Since the colonial era, the institution has been linked to the politics of ghana. This research work attempts to explore how the chieftaincy institution in ghana assists in conflict resolution, why it has not been able to perform its conflict resolution roles as expected, and how best its functions can be improved. Chieftaincy act of 1961 81 succeeded the 1958 local courts. Jan, 2019 chieftaincy act, 2008 act 759 download file. Chieftaincy disputes are the misunderstanding, that occurs between two or more fractions on the enstoolment or enskinment of a chief or the misunderstanding between an incumbent chief and some of his subjects. This act makes provision for local government in ghana and the promotion, conservation and development of customary law. Presently, chieftaincy institutions have become channels for eco.
Community is a social unit of any size that shares common values including traditional, religious and cultural among others, or a social unit whose members reside in a specificlocality, and may have. Politics, chieftaincy and customary law in ghanas fourth republic. An act to revise and consollidate the chieftaincy at, 1971 act 370 to bring its provisions in conformity with the constitution and to provide for related. The legislation that underpins the chieftaincy institution in ghana currently is itself ghana s constitution chapter 270277 and the chieftaincy act of 2008. An act to revise and consollidate the chieftaincy at, 1971 act 370 to bring its provisions in conformity with the constitution and to provide for related matters. The chiefs are divided by the act of leadership into 5 categories as for authority. News ghana is ghanas leading online news portal for business in west africa and around the world. That notwithstanding, chiefs are barred from active engagement in partisan politics government of ghana, article 276 of the 1992 constitution. A qualitative study of chieftaincy and local government in ghana kwame asamoah university of ghana business school, legonaccra, ghana. The national house of chiefs was established in 1969 under article 154 of the 1969 constitution. The trademarks act, 2004 act 664 referred to as the principal enactment is amended by the substitution for section 1 of meaning of a trademark 1. Introduction one of the factors that influenced the establishment of the chieftaincy institution in ghana was the quest for cooperation, peace, and security. A qualitative study of chieftaincy and local government in ghana.
This act gave the minister of local government power to appoint. The instrument covering the establishment of the house was enacted on the 17th september, 1971, that is the chieftaincy act 1971 act 370. Peter geschiere, chiefs and colonial rule in cameroon. Even if this decision itself is correct, it is nevertheless premised on highly questionable legal propositions and dicta. The supreme court of ghana, in the ghana bar association v. Ghanas judicial service has also rolled out ambitious judicial reforms including court automation, building more law courts, appointing more judges and compulsory weekend courts to speed up the pace of justice. Official portal for chiefs, african traditional governance and leadership. Republic of ghana, chieftaincy act 2008, act 759, section 71. The attorney general, has unanimously decided that, even under the 1992 constitution, high court and the court of appeal have no jurisdiction in chieftaincy matters. There shall be a national house of chiefs, which shall be instrumental in the development and conservation of law relative to.
The chieftaincy institution in ghana is a system that structures and regulates the activity of local. Journal of the international african institute, 63, 2 1993, p. Empowerment, conflict, economic, chieftaincy, traditional, institutions, clan. In 1959, nkrumah passed the chiefs recognition bilp3. In precolonial times, chieftaincy constituted the axis for the exercise of executive, legislative and judicial powers. Inventing chieftaincy, french and british style, africa. Ghanas political system is a duality of traditional and modern systems of government. View chieftaincy and the law in modern ghana kumado article. Chieftaincy institutions particularly in northern ghana is perceived as male institution. Chieftaincy act of 2008 act 759, and the creation of the ministry of chieftaincy and traditional a. The politicisation of a chieftaincy conflict 5 for chieftaincy titles amongst ghanas new elite since the 1970s. New chieftaincy act to weed out frivolous destoolments.
Furthermore, the paper argues that chieftaincy in ghana is the custodian of customary values and norms, one of the few resilient institutions that have survived all the three phases of ghanas political history. Examining the position of the chieftaincy institution in. Oct 20, 2018 20181020 chieftaincy, the rich traditional leadership in ghana is losing its respect and image in the country because of numerous and rampant disputes within the institution. Pdf the role of chieftaincy institutions in dispute. News ghana is ghana s leading online news portal for business in west africa and around the world. The role of chieftaincy in ghana iarticle 277 of the 1992 constitution of ghana defines a chief as a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage. Constitution of the republic of ghana amendment act, 1996.
The chieftaincy act, 2008 act 759, defines a chief as a person who hailing from. At this time, the houses of chiefs were to act as appellate courts to the then state councils31 in resolving chieftaincy disputes. The legislation that underpins the chieftaincy institution in ghana currently is itself ghanas constitution chapter 270277 and the chieftaincy act of 2008. It is not proposed in this article to give a detailed account of the institution of chieftaincy as it operates in the various communities in ghana. Countryterritory ghana document type legislation date 2008 source fao, faolex long title an act to revise and consolidate the chieftaincy, 1971 act 370 to bring its provisions in conformity with the constitution and to provide for related matters. The present law that regulates the chieftaincy institution, chieftaincy act of 2008, act 759 76 defines a paramount chief as a person who has been nominated, elected or selected and installed as a paramount chief in accordance with customary law and usage, yet none of the tonguewe chiefs are recognized as such. For selected studies on chieftaincy disputes in ghana, see agyekum 2002 agyekum, g. Ghana chieftaincy act chieftaincy act, 2008 land portal securing land rights through open data.
Article 270 1 of the 1992 constitution of ghana, guarantees the institution of chieftaincy with the appropriate traditional councils as established by customary law and usage. Under sections 42 and 43 of the ghana chieftaincy act, 1971 act 370, as amended by chieftaincy amendment decree, 1973nrcd 166, chieftaincy amendment no. Chieftaincy and the law in modern ghana kumado article. In the view of kendie and bukari 2012, ghana has often been described internationally as one of the most stable, democratic and.
The fact that in ghana customary land is managed by traditional authorities, does not preclude the fact that the. Council appearing in the gazette prior to a paramount chieftaincy election under this act minister means the. Library of congress law library of congress lloc family reunification laws in selected jurisdictions july 2014 pdf nongovernment organization reports. The chieftaincy act,2009 sierra leone legal information. Furthermore, the paper argues that chieftaincy in ghana is the custodian of customary values and norms, one of the few resilient institutions that have survived all the three phases of ghana s political history. Brempong 2001 was one of the first to highlight this phenomenon by indicating that many paramount chiefs in ashanti are high level professionals or university graduates. Ghana over the last twenty years earned recognition internationally as the beacon of has. What follows is merely an attempt to highlight the main features of the institution, the main factors influencing and directing it. Colonial, civilian or military have in one way or the other tried to influence the role of chiefs in political affairs. The institution of chieftaincy, as a traditional leadership system among ethnic groups in ghana, is one of the revered customary legacies that survived colonial past and present independent political dispensation. Introduction chieftaincy is a vital institution in the ghanaian socioculture structure.
Chieftaincy as an important social institution which binds the people together is fraught with numerous disputes. Politics, chieftaincy and customary law in ghanas fourth. However, where a child is in a correctional institution that child may receive continued protection up to 21 years. Queen mothers advise chiefs and also act as moral leaders of the community. Section 3application of act 1 except where otherwise provided, the provisions of this code shall apply to all companies formed in ghana, whether before or after the commencement of this code, under the provisions of the companies ordinance, cap. Chieftaincy which revolves around ethnicity is generally considered as one of the major source of conflict in ghana. Boadi defines chieftaincy as an institution by which people of a community are ruled by a chief. The structure of chieftaincy by kwesi amoa ebook lulu.
Article 2701 provides for the recognition of the institution of chieftaincy, together with its traditional councils. Mr peter owuadzi mensah, counsel for the brong ahafo regional house of chiefs, who made this known in ho, said the practice whereby people destool chiefs by removing their sandals in public. In early times when the gold coast now ghana had not been established, the people were hunters and gatherers. An act to revise and consollidate the chieftaincy at, 1971 act 370 to bring its provisions in conformity with. There shall be a national house of chiefs, which shall be instrumental in the development and conservation of law relative to chieftaincy and customary law. A major development, however, as pointed out by hagan 2006 is the numerous conflicts associated with the chieftaincy institution. Laws of south africa legislation lesotho law leslii liberian law liberlii malawian law malawilii.
Constitution of ghana recognizes the institution of chieftaincy within its statutory. Corruption is the main cause of chieftaincy disputes in ghana. Introduction the institution of chieftaincy, as a traditional leadership system among ethnic groups in ghana, is one of the revered customary legacies that survived colonial past and present independent political dispensation. For full access to this pdf, sign in to an existing account, or purchase an annual. Constitution of ghana recognizes the institution of chieftaincy. Ghana chieftaincy act chieftaincy act, 2008 land portal. A qualitative study of chieftaincy and local government in. The chieftaincy act 759 of 2008 makes destoolment of chiefs a serious business exclusive to kingmakers with the consent of the chief concerned. In ghana, chieftaincy institutions act as custodians for about 80% of the total land area, and are responsible for leasing or allocating land while official planning institutions determine and. Act 759 tile seven hundred and flfryninih act of the parliament of the republic of ghana entitled chieftaincy act, 2008 anact to revise and consolidate the chieftaincy act, 1971act 370 to bring its provisions in conformity with the constitution and to provide for related matters. Chieftaincy in precolonial ghana the present day geographic location of ghana, with its system of administrative structures, where the executive president is supported by ten regional ministers and 216 district chief executives, was naturally not the same during precolonial times. The constitution of ghana pdf acts of ghana fourth republic childrens act, 1998 act 560 pdf citizenship act 2000 pdf refugee law 1992 pdf us government reports. Accepted 17 february, 2012 it is widely argued that chiefs do not play any meaningful role in local government in ghana as they.
From our membership agreement lulu is a place where people of all ages, backgrounds, experience, and professions can publish, sell, or buy creative content such as novels, memoirs, poetry, cookbooks, technical manuals, articles, photography books, childrens books, calendars, and a host of other content that defies easy categorization. Chieftaincy and sustainable urban land use planning in. The constitution of ghana and the chieftaincy act 756, 2008 provides the appropriate basis for these analyses. Aug 18, 2015 in precolonial times, chieftaincy constituted the axis for the exercise of executive, legislative and judicial powers. The 1992 constitution of the republic of ghana and chieftaincy act 2008, act 759 maintained the house. Impact of chieftaincy conflict on the economic status of. Act 759 tile seven hundred and flfryninih act of the parliament of the republic of ghana entitled chieftaincy act, 2008 anact to revise and consolidate the chieftaincy act, 1971 act 370 to bring its provisions in conformity with the constitution and to provide for related matters.
One year after independence, the 1958 local courts act no. Furthermore, the paper argues that chieftaincy in ghana is the custodian of customary values and norms, one of the few resilient institutions that have. Act of the parliament of the republic of ghana act 759. The ghana trademarks amendment act, 2014 page 1 ict. Apr 26, 2006 the role of chieftaincy in ghana prev. An act to reform and consolidate the law relating to children, to provide for the rights of the child, maintenance and adoption, regulate child labour and apprenticeship, for ancillary matters concerning children generally and to provide for related. Ghana, over the years, has shown good progress in providing a safe environment for the development.
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