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PRESIDENTIAL OFFICE ACT, 1993 (ACT
463)
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Presidential
Office.
2. Function of the Office.
3. Members of the Office.
4. Appointments for the Office.
5. Tenure of Office.
6. Other Conditions of Office.
7. Consultants and Experts.
8. Qualification of Presidential
Staff.
9. Application of Code of Conduct.
10. Expenses of Office Charged on
Consolidated Fund.
11. Annual Report.
12. Account and Audit.
13. Regulation.
14. Consequential Amendment.
15. Repeal.
16. Interpretation.
THE FOUR HUNDRED AND SIXTY-THIRD
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE PRESIDENTIAL OFFICE ACT, 1993
AN ACT to establish the
Presidential Office to provide for
staff for the President and
Vice-President; to provide for
their functions and for related
purposes.
DATE OF ASSENT: 22ND DECEMBER,
1993
BE IT ENACTED by Parliament as
follows —
Section 1—Establishment of
Presidential Office.
There is established by this Act
an office to be known as the
Presidential Office referred to in
this Act as “the Office”.
Section 2—Function of the Office.
The function of the Office is to
provide the President and the
Vice-President such services as
they may require for the efficient
and effective implementation of
the executive functions of the
President and Vice-President under
the Constitution and any other
law.
Section 3—Members of the Office.
(1) The Presidential Office shall
be made up of—
(a) persons appointed as
presidential staff under this Act
one of whom shall be appointed as
head of the Office; and
(b) such other public officers as
may be seconded or transferred to
the Office.
(2) Subject to section 2 members
of the Office shall be assigned
such duties as the President may
determine.
Section 4—Appointments for the
Office.
(1) The President shall, acting in
consultation with the Council of
State appoint such persons as he
considers necessary to hold
office as presidential staff in
the Office.
(2) The number of persons that may
be appointed under subsection (1)
of this section and the grade of
the officers shall be determined
by the President.
Section 5—Tenure of Office.
A
person appointed a presidential
staff under section 4 (1) of this
Act shall hold office at the
pleasure of the President and
shall cease to hold office on his
removal or resignation from office
or on cessation of the tenure of
office of the President.
Section 6—Other Conditions of
Office.
Presidential staff shall be
entitled to such salaries,
allowances, facilities and
privileges as shall be determined
under article 71 of the
Constitution.
Section 7—Consultants and Experts.
The President may appoint for
specified periods such consultants
or experts as he may require for
any specific assignment.
Section 8—Qualification of
Presidential Staff.
A
person is not qualified to be
appointed a presidential staff if
he—
(a) is not of the age of
twenty-one years;
(b) has been adjudged or otherwise
declared—
(i)
bankrupt under any law in force in
Ghana and has not been discharged;
or
(ii) to be of unsound mind or is
detained as a criminal lunatic
under any law in force in Ghana;
or
(c) has been convicted—
(i)
for high crime under the
Constitution or high treason or
treason or for an offence
involving the security of the
State, fraud, dishonesty or moral
turpitude; or
(ii) for any other offence
punishable by death or by a
sentence of not less than ten
years; or
(d) has been found by the report
of a commission or committee of
inquiry to be incompetent to hold
public office or is a person in
respect of whom a commission or
committee of inquiry has found
that while being a public officer
he acquired assets unlawfully or
defrauded the State or mis-used or
abused his office, or willfully
acted in a manner prejudicial to
the interest of the State, and the
findings have not been set aside
on appeal or judicial review; or
(e) has not paid his taxes or has
not made arrangements satisfactory
to the appropriate authority for
the payment of his taxes; or
(f) is under sentence of death or
other sentence of imprisonment
imposed on him by any court; or
(g) is otherwise disqualified by
any law for the time being in
force.
(2) A person shall not be taken to
be disqualified under subsection
(1) (c) or (d) if—
(a) ten years or more have passed
since the end of the sentence or
the date of the publication of the
report of the commission or
committee of inquiry; or
(b) he has been pardoned.
Section 9—Application of Code of
Conduct.
The code of conduct specified in
chapter twenty-four of the
Constitution shall apply to all
presidential staff.
Section 10—Expenses of Office
Charged on Consolidated Fund.
The administrative and operational
expenses of the Office including
salaries, allowances and pensions
payable to or in respect of
persons serving at the Office
shall be charged on the
Consolidated Fund.
Section 11—Annual Report.
The President shall within 3
months after the end of each
financial year submit to
Parliament an annual report
containing the following
information—
(a) the number of presidential
staff employed at the Office;
(b) the rank or grade of such
staff; and
(c) employees in the other public
services assigned to the Office.
Section 12—Account and Audit.
The President shall keep or cause
to be kept books of account and
roper records in relation to them,
and the account books and records
of the Office shall be audited
annually by the Auditor-General.
Section 13—Regulation.
The President may by
constitutional instrument make
such regulations as may be
necessary for the effective
implementation of the provisions
of this Act.
Section 14—Consequential
Amendment.
The Civil Service Law, 1993 (P.N.D.C.L.
327) is amended by the
substitution for section 4 (a) (i)
of the following—
“(a) all persons serving in civil
capacity in posts designated as
civil service posts by or under,
this law in—
(i) the
Office of the President;"
Section 15—Repeal.
Sections 9 and 10 of the Civil
Service Law, 1993 (P.N.D.C.L. 327)
are repealed.
Section 16—Interpretation.
In this Act unless the context
otherwise requires—
"Office" means office of the
President and Vice-President
"presidential staff" means persons
appointed under section 4 (1) of
this Act.
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