ACTS OF GHANA

PUBLIC OFFICERS ACT, 1962 (ACT 114).

ARRANGEMENT OF SECTIONS

Section

1.  Cases in which no action shall lie against public officers.

2.  Actions, etc., against public officers.

3.  Proceedings in contravention of this Act to be void.

4.  Jurisdiction of Court.

5.  Designation of public officers.

6.  Changes in designation.

7.  Interpretation.

8.  Repeal.

9.  Commencement.

THE HUNDRED AND FOURTEENTH

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE PUBLIC OFFICERS ACT, 1962

AN ACT to consolidate with amendments enactments providing for the protection of public officers from legal proceedings in respect of certain liabilities, for the protection of persons acting in the execution of public duties and also for the change of official designations and other purposes connected therewith.

DATE OF ASSENT: 7th March, 1962

BE IT ENACTED by the President and the National Assembly in this present Parliament assembled as follows:—

Section 1—Cases in which no Action Shall lie against Public Officers.

(1) No action shall lie against a public officer —

(a) upon any promise, express or implied, to repay money paid or advanced to him or to another person at his request;

(b) upon any promise, express or implied, to be answerable for the debt or default of another person; or

(c) upon any bond, bill of exchange (other than a cheque drawn on a banker), promissory note, or other personal security made, drawn, accepted, endorsed, or given by him.

(2)  This section shall not apply to any action which is—

(a)  brought against a public officer who at the time when the cause of such action arises is in receipt of a salary of more than three hundred pounds per annum in respect of his substantive appointment;

(b) brought against a person in respect of any liability incurred prior to the date on which such person became a public officer;

(c) brought by the holder of any security other than those specified in paragraph (c) of subsection (1) of this section to realize such security.

Section 2—Actions, etc. Against Public Officers.

(1) Where any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any enactment or of any public duty or authority or in respect of any alleged neglect or default in the execution of any such enactment, duty, or authority, the following provisions shall have effect, that is to say—

(a) the action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect, or default complained of, or in the case of a continuance of injury or damage, within three months next after the ceasing thereof;

(b) where the action, prosecution or proceeding is brought by any person for cause arising while such person was a convict person, it may be commenced within three months after the discharge of such person from prison;

(c) wherever in any such action a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client;

(d) where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of, or in addition to, any other plea, be pleaded;

(e) where the action was commenced after the tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment, but this provision shall not affect costs of any injunction in the action;

(f) if, in the opinion of the Court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the Court may award to the defendant costs to be taxed as between solicitor and client.

Section 3—Proceedings in Contravention of this Act to be Void.

(1) All proceedings and documents in or incidental to an action brought in contravention of this Act shall be void.

(2) Where complaint is made that a public officer is dealt with in contravention of this Act by any process, execution or order issued out of any Court, and is made to that Court or any Court superior to it, the Court shall enquire into the complaint and shall, if it is satisfied that the complaint is well-founded, discharge the public officer without fee, and may award reasonable costs to the person making the complaint, which may be recovered as if such costs had been awarded in his favour in the proceedings instituted against him.

Section 4—Jurisdiction of Court.

(1) On the coming into operation of this Act no Court other than the Supreme Court, High Court, Circuit Court or a District Court shall exercise any jurisdiction whatsoever in respect of an action of any of the descriptions mentioned in paragraph (a), (b) or (c) of subsection (1) of section 1 of this Act brought before or after the commencement of this Act against a public officer.

(2) This section shall not apply to any action —

(a) brought against a public officer who at the time when the cause of such action arose was in receipt of a salary of more than three hundred pounds per annum in respect of the salary of his substantive appointment;

(b) brought by the holder of any security, other than those specified in paragraph (c) subsection (1) of section 1 of this Act to realize such security.

Section 5—Designation of Public Officer.

The President may, by legislative instrument, declare the holder of any office to be a public officer and may by the same or any other instrument specify the functions exerciseable by any such public officer or amend any enactment for giving effect to the declaration so made.

Section 6—Changes in Designation.

The President may, by legislative instrument, change the designation of any public officer and may for that purpose by the same or any other instrument amend any enactment for giving effect to the change so made.

Section 7—Interpretation.

In this Act unless the context otherwise requires—

"action" includes legal proceedings and process of  every description other than criminal;

"public officer" means:—

(a) any person in the service of the Government,

(b) any person in the service of any local authority.

Section 8—Repeal.

(1) The Public Officers (Liabilities) Ordinance (Cap. 26), the Public Officers (Protection) Ordinance (Cap. 27) and the Public Officers and Government Departments (Change of Designations) Ordinance (Cap. 28) are hereby repealed.

(2) Notwithstanding the repeal of the enactments specified in the preceding subsection, any statutory instrument made thereunder and in force immediately before the commencement of this Act shall continue in force as if made under this Act.

Section 9—Commencement.

This Act shall come into operation on such day as the President may, by legislative instrument, appoint.