COUNCIL FOR LAW REPORTING DECREE,
1972 (NRCD 64)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Council for Law Reporting
2. Functions of the Council
3. Composition of Council
4. Meetings of the Council
5. Remuneration of Council
Members
6. Editor and Management
7. Appointment of Other Employees
8. Duties of Secretary
9. Pensionable Officers
9A Conditions of Legal Service
Applicable
10. Funds of the Council
11. Payment into Bank
12. Accounts and Audit
13. Annual Reports
14. Rules
15. Duty of Judges to Supply
Judgment to Editor
16. Returns to be made by
Registrars of Superior Courts
17. Ghana Law Reports to be
Official Reports
18. Interpretation
19. Repeal
20. Transitional Provisions
21. Transfer of Assets and
Liabilities
21A Modification of Existing
References
22. Commencement
22A. Commencement of Section 9A
IN pursuance of the National
Redemption Council (Establishment)
1972 this Decree is hereby made:
Section 1—Council for Law
Reporting.
(1) There shall continue to be a
Council for Law Reporting in this
Decree referred to as the
"Council".
(2) The Council shall be a body
corporate, and shall have
perpetual succession and a common
seal, and may sue and be sued in
its own name.
Section 2—Functions of the
Council.
The Council shall be responsible
for the preparation and
publication of the report known as
"the Ghana Law Reports" containing
the judgments, rulings and
opinions of the superior courts in
the country and may also effect
such other publications as in the
opinion of the Council could
conveniently be effected together
with the preparation and
publication of the said reports.
Section 3—Composition of Council.
(1) The Council shall consist of
the following persons all of whom
shall be appointed by the
Provisional National Defence
Council—
(a) a Chairman who shall be a
judge of the Superior Court of
Judicature nominated by the Chief
Justice;
(b) the Attorney-General or any
public officer being a lawyer,
nominated by the Attorney-General;
(c) a representative of the Ghana
Bar Association nominated by that
Association who shall be a lawyer
of not less than seven years
standing as a lawyer;
(d) a representative of the
department of State or Statutory
Corporation for the time being
responsible for the printing of
the Ghana Law Reports not being a
person below the rank of head or
deputy head of that department or
Corporation;
(e) the Editor referred to in
section 6 of this Decree;
(f) the Dean of the Faculty of
Law, University of Ghana or his
representative; and
(g) two other persons as the
Provisional National Defence
Council deems appropriate. [As
substituted by Council for Law
Reporting (Amendment) Law, 1988 (PNDCL
194), s. 1(a)]
(2) The members of the Council
other than the Attorney-General or
the Editor shall hold office for a
period of three years.
(3) Any member of the Council
other than the Attorney-General or
the Editor may resign his office
by notice in writing addressed to
the Commissioner and any such
member may for just cause be
removed from office by the
National Redemption Council and in
consultation with the person or
authority who or which nominated
him for appointment under
subsection (1) of this section.
(4) Where the office of a member
of the Council other than the
Editor becomes vacant by his
death, resignation or removal the
Commissioner shall notify the
National Redemption Council.
Section 4—Meetings of the Council.
(1) The Council shall meet for
the discharge of its functions at
such times and places as the
Chairman may appoint, so however,
that the Council shall meet at
intervals, not exceeding three
months.
(2) The Chairman shall preside at
all meetings of the Council, an in
his absence a member of the
Council appointed by the members
present from among their number
shall preside.
(3) Questions proposed at a
meeting of the Council shall be
determined in the event of an
equality of votes, the person
presiding shall have a second or
casting vote.
(4) Any four members of the
Council including the Chairman or
the Editor shall constitute a
quorum at any meeting of the
Council. [As substituted by
Council for Law Reporting
(Amendment) Law, 1988 (PNDCL 194)
s.1(b)]
(5) The Council may, at any time,
co-opt any person to be an adviser
at any meeting of the Council so
however that no person so co-opted
shall be entitled to vote at any
such meeting on any matter for
decision by the Council.
(6) The validity of any
proceedings of the Council shall
not be affected by any vacancy
among its members or by any defect
in the appointment of any of them.
Section 5—Remuneration of Council
Members.
Any member of the Council other
than the Editor as well as any
person co-opted to the Council
under section 4 of this Decree may
be paid such remuneration (if any)
as the Council may with the
approval of the Commissioner given
after consultation with the
Commissioner responsible for
Finance determine in relation to
him.
Section 6—Editor and Management.
(1) There shall be an Editor of
the Ghana Law Reports who shall be
a public officer appointed by the
National Redemption Council acting
in accordance with the advice of
the Public Services Commission and
upon such terms and conditions as
may be determined by the Council.
(2) No person shall be qualified
for appointment as Editor unless
he is qualified to be appointed as
a judge of the Court of Appeal
under any enactment for the time
being in force relating to the
appointment of judges of the Court
of Appeal. [As substituted by
Council for Law Reporting
(Amendment) Law, 1990 (PNDCL 234),
s.1(a)].
(3) The Editor shall, subject to
the general control of the Council
on matters of policy, be
responsible for the preparation
and publication of the Ghana Law
Reports and for such other
publications as may be approved by
the Council under section 2 of
this Decree.
(4) Where the Editor is
incapacitated from the performance
of his functions under this Decree
the Council may, subject to the
provisions of this section,
authorise any officer of the
Council to perform functions for
the duration of the incapacity.
Section 7— Appointment of Other
Employees.
(1) The Council shall have
Assistant Editors, Principal
Reporters, Senior Reporters,
Reporters, Assistant Reporters, a
Secretary and such other staff as
may be necessary for the efficient
discharge of its functions.
(2) No person shall be qualified
for appointment—
(a) as an Assistant Editor unless
he is qualified to be appointed as
a High Court Judge;
(b) as a Principal or Senior
Reporter unless he is qualified to
be appointed as a Circuit Court
Judge;
(c) as a Reporter unless he is
qualified to be appointed as a
District Magistrate Grade I; or
(d) as an Assistant Reporter
unless he is a lawyer qualified to
be appointed as a District
Magistrate Grade II;
under any enactment for the time
being in force relating to the
appointment of such judges and
magistrates. [As substituted by
Council for Law Reporting
(Amendment) Law, 1990 (PNDCL 234)
s.1(b)].
(3) The employers of the Council
other than the Editor shall be
appointed by the Council.
(4) The Council may delegate to
the Chairman, the Editor or any
other officer of the Council its
powers to appoint persons as
employees of the Council in
respect of any post the initial
salary attached to which is less
than two thousand cedis per annum.
(5) All employees of the Council
shall hold office upon such terms
and conditions as may be
determined by the Council.
(6) Public officers may be
transferred or seconded to the
Council or may otherwise give
assistance thereto.
Section 8—Duties of Secretary.
(1) The Secretary shall, under
the directon and supervison of the
Editor, be responsible for the day
to day management and
administration of the Council.
(2) The Secretary shall act as
Secretary to the Council ad shall,
subject to the directions of the
Council, arrange the business for
and be responsible for the
recording and keeping of minutes
of proceedings of the meeting of
the Council.
Section 9—Pensionable Officers.
(1) The office of Editor,
Assistant Editor, Principal
Reporter, Senior Reporter,
Reporter, Assistant Reporter and
Secretary shall be pensionable
office.[As substituted by Council
for Law Reporting (Amendment) Law,
1990 (PNDCL 234), s.1(c)].
(2) The Council may grant
pensions, gratuities or other
retiring awards to any of its
employees and may require
employees to contribute to any
pension or superannuation scheme.
Section 9A— Conditions of Legal
Service Applicable.
Section 10—Funds of the Council.
The National Redemption Council
may from time to time provide such
sums as may be required for the
running of the Council.
Section 11—Payment into Bank.
All sums of money received on
account of the Council may be paid
into such bank or banks as may be
approved by the Council for the
credit of the Council's general
current or deposit account, so
however, that the Council may
invest as it deems fit, any moneys
not required for current use.
Section 12—Accounts and Audit.
(1) The Council shall cause proper
books of account and proper
records thereof to be kept in
relation to the financial affairs
and transactions of the Council
and in such form as the
Auditor-General may approve.
(2) The books of account of the
Council shall be audited annually
by the Auditor-General.
Section 13—Annual Reports.
The Council shall prepare and
submit to the Commissioner not
later than 31st day of March in
every year a report on the
activities of the Council during
the preceding year and the
Commissioner shall as soon as
possible after receiving the said
report cause it to be laid before
the National Redemption Council.
Section 14—Rules.
The Council may, with the approval
of the Commissioner, make rules
generally for the effective
carrying out of the purposes of
this decree.
Section 15—Duty of Judges to
Supply Judgment to Editor.
Every judge of the Superior Court
of Judicature shall as soon as
practicable after delivering it,
cause to be furnished to the
Editor a certified true copy of
every judgment, ruling or opinion
delivered by him.
Section 16—Returns to be made by
Registrars of Superior Courts.
Every registrar attached to any of
the Superior Courts of Judicature
shall at the end of every calendar
month furnish the Editor with a
list of all judgments, rulings or
opinions delivered by a judge in
the court in which he is the
registrar.
Section 17—Ghana Law Reports to be
Official Reports.
The Ghana Law Reports (including
any such reports published by the
General Legal Council before the
commencement of this Decree) shall
be deemed to be official law
reports of Ghana which may be
cited in proceedings in all the
Courts of Ghana.
Section 18—Interpretation.
In this Decree “Commissioner”
means the Commissioner responsible
for Justice.
Section 19—Repeal.
The Council for Law Reporting Act,
1971 (Act 366) is hereby repealed.
Section 20—Transitional
Provisions.
(1) The Chairman and members of
the Council holding office
immediately before the
commencement of this Decree shall
be deemed to have been duly
appointed for the purposes of
section 3 of this Decree.
(2) Unless the contrary intention
is indicated by the Council, the
Editor and every member of the
staff of the Ghana Law Reports
appointed or employed by the
General Legal Council established
under the Legal Profession Act,
1960 (Act 32) and who was engaged
directly in the preparation of the
Ghana Law Reports immediately
before the commencement of the
Council for Law Reporting Act,
1971 (Act 366) shall be deemed to
have been duly appointed under
this Decree.
(3) Nothing in this Decree shall
be taken to effect any alteration
in the terms of a contract
subsisting immediately before the
commencement of this Decree or to
authorise the making of any such
alteration without the consent of
all parties bound by the contract.
Section 21—Transfer of Assets and
Liabilities.
All rights, assets, property,
obligations and liabilities of the
General Legal Council acquired or
incurred in connection with the
law reporting functions of that
Council and in existence
immediately before the
commencement of the Council for
Law Reporting Act, 1971 (Act 366)
are hereby transferred to the
Council.
Section 21A—Modification of
Existing References.
Any references in the Council for
Law Reporting Decree, 1972 (N.R.C.D.
64) to the "National Redemption
Council" and the "Commissioner"
shall be construed as references
to the "Provisional National
Defence council" and the "P.N.D.C.
Secretary responsible for Justice"
respectively. [Inserted and to be
cited as Council for Law Reporting
(Amendment) Law, 1988 (PNDCL 194),
s.2].
Section 22—Commencement.
This Decree shall be deemed to
have come into force on the 1st
day of March, 1972
Section 22A—Commencement of
Section 9A.
Section 9A as inserted shall be
deemed to have come into force on
1st June 1987. [Inserted and to be
cited as Council for Law Reporting
(Amendment) Law, 1990 (PNDCL 234),
s.2].
Made this 3rd day of May, 1972.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council.
Date of Gazette Notification: 5th
May, 1972.
amended by
COUNCIL FOR LAW REPORTING
(AMENDMENT) LAW, 1988 (PNDCL 194)1
COUNCIL FOR LAW REPORTING
(AMENDMENT) LAW, 1990 (PNDCL 234)2 |