council of that
function shall, with the necessary
modifications, apply to the
Divisional Council as they apply
to a Traditional Council.
PART V—PROCEEDINGS AFFECTING
CHIEFTAINCY
Section 22—Judicial Functions of
National House of Chiefs. Article
154 (3) (a) of Constitution.
(1) The National House of Chiefs
shall have appellate jurisdiction
in any matter relating to
chieftaincy which has been
determined by the House of Chiefs
in a Region from which appellate
jurisdiction there shall be an
appeal with the leave of the
Supreme Court or the National
House of Chiefs to the Supreme
Court.
(2) Any person aggrieved by any
judgment or order of a Regional
House of Chiefs in the exercise of
its original or appellate
jurisdiction may appeal to the
National House of Chiefs as of
right, against such judgment or
order.
(3) The appellate jurisdiction
conferred on the National House of
Chiefs shall be exercised by a
judicial committee of that House
comprising five persons appointed
by that House.
(4) A judicial committee shall be
assisted by counsel who shall be
a lawyer of not less than seven
years' standing as a lawyer
appointed by the National House of
Chiefs on the recommendation of
the Attorney-General.
(5) An appeal to the National
House of Chiefs against a judgment
or order of a Regional House of
Chiefs shall be lodged within
thirty days after the decision
appealed against:
Provided that the Regional House
of Chiefs or the National House of
Chiefs may if it appears to it
just so to do extend such period
for a further period expiring not
later than two months from the
date of the decision appealed
against.
(6) Upon any such appeal the
National House of Chiefs may,
subject to the provisions of this
section, confirm, reverse or vary
the decision appealed against, or
remit the matter or any part
thereof for reconsideration by the
Regional House of Chiefs from
whose decision the appeal is
brought and in each case subject
to such conditions or directions
as the National House of Chiefs
may consider fit.
Section 23—Original and Appellate
Jurisdiction of Regional House of
Chiefs. Article 155(1).
(1) Each Regional House of Chiefs
shall have the following original
and appellate jurisdiction:—
(a) original jurisdiction in all
matters relating to a paramount
stool or the occupant of a
paramount stool, and
(b) appellate jurisdiction to hear
and determine subject to the
provisions of clause (3) of
article 105 of the Constitution
appeals from the highest
Traditional Councils within the
area of authority of the
Traditional Authority within which
they are established, in respect
of the nomination, election,
appointment, installation or
deposition of any person as a
Chief.
(2) Each such House of Chiefs
shall also have jurisdiction to
hear and determine appeals against
any judgment or order given or
made by any Traditional Council in
any other cause or matter
affecting chieftaincy.
(3) Any person aggrieved by any
judgment or order made by a
Traditional Council in any cause
or matter affecting chieftaincy
may appeal to the House of Chiefs
of the Region as of right against
the judgment or order.
(4) The original and appellate
jurisdiction conferred on each
Regional House of Chiefs shall be
exercised by a judicial committee
of that House comprising three
persons appointed by that House.
(5) A judicial committee appointed
under this section shall be
assisted by Counsel who shall be a
lawyer of not less than five
years' standing as a lawyer
appointed by the Regional House of
Chiefs on the recommendation of
the Attorney-General.
(6) Any appeal to a Regional House
of Chiefs against a judgment or
order of a Traditional Council
shall be lodged within thirty days
after the judgment or order
appealed against unless the
Regional House of Chiefs upon
application made to it within
thirty days after the expiration
of the period within hich an
appeal may be lodged under this
subsection, grants an extension of
time within which to lodge an
appeal.[As substituted by the
Chieftaincy (Amendment) Decree,
1973 (NRCD 166), s.1].
(7) Upon any such appeal a
Regional House of Chiefs may,
subject to the provisions of this
section confirm, reverse or vary
the decision appealed against or
remit the matter or any part
thereof for reconsideration to the
Traditional Council from which the
appeal is brought and in each case
subject to such conditions or
directions as the Regional House
of Chiefs may consider fit.
Section 24—Evidence, Etc. Before
Judicial Committees.
(1) A judicial committee may
receive in evidence any matter
(including hearsay) which tends to
prove or disprove any fact
relevant to the subject matter
before the committee.
(2) Any such committee may in
connection with any such matter do
all or any of the following acts
as may be done by the High Court
in proceedings before the High
Court:—
(a) make presumptions of law or
fact,
(b) take cognisance of matters
which are so notorious or clearly
established that evidence of their
existence is deemed unnecessary,
(c) draw inferences from facts
already in evidence.
(3) Notwithstanding anything in
this section a judicial committee
shall not make any finding of fact
or draw any inference from any
fact based solely on hearsay
evidence.
(4) Any party to proceedings
before a judicial committee may
appear in person or by counsel and
any other person required or
entitled to appear may appear
either in person or with leave of
the committee by counsel.
(5) The following provisions of
this section shall apply for the
purpose of ascertainment of
customary law in proceedings
before a judicial committee.
(6) Any question as to the
existence or content of a rule of
customary law is a question of law
for the committee and not a
question of fact.
(7) If the committee entertains
any doubt as to the existence or
content of a rule of customary law
relevant in any proceedings after
considering such submissions
thereon as may be made by or on
behalf of the parties and
consulting such reported cases,
textbooks and other sources as may
be appropriate, the committee
shall adjourn the proceedings to
enable an enquiry to take place
under the next subsection.
(8) The inquiry shall be held as
part of the proceedings in such
manner as the committee considers
expedient, and the provisions of
this Act relating to the
attendance and testimony of
witnesses shall apply for the
purpose of the tendering of
opinions to the committee at the
inquiry, but shall apply subject
to such modifications as may
appear to the committee to be
necessary:
Provided that—
(a) the decision as to the persons
who are to be heard at the inquiry
shall be one for the committee,
after hearing such submissions
thereon as may be made by or on
behalf of the parties;
(b) the committee may request any
authority or body possessing
knowledge of the customary law in
question to state its opinion
which may be laid before the
inquiry in written form.
Section 25—Security for Costs,
Etc. in Proceedings Before
Judicial Committee.
(1) A judicial committee may
require the applicant in
proceedings before it to give
security for costs of the
application.
(2) In every case determined by a
judicial committee the costs shall
be in the discretion of the
committee.
(3) For the purposes of the
recovery of costs, a certificate
of the committee setting forth the
particulars may be filed without
payment of any fee with the High
Court and when so filed shall be
accepted by that Court as
sufficient evidence of the facts
so certified and costs imposed
under this section may be taxed as
if imposed by the High Court.
Section 26—General Provisions
Relating to Judicial Proceedings
Before Houses of Chiefs.
(1) The National House of Chiefs
or a Regional House of Chiefs
shall have in relation to any
appeal coming before it all the
powers of the tribunal from which
the appeal is brought.
(2) In the exercise of the
judicial power of the National
House of Chiefs and a Regional
House of Chiefs, each such house
shall have such powers, rights and
privileges as are vested in the
High Court of Justice or a Judge
thereof at a trial in respect of—
(a) enforcing the attendance of
witnesses and examining them on
oath, affirmation or otherwise,
(b) compelling the production of
documents, and the issue of a
commission or request to examine
witnesses abroad.
(3) Subject to the provisions of
this Act the practice and
procedure of the National House of
Chiefs and of a Regional House of
Chiefs in the exercise of their
judicial functions shall be
regulated by rules made in
consultation with the respective
House by the Rules of Court
Committee established by Article
121 of the Constitution.
(4) A member of any judicial
committee appointed under this Act
or the Counsel thereto shall not
be liable to any action or suit in
respect of any matter or thing
done by him in the performance of
his functions under this Act.
(5) Any member of such Committee
or the Counsel thereto shall in
relation to the exercise of any
function under this Act be deemed
to be a public officer for the
purposes of the Criminal Code,
1960 (Act 29).
(6) A person who does anything in
relation to the exercise of the
judicial functions of the National
House of Chiefs or a Regional
House of Chiefs which if done in
relation to the High Court will
constitute a contempt of that
court shall be guilty of contempt
of that House.
(7) Where it appears to a judicial
committee that any person has
committed contempt of the House of
Chiefs by which that committee was
appointed it shall certify that
fact to the High Court and the
High Court shall after inquiring
into the matter take steps for the
punishment of the person in
question if it is satisfied that
he is guilty of contempt, and
shall otherwise acquit that
person.
(8) The functions of any counsel
appointed to assist any judicial
committee under section 22 or 23
of this Act shall be to advise the
committee on all matters of law,
including in particular, evidence,
procedure and interpretation of
documents and statutes.
Section 27—Certain Appeals to
Operate as Stay of Execution.
An appeal to the National House of
Chiefs or a Regional House of
Chiefs against a final judgment or
order shall operate as a stay of
execution of the judgment or order
appealed against, and any other
order made consequentially upon it
unless the appellate tribunal
otherwise directs.[As substituted
by Chieftaincy (Amendment) (No.2)
Decree, 1973 (NRCD 226)].
Section 28—Proceedings Before a
Traditional Council.
(1) In the exercise of the
jurisdiction conferred upon it by
section 15 of this Act, a
Traditional Council shall, subject
to the provisions of this section
conduct its proceedings according
to customary law, but for the
purpose of compelling the
attendance of parties and
witnesses and the production of
documents, a Traditional Council
shall have the like powers as are
possessed by a District Court in
the exercise of its civil
jurisdiction.
(2) The said jurisdiction shall be
exercised by a judicial committee
of the Traditional Council
comprising three or five persons
appointed by that Council; and
accordingly the provisions of this
Act relating to proceedings and
functions of a judicial committee
of a Regional House of Chiefs
shall, with such modifications as
may be prescribed by the Minister
by regulations made under section
62 of this Act apply to
proceedings and functions of a
judicial committee of a
Traditional Council.
(3) A Traditional Council may in
respect of any cause or matter
affecting chieftaincy determined
by it make any award of a civil
nature including any award of
amends to an injured person.
(4) Nothing in this section shall
be deemed to authorise a
Traditional Council to punish any
person by imposing a fine or
awarding a term of imprisonment,
and, subject to the provisions of
Part VI of this Act, and except in
the case of stool property, no
award shall be made which would
involve the delivery or disposal
of property or the payment of
money exceeding Ną400.00 in value.
(5) A Traditional Council shall,
within thirty days after deciding
any cause or matter affecting
chieftaincy report its decision to
the Regional House of Chiefs in
the Region.
Section 28A—Vacancies in Judicial
Committees.
(1) Except as provided in
subsection (3) of this section
where a vacancy occurs in the
membership of a judicial committee
of the National House of Chiefs,
or a Regional House of Chiefs, or
a Traditional Council, otherwise
than as a result of the expiration
of the term of office of its
members, the appropriate House or
Council may fill the vacancy.
(2) Where the proceedings of a
judicial committee have not been
completed before the filling of a
vacancy under subsection (1) of
this section the judicial
committee as reconstituted after
the filling of the vacancy shall
adopt the proceedings of the
judicial committee as previously
constituted in the cause or matter
in question.
(3) Where at the time of the
expiration of the term of office
of members of the National House
of Chiefs or a Regional House of
Chiefs or a Traditional Council
under this Act, there is pending
before the judicial committee of
the appropriate House or Council
of which they are members any
part-heard appeal or any cause or
matter relating to chieftaincy
such members shall for the purpose
of completing the hearing and
determination of the appeal or
cause or matter continue to hold
office for a further period of not
more than three months after their
term of office has expired. [As
inserted by Chieftaincy
(Amendment) Law, 1982 (PNDCL 25)].
Section 29—Preservation of Stool
Property Affected by Disputes,
Etc.
(1) The Commissioner responsible
for chieftaincy matters may in
consultation with the Traditional
Council of the area, by executive
instrument, published in the
Gazette, order any person to take
possession of any stool property
in any of the following
circumstances:—
(a) where the stool property is
affected by pending proceedings in
respect of a cause or matter
affecting chieftaincy;
(b) where the Commissioner is
satisfied on reasonable grounds
that there is a pending dispute
affecting the stool property and
that it is in the interest of
public order or it is necessary
for the preservation of the stool
property to take possession of the
stool property;
(c) where a chief has abdicated or
has in pursuance of any
proceedings in respect of any
cause or matter affecting
chieftaincy been destooled and he
has failed to hand over the stool
property to the person who under
customary law is entitled to
recieve such stool property.
(2) Any person who takes
possession of stool property under
this section shall, as soon as
practicable prepare an inventory
of such stool property and
transmit a copy of the inventory
to the said Commissioner together
with a signed certificate of its
correctness.
(3) Where the need for the
retention of any property taken
possession of under this section
has passed, the Commissioner
shall, order the restoration of
the property to the stool
concerned.
(4) Any person who wilfully
obstructs a person ordered under
this section to take possession of
any stool property or who wilfully
obstructs the restoration of stool
property ordered by the
Commissioner under subsection (3)
of this section shall be guilty of
a misdemeanour.[As substituted by
the Chieftaincy (Amendment)
Decree, 1973 (NRCD 166), s.2].
Section 30—Enforcement of Judgment
of Houses of Chiefs or Traditional
Councils.
(1) Upon an application made by a
party to any proceedings before a
judicial committee of a House of
Chiefs in whose favour a judgment
or order was made by that
committee, that committee shall
forward a copy of the judgment or
order to the High Court with a
request for execution and upon the
payment by the applicant of the
necessary fees the High Court
shall take such steps and issue
such process as may be necessary
for the purpose of the execution
of the said judgment or order as
it would take or issue if it were
a judgment or order of that court.
(2) Upon an application made by a
party to the proceedings before a
judicial committee of a
Traditional Council in whose
favour a judgment or order was
made by the Council, that Council
shall forward a copy of the
judgment or order of the Council
in those proceedings, to the
Circuit Court having jurisdiction
in the traditional area in
question with a request for
execution.
(3) Upon the payment by the
applicant of the necessary fees
the said Circuit Court shall take
such steps and issue such process
as may be necessary for the
purpose of the execution of the
judgment or order as it would take
or issue if it were a judgment or
order of that court.
Section 31—Protection of Parties,
Counsel and Witnesses.
(1) Any party, counsel or witness
before a judicial committee shall
enjoy the same protection in
respect of statements made by him
in the course of and for the
purposes of the proceedings of the
said tribunal as he would have
enjoyed before the High Court.
(2) Any witness before a judicial
committee shall have the same
privileges as he would have had
before the High Court.
Section 32—Obstruction of
Proceedings, Etc.
Subject to section 31 of this Act,
any person who in proceedings
before a judicial committee and
without lawful excuse (proof of
which shall be on him)—
(a) fails when required by the
said committee to produce or
deliver up any document, answer
any question or sign any document,
or
(b) wilfully obstructs the
proceedings of the said committee
at any stage thereof,
shall be guilty of an offence and
shall, on summary conviction be
liable to a fine not exceeding
Ną200.00 or to a term of
imprisonment not exceeding twelve
months or to both.
Section 33—Right to bring
Proceedings for Destoolment.
No person shall be deemed to be
entitled by this Act to institute
proceedings for the destoolment of
a Chief unless he is entitled to
do so under customary law.
Section 34—Proceedings in
Chieftaincy Matters to be Recorded
in Writing.
The proceedings of a National or
Regional House of Chiefs and a
Traditional Council in any cause
or matter affecting chieftaincy
shall be recorded in writing.
Section 35—Applications to Two
Tribunals.
Where under this Act an
application is required to be made
either to one tribunal or another,
the application shall first be
made to the lower tribunal but if
that tribunal refuses the
application the applicant shall
then be entitled to have the
application determined by the
higher tribunal.
PART VI—STOOL PROPERTY
Section 36—What is Stool Property.
Stool property consists of the
following—
(a) the stool itself and all the
insignia of the stool;
(b) such other movable property
and land as was handed over or
declared as stool property to the
Chief on his installation;
(c) any property movable or
immovable acquired as stool
property after the installation of
the Chief.
Section 37—Alienation of Stool
Property Requires Consent of
Traditional Council.
In addition to the consent and
concurrence of the Lands
Commission required by clause (3)
of article 164 of the
Constitution, any transaction
purporting to alienate or pledge
any stool property whether movable
or immovable shall be voidable
unless made or entered into with
the consent of the Traditional
Council concerned.
Section 38—Prohibition Upon
Execution.
No stool property whether movable
or immovable shall be seized in
execution at the suit of any
person except with the written
consent of the Minister.
Section 39—Recovery of Stool
Property.
Where a judicial committee makes
any order for the delivery up of
stool property any person who
fails to comply with that order
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding Ną200.00 or to
a term of imprisonment not
exceeding twelve months or to both
and also to a further fine not
exceeding Ną10.00 for each day for
which the offence continues.
PART VII—CUSTOMARY LAW
Section 40—National House of
Chiefs to Promote the Development
of Customary Law.
The National House of Chiefs
shall, subject to clause (2) of
article 126 of the Constitution,
undertake the progressive study,
interpretation and codification of
customary law with a view to
evolving, in appropriate cases a
unified system of rules of
customary law.
Section 41—Functions of
Traditional Councils Relating to
Customary Law.
If a Traditional Council considers
the customary law which is in
force within its area to be
uncertain or considers it
desirable that it should be
modified or assimilated by the
common law the Council shall make
representations on the matter to
the House of Chiefs in the region.
Section 42—Declaration of
Customary Law.
(1) A Regional House of Chiefs
may, either after receiving
representations from a Traditional
Council or on its own initiative,
and shall if so requested in
writing by the National House of
Chiefs draft a declaration of what
in its opinion is the customary
law rule relating to any subject
in force in its region or any part
thereof.
(2) A draft prepared under
subsection (1) of this section
shall be submitted to the National
House of Chiefs and if the said
House after considering it and
after consultation with the
Regional House of Chiefs concerned
is satisfied that the draft either
as submitted or with such
modifications as it considers
necessary is a correct statement
of the customary rule in question,
it shall submit a request in
writing to the President to the
effect that that statement of the
customary law rule be given effect
to in the area in question.
(3) The President may upon
receiving a request made by the
National House of Chiefs under
subsection (2) of this section and
after consultation with the Chief
Justice make a legislative
instrument giving effect to the
recommendations submitted to him
by the said House, and providing
that the rule in question shall
have effect within the area in
question in the form set out in
the instrument.
Section 43—Alteration of Customary
Law.
(1) A Regional House of Chiefs may
either after receiving
representations from a Traditional
Council or on its own initiative,
and shall if so requested in
writing by the National House of
Chiefs, draft a statement of
alterations it thinks desirable in
any customary law rule in force in
its region or any part thereof.
(2) A draft prepared under
subsection (1) of this section
shall be submitted to the National
House of Chiefs and if the said
House is satisfied after
consultation with the Regional
House of Chiefs concerned, that
effect should be given to the
draft, either as submitted or with
such modifications as it considers
necessary, it shall submit a
request in writing to the
President to the effect that that
statement of the rule as modified
by the draft be given effect in
the area in question.
(3) The President may, upon
receiving a request made by the
National House of Chiefs under
subsection (2) of this section and
after consultation with the Chief
Justice make a legislative
instrument giving effect to the
recommendations submitted to him
by the said House under the said
subsection (2) and providing that
the rule shall have effect within
the area in question in the form
set out therein.
Section 44—Regional House of
Chiefs Affected by Same Rule of
Customary Law.
(1) Where a question affecting the
customary law is common to more
than one Regional House of Chiefs
there shall be a joint committee
of the Houses of Chiefs affected
to consider that question.
(2) The joint committee mentioned
in subsection (1) of this section
shall be made up of a committee of
each House set up for the purpose.
(3) The joint committee under this
section shall have the same
authority as if the question
before it were before a Regional
House of Chiefs, and the
provisions of this Part shall
apply accordingly.
Section 45—Assimilation of
Customary Law.
(1) The National House of Chiefs
may on its own initiative and
shall, upon request so to do, made
to it in writing by the President
or by a joint committee referred
to in section 44 of this Act
comprising representatives of all
the Regional Houses of Chiefs,
consider whether a rule of
customary law should be
assimilated by the common law.
(2) If after considering such
evidence and representations as
may be submitted to it and
carrying out such investigations
as it may think fit the National
House of Chiefs is of the opinion
that the rule should be
assimilated by the common law, it
shall draft a declaration
describing the rule, with such
modifications as it may consider
desirable.
(3) A draft prepared under
subsection (2) of this section
shall be submitted to the
President who may after
consultation with the Chief
Justice make a legislative
instrument giving effect to the
recommendations of the National
House of Chiefs and declaring the
rule to be assimilated in the form
specified in the instrument.
Section 46—Effect of Assimilation.
(1) Where a rule is declared to be
assimilated under subsection (3)
of section 45 of this Act, it may
be referred to as a common law
rule of customary origin.
(2) A common law rule of customary
origin shall apply to every issue
within its scope whether or not
that issue would if assimilation
had not taken place, have been
determined according to the common
law or any system of customary
law.
(3) Where an issue falls to be
determined by a combination of two
or more rules, nothing in this
Part shall prevent any rule of
common law or customary law which
is not within the scope of a
relevant common law rule of
customary origin from being
applied, in accordance with
paragraph 64 of the Courts Decree,
1966 (N.L.C.D. 84) in combination
with the said rule of customary
origin.
(4) Subject to the provisions of
this Part, in applying a common
law rule of customary origin the
court may have regard to such
textbooks and other sources
indicating the content of the rule
as would be available if it had
not been assimilated, and shall
treat the rule in the same way as
any other common law rule.
(5) Nothing in this section shall
be taken to modify the provisions
of sections 17 and 18 of the
Interpretation Act, 1960 (C.A. 4)
(which explain the meaning of the
expression "the common law" and
"customary law").
Section 47—Power to Include
Transitional Provisions.
A
legislative instrument made under
this Part of this Act may contain
such transitional provisions as
the President acting on the advice
of the National House of Chiefs
and in consultation with the Chief
Justice may consider necessary in
relation to cases pending at the
date when the instrument is made
or otherwise.
PART VIII—CHIEFS
Section 48—Who is a Chief.
(1) A Chief is an individual who
has, in accordance with customary
law, been nominated, elected and
installed as a Chief or as the
case may be appointed and
installed as such and whose name
for the time being appears as a
Chief on the National Register of
Chiefs:
Provided that no person shall be
deemed to be a Chief for the
purposes of the exercise by him of
any function under this Act or
under any other enactment, unless
he has been recognised as such by
the Minister by notice published
in the Local Government Bulletin.
(2) Subject to the foregoing
subsection (1) the name of any
person who has been installed as a
Chief shall be entered by the
National House of Chiefs in the
National Register of Chiefs not
later than one month from the date
of the receipt of the notification
of such installation.
(3) No person shall be granted
recognition as a chief under this
section if he has been convicted
of an offence involving fraud,
dishonesty or moral turpitude. [As
inserted by Chieftaincy
(Amendment) Law, 1993 (PNDCL 307)
s. 1].
(4) For the avoidance of doubt, a
withdrawal of recognition made in
respect of any chief who has been
found to have been convicted of an
offence involving fraud,
dishonesty or moral turpitude by
the Provisional National Defence
Council, shall be deemed to have
been made in compliance with
subsection (3) of this section.
[As inserted by Chieftancy
(Amendment) Law, 1993 (PNDCL 307)
s. 1].
Section 49—Categories of Chiefs.
The following are the categories
of Chiefs—
(a) the Asantehene and Paramount
Chiefs;
(b) Divisional Chiefs;
(c) Sub-divisional Chiefs;
(d) Adikrofo; and
(e) such other Chiefs not falling
within any of the preceding
categories as are recognised by
the Regional House of Chiefs.
Section 50—National Register of
Chiefs.
(1) The National House of Chiefs
shall maintain a register to be
known as "the National Register of
Chiefs", in this Part referred to
as "the Register".
(2) The National House of Chiefs
shall cause to be recorded on the
Register such particulars relating
to chieftaincy as it may think fit
or as may be required by this Act
or any other enactment to be
recorded thereon.
(3) The Minister or any person
authorised by him in writing may
request to be supplied with a copy
of the Register or an extract
thereof and upon such request the
National House of Chiefs shall
cause to be supplied accordingly a
copy of the Register or an extract
thereof, in each case duly
certified to be true by the
Registrar or a public officer
authorised in writing by him.
(4) The Minister may also request
such other information in
connection with the maintenance of
the Register as may be necessary
for the due administration of this
Act and the National House of
Chiefs shall comply with such
request.
(5) The Minister or any public
officer authorised by him in
writing may at any reasonable
time, enter the premises where the
Register is kept and take extracts
thereof.
(6) Any other person shall, upon
the payment of the fee prescribed
in that behalf by regulations made
under section 62 of this Act, be
entitled—
(a) at any reasonable time, to
enter the premises where the
Register is kept and inspect the
Register,
(b) to have supplied to him an
extract of the contents of the
Register or any part thereof duly
certified by the Registrar or by
any public officer authorised by
him in writing to be true.
(7) Any person aggrieved by the
refusal by the National House of
Chiefs to register him as a Chief
may within thirty days after the
decision appeal against the
decision to the Supreme Court.
(8) The contents of the Register
shall be prima facie evidence of
the existence of any facts or
particulars stated therein.
(9) In any legal proceedings the
contents of the Register or any
part thereof may be proved by a
copy thereof duly certified under
the hand of the Registrar to the
National House of Chiefs or any
public officer authorised by him
in writing to be a true copy of
the contents or of that part.
Section 51—Enstoolments,
Destoolments, Etc. of Chiefs to be
Reported to Minister.
(1) All enstoolments, destoolments,
abdications and deaths of Chiefs
in any Region as well as all such
other changes in the status of
Chiefs as may be prescribed by
regulations made under section 62
of this Act shall as soon as
practicable after their
occurrence, be reported in writing
to the Minister by the Regional
House of Chiefs of the Region
through the National House of
Chiefs.
(2) Subject to section 48 of this
Act, the Minister shall upon
receipt of any such report cause
its contents to be published in
the Local Government Bulletin for
the information of the general
public.
Section 52—Prohibition of Persons
Purporting to Act as Chief.
(1) If it appears to him to be
necessary so to do in the
interests of public order the
Minister may by executive
instrument—
(a) prohibit any person who is not
a Chief (whether or not he was
formerly, a Chief) from purporting
to exercise any of the functions
of a Chief,
(b) require that no person shall
treat as a Chief a person subject
to such prohibition.
(2) The Minister may also in the
interests of public order direct
in writing any person described in
subsection (1) (a) of this section
to reside outside or not to enter
or remain in an area specified by
the Minister being an area which
is or includes any place in
relation to which that person
wrongfully claims to be a Chief or
in relation to which any other
person wrongfully treats him as a
Chief:
Provided that any direction given
under this subsection shall be
reviewed by the Minister at
monthly intervals and unless
renewed shall cease to have effect
after three months.
(3) Any person who without lawful
excuse (proof of which shall be on
him) fails to comply with an
executive instrument or direction
made or given under this section
shall be guilty of an offence and
shall be liable on summary
conviction to a fine not exceeding
Ną400.00 or to a term of
imprisonment not exceeding twelve
months or to both.
Section 53—Certain Offences in
Connection with Chiefs.
Any person who—
(a) knowingly uses disrespectful
or insulting language or offers
any insult whether by word or
conduct to a Chief, or
(b) being a person in possession
of stool property fails upon being
requested so to do and without
reasonable excuse (proof of which
shall be on him) to surrender the
said property to the person who
for the time being is entitled to
possession thereof according to
customary law,
shall be guilty of an offence and
shall, upon summary conviction be
liable to a fine not exceeding
Ną100.00 or to a term of
imprisonment not exceeding six
months or to both; and in the case
of a continuing offence to a
further fine not exceeding Ną5.00
for each day on which the offence
continues.
PART IX—MISCELLANEOUS
Staff
Section 54—Staff of Houses of
Chiefs.
(1) The National House of Chiefs,
and each Regional House of Chiefs
shall have a Registrar to that
House as well as such other staff
as the President acting on the
advice of the Public Services
Commission may determine.
(2) Subject to articles 120 and
122 of the Constitution, the
members of the staff of the
National House of Chiefs and of
each Regional House of Chiefs
shall hold office upon such terms
and conditions as the President
after consultation with the Public
Services Commission may determine.
(3) All appointments to and
changes in the appointments to the
office of Registrar to the
National House of Chiefs and each
Regional House of Chiefs, shall be
published in the Local Government
Bulletin and the same shall, if
the National House of Chiefs so
directs, apply in respect of the
offices of all or any of the other
members of staff of the National
House of Chiefs and each Regional
House of Chiefs.
Section 55—Functions of Registrar
to a House of Chiefs.
(1) The Registrar of the National
House of Chiefs and of each
Regional House of Chiefs shall be
the chief administrative officer
of the House of Chiefs concerned
and shall have control over the
other members of staff of that
House.
(2) The Registrar shall perform
such duties in relation to the
functions of the House of Chiefs
to which he is the Registrar as
that House may direct.
(3) The Registrar shall, without
prejudice to the generality of the
foregoing provisions of this
section, cause to be kept minutes
of the proceedings of the said
House of Chiefs and shall have
custody of all records and other
documents of that House.
Section 56—Traditional Councils.
A
Traditional Council shall have
such staff as the President on the
advice of the Public Services
Commission may determine.
Finance
Section 57—Funds of Houses of
Chiefs and Traditional Councils.
Subject to the provisions of this
Part, The National House of
Chiefs, a Regional House of Chiefs
and a Traditional Council shall
each have such funds for the
discharge of its functions as
Parliament may from time to time
provide.
Section 58—Estimates of Houses of
Chiefs.
(1) The National House of Chiefs
and each Regional House of Chiefs
shall in each year and by such
date as the Minister may direct,
submit to the Minister for the
approval of the Government
estimates of revenue and
expenditure in respect of the
succeeding year.
(2) The estimates when approved by
the Government shall be submitted
to the National Assembly.
(3) All expenses incurred by the
National House of Chiefs or a
Regional House of Chiefs in
respect of the exercise of its
judicial functions are hereby
charged on the Consolidated Fund.
Section 59—Accounts and Audit.
(1) The National House of Chiefs,
a Regional House of Chiefs and a
Traditional Council shall keep
proper books of account and proper
records in relation thereto and
the said accounts shall be kept in
such form as the Auditor-General
may approve.
(2) The said accounts shall be
audited by the Auditor-General and
accordingly the provisions of
Article 135 of the Constitution
shall apply in relation thereto.
Section 60—Power of Minister to
Give Financial Instructions.
(1) The Minister may after
consultation with the Minister
responsible for Finance and the
Auditor-General, issue in writing
instructions, not inconsistent
with this Act, for the better
control and management of the
financial affairs of the National
House of Chiefs or the Regional
Houses or Traditional Councils.
(2) The instructions may be of a
general or special nature and each
such House or Council shall be
bound to comply with such
instructions.
Section 61—Actions by or Against
Houses of Chiefs and Traditional
Councils, Etc.
The President of the National
House of Chiefs or a Regional
House of Chiefs or of a
Traditional Council may represent
that House or Council in any
action brought by or against that
House or Council but actions may
otherwise be brought by or against
that House or Council as if it
were a person.
General
Section 62—Regulations.
The Minister may by legislative
instrument make such regulations
as may appear to him to be
necessary or expedient for giving
full effect to the provisions of
this Act including, without
prejudice to the generality of the
foregoing, the making of
regulations prescribing fees in
respect of anything done under
this Act or under regulations made
thereunder.
Section 63—Saving of Rights of
Allegiance and Rights Over Land,
Etc.
Nothing in this Act shall be
deemed to prejudice any right of
allegiance to which a chief in one
Region is entitled from a chief in
another Region or any right of a
stool in one Region to any
property movable or immovable,
situate or existing in another
Region.
Section 64—Stool Lands Account for
Each Region.
Subject to clause (2) of article
164 of the Constitution, (which
provides for the establishment of
a Stool Lands Account for each
stool) there shall be established
for each Region a Regional Stool
Lands Account representing the
total of the Stool Lands Accounts
of all the stools within the
Region.
Section 65—Annual Statement of
Accounts to be Submitted to
Stools.
The person or authority for the
time being charged with
responsibility for keeping Stool
Lands Accounts shall, once in each
year, submit to each stool whose
account is kept by him a statement
of revenue and expenditure in
respect of that account, in such
form as the Minister may
determine.
Section 66—Interpretation.
In this Act—
"Asantehene"
means the occupant of the Golden
Stool of Ashanti;
"cause or matter affecting
chieftaincy" means any cause,
matter, question or dispute
relating to any of the following—
(a) the nomination, election,
appointment or installation of any
person as a Chief or the claim of
any person to be nominated,
elected, appointed or installed as
a Chief;
(b) the destoolment or abdication
of any Chief;
(c) the right of any person to
take part in the nomination,
election, appointment or
installation of any person as a
Chief or in the destoolment of any
Chief;
(d) the recovery or delivery of
stool property in connection with
any such nomination, election,
appointment, installation,
destoolment or abdication;
(e) the constitutional relations
under customary law between
Chiefs,
"Divisional Chief" means a Chief
whose name for the time being
appears as a Divisional Chief on
the National Register of Chiefs;
"judicial committee" means a
committee appointed under section
22, 23, or 28 of this Act;
"Minister" means the Minister
responsible for Chieftaincy
matters;
"Paramount Chief" means a person
who has been nominated, elected or
appointed and installed as such in
accordance with customary law and
usage;
"Stool" includes a Skin.
Section 67—Repeals and Savings and
Transitional Provisions.
(1) The enactments specified in
the Schedule to this Act are
hereby repealed.
(2) Any action pending immediately
before the coming into force of
the Constitution before a
chieftaincy committee appointed
under the Chieftaincy Act, 1961
(Act 81) shall be deemed to be
pending before the House of Chiefs
within whose Region the subject
matter of the proceedings arose
and shall be proceeded with and
determined by that House in
accordance with this Act.
(3) Any matter pending before a
Traditional Council immediately
before the commencement of this
Act shall after the commencement
of this Act be deemed to be
pending before that Council and
shall be proceeded with and
determined by that Council in
accordance with this Act.
(4) Any judgment or order given or
made by a Traditional Council
before the commencement of this
Act may be enforced in the same
manner as a judgment or order
given or made by a Traditional
Council after the commencement of
this Act may be enforced.
(5) Any appeal pending on or after
the 22nd day of August, 1969
before a Chieftaincy Committee
appointed under the Chieftaincy
Act, 1961 (Act 81) shall
thereafter be deemed to be an
appeal pending before the Regional
House of Chiefs within whose
region the subject matter of the
proceedings arose and shall be
proceeded with and determined by
that House in accordance with this
Act.
(6) Any application for leave to
appeal pending before the Minister
under subsection (1) of section 48
of the Chieftaincy Act, 1961 (Act
81) immediately before the
commencement of this Act shall be
deemed to be an appeal pending
before the appropriate Regional
House of Chiefs and shall be
proceeded with and determined by
that House in accordance with this
Act.
(7) Any application for extension
of time within which to appeal
pending before the Minister
immediately before the
commencement of this Act shall
thereafter be deemed to be an
application pending before the
appropriate Regional House of
Chiefs, and shall be dealt with in
accordance with this Act.
(8) A certificate issued in
writing under the hand of the
Commissioner responsible for
chieftaincy matters or under the
hand of any public officer
authorised by him to the effect
that—
(a) an application for leave to
appeal was pending before the
Minister under subsection (1) of
section 48 of the Chieftaincy Act,
1961 (Act 81) immediately before
the commencement of this Act, or
(b) an application for extension
of time within which to appeal was
pending before the Minister
immediately before the
commencement of this Act
shall be conclusive evidence for
the purposes of subsections (6)
and (7) respectively.[As inserted
by the Chieftaincy (Amendment)
Decree, 1973 (NRCD 166), s.3].
SCHEDULE
(Section 67)
REPEALS
The Chieftaincy Act, 1961 (Act 81)
The Chieftaincy (Amendment) Act,
1963 (Act 185)
The Chieftaincy (Amendment) Act,
1963 (Act 216)
The Chieftaincy (Amendment) Act,
1964 (Act 243)
The Chieftaincy (Amendment)
Decree, 1966 (N.L.C.D. 112)
The Chieftaincy (Amendment)
Decree, 1967 (N.L.C.D. 128)
The Chieftaincy (Amendment) (No.
2) Decree, 1967 (N.L.C.D. 136)
The Chieftaincy (Amendment) (No.
3) Decree, 1967 (N.L.C.D. 203)
The Chieftaincy (Amendment) (No.
4) Decree, 1967 (N.L.C.D. 205)
The Chieftaincy (Amendment) (No.
5) Decree, 1967 (N.L.C.D. 208)
The Chieftaincy (Amendment)
Decree, 1968 (N.L.C.D. 227)
The Chieftaincy (Amendment) (No.
2) Decree, 1968 (N.L.C.D. 287)
The Chieftaincy (Amendment) (No.
3) Decree, 1968 (N.L.C.D. 312)
amended by
CHIEFTAINCY (AMENDMENT) LAW, 1982
(PNDCL 25)1
CHIEFTAINCY (AMENDMENT) DECREE,
1973 (NRCD 166)2
CHIEFTAINCY (AMENDMENT) (NO.2)
DECREE, 1973 (NRCD 226)3
CHIEFTAINCY (AMENDMENT) LAW, 1993
(PNDCL 307)4
|
