3.4 JUDICIARY

INTRODUCTION

The Judiciary, together with the Executive and the Legislature, form the three arms of Government. It is charged with the responsibility of promoting the smooth and efficient administration of justice to all manner of persons without fear or favour, affection or ill-will, thereby creating an environment for good governance. Article 127 of the 1992 Constitution guarantees the independence of the Judiciary which, “shall not be subject to the control or direction of any person or authority.”

The recommendations are aimed at giving the Judiciary the support it needs to improve the delivery of justice, invoke public confidence in the administration of justice and improve the image of the judiciary.

Article 71 Office Holders under the Judiciary are 1) Supreme Court Judges, 2) Court of Appeal Judges and 3) High Court Judges. Except for the Chief Justice, all these Office Holders have career track progression. In general, Judiciary staff members are not affected by the outcome of a general election.

In accordance with the Constitution, the Supreme Court consists of the Chief Justice and at least eight other Justices. The Supreme Court is the highest court in Ghana and is the final court of appeal. It has original jurisdiction over constitutional law matters and sits as an appellate court on disputes in all areas of the law, including administrative law, criminal law and private law. It also has the power to strike down legislation which it may deem to be unconstitutional. The Constitution further stipulates that, “a person shall not be qualified for appointment as Justice of the Supreme Court unless he is of high moral character and proven integrity, and is of not less than fifteen years standing as a lawyer.”

The Chief Justice is appointed by the President, acting in consultation with the Council of State and with the approval of Parliament. The Chief Justice of Ghana is of equivalent rank to the Lord Chief Justice and Lord Chancellor of England. The other Supreme Court judges are appointed by the President, acting on the advice of the Judicial Council in consultation with the Council of State and with the approval of Parliament.

The Court of Appeal consists of the Chief Justice and not less than ten Justices. As an Appellate Court, it hears appeals on civil and criminal decisions from the High Court and sometimes gives opinions about certain legal matters when asked by the High Court. Justices of the Court of Appeal are appointed by the President, acting on the advice of the Judicial Council, and prior to appointment, they should have had not less than twelve years experience as qualified lawyers.

Below the Court of Appeal is the High Court, which is made up of the Chief Justice and not less than twenty Justices. It has original jurisdiction over criminal and civil cases, as provided under the Courts Act and hears appeals from the lower courts and reviews administrative actions. Justices of the High Court are appointed by the President, acting on the advice of the Judicial Council, and prior to appointment, they must have had not less than ten years of experience as qualified lawyers.

In many respects, the conditions of service of the Judiciary need to be improved. The prolonged effects of deteriorating general conditions of service in the public service have negatively influenced work, motivation, performance, capacity building and commitment to public service. The Judicial institution in Ghana is at a crossroads in terms of transparency and quality service delivery and it is imperative that issues relating to their general conditions of service be addressed systematically.

Article 127(5) of the Constitution stipulates that “the salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a Justice of the Superior Court or any Judicial Officer or any other person exercising judicial power, shall not be varied to his disadvantage.” The Facilities and Privileges recommended are based on this constitutional admonition.


INDEPENDENCE OF THE JUDICIARY

As compared to the Executive and the Legislature, the Judiciary has a peculiar role. Article 125 of the Constitution provides, “Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution.” The Constitution, therefore, endows the Judiciary with substantive powers for the delivery of Justice. This puts the onus on the members of the Judiciary to discharge their functions honourably. As earlier stated, the concept of the independence of the Judiciary is guaranteed in Article 125 and further highlighted by the provision that, “the Judicial power of Ghana shall be vested in the Judiciary, accordingly, neither the President nor Parliament nor any other organ or agency of the President or Parliament shall have or be given final judicial power.” Further, the Constitution provides that, “the Chief Justice shall, subject to this Constitution, be the Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary.” The Judiciary has, therefore, a pivotal role to play in ensuring that good governance and democratic rule prevail.

For the Judiciary to be effective, in addition to the constitutional guarantee of its independence, it must be provided with adequate resources. That will protect both the institution itself and the members of the Judiciary from fear of any interference, leaving them free to discharge their duties fairly and equitably.

In the absence of the provision of adequate resources, the Judiciary, as an institution, can be compromised in its mandate for the speedy and equitable delivery of justice. Under these circumstances, the judges could be left in a situation where their personal welfare becomes their paramount concern, thus leading to an inclination towards corruption and distortions, and inequities in the dispensation of justice.

Good governance is conditional on the regulation of the behavior of the people and the norms of society, upholding the rule of law, protection of the rights of the individual, and delivery of timely justice to all, equally and fairly. One of the critical factors that contribute to building and maintaining good governance includes a Judiciary that holds the law above everything and everyone. An independent Judiciary with integrity can do this - apply the law fairly and dispassionately. A strong Judiciary can protect the citizenry from unlawful acts of government and hold government officials accountable for their abuse of power.

The challenge is to develop a Judiciary which, with the weight of the Constitution behind it, is able to exercise independence without fear or favour. Judges must be empowered so that they can honourably conduct their affairs, both official and private, empowered by the knowledge that they have security of tenure, they enjoy the dignity of their office and are free from interference.

The Committee resolved that sufficient financial resources must be predictably and transparently allocated to the institution. Judges must be transparently appointed. Judges must be assured security of tenure and provided with remuneration, commensurate with the dignity of their office, together with Facilities and Privileges which reflect the same. Judges should be confident that their opinions can be rendered, enforced and reviewed without danger to their person, family or property. Discipline within the Judiciary itself should be transparent, subject to the rule of due process.

Justice is a public good, the delivery of which is a primary responsibility of government. It is, therefore, important that government places the appropriate emphasis on the delivery of justice and the empowerment of the Judiciary by allocating the appropriate resources to the Judiciary and the remuneration of Judges.

The remuneration must be adequate to provide the security of office and reflect the dignity of office befitting the status of a Judge of the superior court of judicature. A properly resourced Judiciary is, therefore, imperative to the Judiciary performing its proper role in the dispensation of good governance.
The proposed new Facilities and Privileges have respected the rights safeguarded under the provisions of Article 125 previously quoted. The recommendations are an attempt to improve the conditions of service of Judges of the Superior courts. The proposals cover the Facilities and Privileges of Judges of the Superior Courts, both while in office and upon retirement. The case of the Chief Justice will be considered separately.

RECOMMENDATIONS

RESIDENTIAL ACCOMMODATION

In arriving at its recommendations, the Committee had to ensure that it did not vary the existing conditions of the Judiciary to their disadvantage. The existing terms that provide judges of the Superior Courts with free fully furnished accommodation places a heavy burden on the public purse. The facility is provided due to the peculiar nature of the work of judges, to enable them have a high sense of security. With well over 100 judges to whom this facility applies, the budget of the judiciary is quite stretched.

The Committee, therefore, recommends a 30% Housing Allowance, in lieu of official accommodation. The computation should be based on the Consolidated Salary rather than Basic Salary.

OFFICE ACCOMMODATION

Adequate office accommodation has been one of the banes of the Judiciary, particularly in Accra. When the Supreme Court Building was built in 1927, there were only 4 judges in Accra. With the current high numbers of Supreme Court Judges, Court of Appeal Judges and High Court Judges, the facilities available are obviously grossly insufficient and inadequate, and unsuitable to the dignity of the office of a Judge of the Superior Court.

The problem of office accommodation is a nationwide problem and needs speedy resolution. For the Judiciary to be effective judges should be provided with adequate resources and instrument for the proper discharge of their duties.

A decent working environment with all the necessary facilities, i.e., internet access, law library, research and secretarial support, etc., is paramount for the effectiveness of a judge, the soundness of the judgments rendered, and the good and swift delivery of justice. It is an affront to the dignity of the office of a judge that he or she is seen in less than congenial surroundings, often times forced even to share chambers with other judges, due to lack of space. This detracts from the dignity of the office, making him or her appear to be susceptible to being approached. In such a situation, the discretion of the judge may seriously be compromised, thus calling into question the soundness of the judgments rendered.

As earlier stated, justice is a public good, the delivery of which is a prime responsibility of Government. Government support of the Judiciary is, therefore, of paramount importance in the nation’s quest for good governance. A framework that would support the fiscal and administrative autonomy of the Judiciary must be established. Sufficient financial resources are of particular importance. The capacity of the Judiciary to deliver justice is directly proportional to the resources it has and spends on maintenance, operating expenses and capital outlay.

The Article 127 (1) of the Constitution provides that, “in the exercise of the judicial power of Ghana, the judiciary in both its judicial and administrative functions, including financial administration, is subject only to this Constitution and shall not be subject to the control or direction of any person or authority.”

In the context of good governance, the need for an independent and properly resourced Judiciary cannot be disputed. As part of the efforts to ensure the independence of the Judiciary, the above quoted Article must be borne in mind when making financial and other resources available to the Judiciary.

The Chief Justice of the Supreme Court is both the Administrative and Operational Head of the Judiciary, and ranks fourth in the National hierarchy, after the President, the Vice President, and the Speaker of Parliament. Thus, the Facilities and Privileges attached to the position of the Chief Justice should reflect the duties, functions and role the Chief Justice plays as well as the dignity of the office, while in office and after retirement.


3.4.0 CHIEF JUSTICE

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Adequate staff support for research work and administration.
• Fully equipped Law Library, with Reference Services, Electronic References and IT facilities at the office.
• In-house catering and dining facilities.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished, official residence with guest chalets/ facilities.
• Fully equipped and maintained residential office, with adequate staff support.
• Special facilities for the physically challenged.

STAFF SUPPORT

• Adequate number of support staff.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• Two official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicles.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with First Class airline ticket and 5-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.
• One Personal Assistant to accompany the Chief Justice on official overseas visits.

OTHER BENEFITS

• Paid holiday travel once in every 3 years, with Spouse.
• Annual book allowance to be determined by the Judiciary Service.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Medical and Dental service to Office Holder and Spouse.
• Adequate security at all times.
• One vehicle upon retirement, however, all associated expenses to be borne by the former Office Holder.
• Non-taxable Pension: As stated on page 22 of this Report.
• Gratuity: Three months Consolidated Salary for every year served

3.4.1 SUPREME COURT /COURT OF APPEAL/HIGH COURT JUDGE

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Adequate staff support for research work and administration.
• Fully equipped law Library, with Reference Services, Electronic References and IT facilities at the office.
• In-house catering and dining facilities.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

STAFF SUPPORT

• Adequate number of staff support to be determined by the Judiciary Service.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

OTHER BENEFITS

• Paid holiday travel once every 4 years, with Spouse.
• Annual Book Allowance to be determined by Judiciary Services.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase Duty post vehicle upon retirement, however, all associated expenses to be borne by the former Office Holder.
• Gratuity: Supreme Court Judge - Two months Consolidated Salary for every year served.

Court of Appeal - Two months Consolidated Salary for every year served.

High Court Judge – Two months Consolidated Salary for every year served.

3.5 COMMISSIONS AND COUNCILS

Introduction

While the 1992 Constitution provides checks and balances among the Executive, Legislature and Judiciary, it also provides for the establishment of other autonomous bodies as the basic framework for good governance. Those autonomous bodies stipulated under Article 71 of the 1992 Constitution are:

1) Commission on Human Rights and Administrative Justice (CHRAJ)
2) National Commission for Civic Education (NCCE)
3) National Media Commission (NMC)
4) National Council for Tertiary Education (NCTE)
5) Electoral Commission (EC)
6) Auditor-General
7) Public Services Commission (PSC)
8) Lands Commission
9) District Assemblies’ Common Fund

The Committee noted that these institutions share three common requirements:

• The need to better educate the public on the role and purpose of these governance institutions;
• The need to find a holistic approach to solving the funding problems facing these institutions; and
• The need to fashion out an incentive package to help these institutions employ and retain high caliber personnel.

For example, the NCCE should receive adequate funding for revitalization, because it has the prime responsibility for educating the public about good governance. Public education efforts should focus on the importance of governance to the development process and the constitutionally mandated functions. With such adequate funding and revitalized public education efforts, the public will then become active rather than passive stakeholders in the governance process. The public will also be able to effectively hold principal decision makers accountable.

The centralization of funding control within the Ministry of Finance was described as a hindrance by most of the Office Holders. According to some of these stakeholders, consideration should be given to the idea of insulating the approved budgets of the governance institutions from the volatility of revenue inflows. It is also worth considering a “formula” for financing governance institutions that does not compromise their independence. Such a formula could be based on GDP, for instance. In this regard, it could be agreed among stakeholders that budget allocation to these institutions will not fall below a given percentage of GDP each year.

3.5.1 COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE (CHRAJ)

As part of the 1992 transition from a non-constitutional rule to a constitutional democracy, a broad and consultative process was undertaken to draft a new Constitution and to establish a democratic system of checks and balances. One of the outcomes of the 1992 Constitution is the establishment in 1993 of the Commission on Human Rights and Administrative Justice, or CHRAJ.
The primary responsibilities of CHRAJ are:

• Ensuring a culture of respect for the rights and obligations of all people in Ghana;
• Dispensing and promoting justice in a free, informal and relatively expeditious manner;
• Ensuring fairness, efficiency, transparency and application of best practices; and
• Using a well-trained and motivated workforce equipped with the most modern technology available.

CHRAJ possesses broad investigative powers, including the ability to investigate complaints concerning:

• The violation of fundamental human rights, injustice, corruption, abuse of power and unfair treatment of any person by a serving public officer;

• Unequal access in recruitment or services by State agencies, including the civil service, the armed forces, the police and, prison services;

• Practices and actions by persons, private enterprises and other institutions that violate fundamental Constitutional rights and freedom; and

• Corruption and misappropriation of public moneys by officials.

CHRAJ is also vested with strong enforcement powers under Section 8 of the Commission on Human Rights and Administrative Act, including the power to issue subpoenas for the attendance of a witness or any relevant information or evidence. It also has the ability to pursue contempt charges in the courts against any person failing to obey its request.

Given the enormity of CHRAJ’s responsibilities, it is absolutely important that Office Holders are properly resourced and motivated to meet expected output.

OFFICE ACCOMMODATION

The Committee has reviewed the current Facilities and Privileges and has concluded that one of the most urgent issues to be addressed by the State is adequate office accommodation for CHRAJ, as a whole. According to officials of CHRAJ, their current office at the Old Parliament House building is owned by the AMA and that they are in the process of being evicted. Consequently, they are in desperate need of a new office building which is secure, accessible to its clients and well equipped.

STAFF SUPPORT

The quality of CHRAJ’s staff support, particularly professional secretaries is very poor, and there is an urgent need to recruit highly qualified support staff. Also, and more significantly, qualified lawyers have been defecting to the Office of the Attorney General, where the salary levels are much higher. Due to the low, across-the-board salary levels, CHRAJ is unable to recruit and retain well qualified staff. Furthermore, it is the understanding of the Committee, that even unqualified staff, are being promoted to higher grade levels, which undermines the concept of good governance. The Committee was also informed that while significant money has been spent on IT, CHRAJ is unable to recruit qualified IT professionals to handle the system, due to the low pay. The Committee’s recommendation is for urgent attention to be paid to the foregoing.

3.5.1.0 COMMISSIONER (FULL TIME)

The State shall provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with First Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase Duty vehicle upon retirement, however, all associated expenses to be borne by the former Office Holder.
• Non-taxable Pension: As stated on page 23 of this Report
• Gratuity: Two months Consolidated salary for every year served

3.5.1.1 DEPUTY COMMISSIONER (FULL TIME)

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Upon retirement, the former Officer Holder is entitled to purchase his/her official car at book value.
• Non-taxable Pension: As stated on page 23 in this Report.
• Gratuity: One month Consolidated Salary for every year served.

3.5.2 NATIONAL COMMISSION FOR CIVIC EDUCATION (NCCE)

As the name suggests, the NCCE is responsible for the civic education of the Ghanaian citizenry. As specified in Article 233 of the 1992 Constitution, the functions of the NCCE are:

• To create and sustain, within the society, the awareness of the principles and objectives of the 1992 Constitution as the fundamental law of the people of Ghana;
• To educate and encourage the public to defend this Constitution at all times, against all forms of abuse and violation;
• To formulate for the consideration of Government, from time to time, programmes at the national, regional and district levels aimed at realizing the objectives of this Constitution;
• To formulate, implement and oversee programmes intended to inculcate in the citizens of Ghana awareness of their civic responsibilities and an appreciation of their rights and obligations as free people; and
• Such other functions as Parliament may prescribe.

According to the 1992 Constitution, the Commission must consist of seven Members: A Chairperson, two Deputy Chairpersons and four other Members. All seven Members of the Commission are full-time Office Holders and are appointed by the President, acting upon the advice of the Council of State. Members appointed to the NCCE must be qualified to be elected as Members of Parliament.

The Commissioner and Deputy Commissioner shall enjoy the terms and conditions of service of a Justice of the Court of Appeal and High Court, respectively. However, they do not retire on full salary, but rather they receive gratuity and pension (Cap 30 or SSNIT).

3.5.2.0 CHAIRMAN (FULL TIME)

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.
TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase Duty vehicle upon retirement, however, all associated expenses to be borne by the former Office Holder.
• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: Two months Consolidated Salary for every year served.

3.5.2.1 DEPUTY CHAIRMAN (FULL TIME)

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.
RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, with appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Upon retirement, the former Officer Holder is entitled to purchase his/her official car at book value.
• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: One month Consolidated Salary for every year served.


3.5.2.2 MEMBER (PART-TIME)

• Non-taxable Ex-gratia, equivalent to one month Consolidated Salary for every year served.

3.5.3 NATIONAL MEDIA COMMISSION (NMC)

The NMC was established in 1993 by an Act of Parliament (Act 449) as stipulated in Article 166 of the 1992 Constitution. It is an independent oversight body for the media.

The functions of the National Media Commission are:

• To promote and ensure the freedom and independence of the media for mass communication and information;

• To insulate the state-owned media from government control;

• To take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media, including the investigation, mediation and settlement of complaints made against or by the press or other mass media; and

• To make regulations by constitutional instruments for the registration of newspapers and other publications, except that the regulations shall not provide for the exercise of any direction or control over the professional functions of a person engaged in the production of newspapers or other means of mass communication.

The NMC consists of fifteen part-time Members and is comprised of the following:

one representative each, nominated by:
The Ghana Bar Association;
The Publishers and Owners of the Private Press;
The Ghana Association of Writers and Library Association;
The Christian Group (the National Catholic Secretariat, the Christian Council, and the Ghana Pentecostal Council);
The Federation of Muslim Councils and Ahmadiyya Mission;
The training institutions of journalists and communicators;
The Ghana Advertising Association and the Institute of Public Relations of Ghana; and
The Ghana National Association of Teachers;
two representatives nominated by the Ghana Journalists Association;
two persons appointed by the President; and
three persons nominated by Parliament.

As specified in Article 171 of the Constitution, the administrative expenses of the NMC, including salaries, allowances and pensions payable to or in respect of persons serving with the Commission, shall be a charge to the Consolidated Fund. The salary and emoluments of the NMC Members are determined by the President.

3.5.3.0 CHAIRMAN AND MEMBER (PART-TIME)

• Non-taxable Ex-gratia, equivalent to one month Consolidated Salary for every year served.
3.5.4 NATIONAL COUNCIL FOR TERTIARY EDUCATION (NCTE)

The NCTE (previously known as the National Council for Higher Education) was established in 1972 to coordinate the (then) existing three universities, as well as a number of research institutions and professional associations.

In the late 1980’s, the government commissioned a comprehensive review of post secondary education in the country by a University Rationalisation Committee, as part of sector-wide education reforms. This review resulted in far-reaching reforms of the tertiary sub-sector, launched in 1991. Some of the effects of the reforms were the widening of the sub-sector to include all post-secondary school pre-service training institutions under the Ministry of Education. These had previously been categorized under the secondary education sub-sector. Subsequently, the National Council for Higher Education was re-established as the National Council for Tertiary Education in 1993 by Act 454.

The present-day NCTE is a co-ordination body for the re-defined tertiary sector. It also has the responsibility of examining the budgets and programmes of tertiary institutions before submitting them to the Ministry of Education.

3.5.4.0 CHAIRMAN AND MEMBER (PART-TIME)

• Non-taxable Ex-gratia, equivalent to one month Consolidated Salary for every year served.

3.5.5 ELECTORAL COMMISSION (EC)

Article 45 of the 1992 Constitution established the EC, the primary functions of which are to:

• Compile the register of voters and revise it at such periods as may be determined by law;
• Demarcate the electoral boundaries for both national and local government elections;
• Conduct and supervise all public elections process;
• Undertake programmes for the expansion of the registration of voters; and
• Perform such other functions as may be prescribed by law.

Other duties assigned to the EC are as follows:

• The proper storage of election materials;
• Making regulations for the issuance of identity cards;
• The power to cancel the registration of a political party;
• Making recommendations in connection with the creation of a new district; and
• Conducting or supervising elections for various bodies in the country.

The EC consists of a Chairperson, two Deputy Chairpersons and four Members. In accordance with the 1992 Constitution, the Chairperson’s terms and conditions of service are identical to those of a Justice of the Court of Appeal. The terms and conditions of service of the two Deputies are the same as those of a Justice of the High Court.


3.5.5.0 CHAIRMAN (FULL TIME)

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• Two official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicles.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.

• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase one Duty vehicle, upon retirement. However, all associated expenses to be borne by the former Office Holder.
• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: Two months Consolidated Salary for every year served.

3.5.5.1 DEPUTY CHAIRMAN (FULL TIME)

The State should provide the following Facilities and Privileges:

A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.

• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service to Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.


B) RETIREMENT FACILITIES AND PRIVILEGES

• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: One month Consolidated Salary for every year served.
• Right to purchase one Duty vehicle upon retirement. However, all subsequent associated expenses to be borne by the former Officer Holder.

3.5.5.2 MEMBER (PART-TIME)

RETIREMENT FACILITIES AND PRIVILEGES

• Non-taxable Ex-gratia, equivalent to one month Consolidated Salary for each full year of service.

3.5.6 PUBLIC SERVICES COMMISSION (PSC)

The PSC shall have such powers and exercise such supervisory, regulatory and consultative functions as Parliament shall, by law, prescribe, including as may be applicable, the supervision and regulation of, entrance and promotion examinations, recruitment and appointments into or promotions within, the public services, and the establishment of standards and guidelines on the terms and conditions of employment in the public services. Further, the PSC may, subject to the approval of the President, make regulations, by constitutional instrument, for the effective and efficient performance of its functions under this Constitution or any other law.

Specific functions of the Commission are:

• To advise Government on the criteria for appointment to public offices as well as persons to hold or act in public offices;

• To promote efficiency, accountability and integrity in the Public Services;

• To prescribe appropriate systems and procedures for the management of personnel records within the Public Services;

• To identify, explore and promote the recruitment of suitable personnel into the Public Services acting in collaboration with educational authorities;

• To undertake planning of the manpower requirements of the Public Services, using data from the educational institutions and other sources;

• To improve recruitment policies and techniques by introducing modern methods of judging suitability of officers;

• To conduct examinations and interviews for appointments to posts and for promotions in the Public Services or within public corporations to ensure uniformity of standards of selection and qualifications;

• To provide a standard framework for evaluating and classifying jobs in the Public Services;

• To review the organization, structure and manpower requirements of agencies and bodies in the Public Services and advise Government on such manpower rationalization as may be necessary for maximum utilization of human resources in the Public Services;

• To oversee the human resources development activities of the Public Services organizations to ensure career planning and career development in the Public Services;

• To advise Government on the principles and procedures for determining salaries and other conditions of service within the Public Services;

• To prescribe a standard framework for the provision of incentive schemes to promote higher productivity;

• To conduct, in collaboration with training institutions, personnel research into human resources management in the Public Services in order to improve personnel practices and their utilization in the Public Services; and

• To perform any other duties assigned to it under the Constitution or any other enactment.

3.5.6.0 CHAIRMAN (FULL TIME)
The State should provide the following Facilities and Privileges:
A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental service for Office Holder, Spouse and children who are less than 21 years of age.


MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase one Duty vehicle, upon retirement. However, all associated expenses to be borne by the former Office Holder.
• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: Two months Consolidated Salary for every year served.

3.5.6.1 DEPUTY CHAIRMAN (FULL TIME)
The State should provide the following Facilities and Privileges:
A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental services for Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase one Duty vehicle upon retirement, however, all associated expenses to be borne by the former Officer Holder.
• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: One month Consolidated Salary for every year served.

3.5.6.2 MEMBER (FULL-TIME)
The State should provide the following Facilities and Privileges:
A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.


OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental services for Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In line with government rules and regulations

B) RETIREMENT FACILITIES AND PRIVILEGES

• Upon retirement, the former Officer Holder is entitled to purchase his/her official car at book value.
• Gratuity: One month of Consolidated Salary for every completed year of service.

3.5.6.3 MEMBER (PART-TIME)

• Non-taxable Ex-gratia: One month Consolidated Salary for every year served.

3.5.7 LANDS COMMISSION

Article 258(1) of the 1992 Constitution provided for the establishment of the Lands Commission. In 1994, under Act 483, the Commission was established and mandated to undertake the following activities:

• Management of public lands and any lands invested in the President;
• Provision of land administration advisory service to State agencies, traditional authorities and the general public;
• Monitoring of all developments on public lands to ensure conformity with approved development plans;
• Maintenance of State land and public land records;
• Management of the Deeds Registry Records;
• Resolving land disputes through the use of alternate dispute resolution mechanism;
• Formulating and submitting to government, recommendations on national policy with respect to land use; and
• Advising on and assisting in the execution of a comprehensive programme for the registration of title to land throughout Ghana.

The Lands Commission is comprised of the following:

• A Commissioner, who is neither a Minister nor Deputy Minister; and one Representative each from:

o the National House of Chiefs;
o the Ghana Bar Association;
o the Ghana Institution of Surveyors;
o each of the Regional Lands Commissions;
o the Department responsible for Town and Country Planning;
o National Association of Farmers and Fishermen;
o the Environmental Protection Council;
o the Ministry responsible for Lands and Natural Resources (Lands, Forestry and Mines); and
o the Chief Administrator of Lands Commission (Executive Secretary).

From the Appointment Letter issued by the Office of the President, dated 17th June 2003, it is clear that the Chairman of the Lands Commission is a Full-Time appointment.

3.5.7.0 CHAIRMAN (FULL TIME)
The State should provide the following Facilities and Privileges:
A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental facilities for Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase a Duty vehicle upon retirement, however, all associated expenses to be borne by the former Office Holder.
• Gratuity: Two months of Consolidated Salary for every completed year of service.

3.5.7.1 MEMBER (PART-TIME)

RETIREMENT FACILITIES AND PRIVILEGES

• Non-taxable Ex-gratia, equivalent to one month Consolidated Salary for each full year of service or pro rata.

3.5.8 DISTRICT ASSEMBLIES COMMON FUND

3.5.8.0 ADMINISTRATOR (FULL TIME)
The State should provide the following Facilities and Privileges:
A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Well-equipped and maintained office accommodation.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Fully furnished official accommodation, or 30% of Consolidated Salary in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One official, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.

MEDICAL AND DENTAL SERVICES

• Medical and Dental services for Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase Duty vehicle upon retirement. However, all associated expenses to be borne by the former Office Holder.
• Non-taxable Pension: As stated on page 23 of this Report.
• Gratuity: Two months of Consolidated Salary for every completed year of service.


3.5.9 AUDITOR-GENERAL

As stipulated in the 1992 Constitution, the Auditor-General is responsible for the public accounts of Ghana and all public offices, including the courts, the central and local government administrations, the universities and public institutions of like nature, any public corporation or “other body or organisation established by an Act of Parliament, which shall be audited and reported on by the Auditor-General.”

In performing the duties of his office, the Auditor-General shall, “not be subject to the direction or control of any other person or authority, and may disallow any item of expenditure which is contrary to law and surcharge.”

On an annual basis, specifically within six months after the end of the immediately preceding financial year, the Auditor-General is required to submit a report to Parliament, and shall, in that report, draw attention to any irregularities in the accounts audited and to any other matter which, in his opinion, ought to be brought to the notice of Parliament. Furthermore, Parliament shall debate the report of the Auditor-General and appoint, where necessary, in the public interest, a committee to deal with any matters arising from it.

OFFICE ACCOMMODATION

The Committee was informed that a new well-equipped modern office building will be constructed very soon, which, it is hoped, will address all the office accommodation related issues.

In order to protect and to prevent the unlawful disclosure of confidential information contained in reports prepared by the Office of the Auditor General, the Office Holder is of the opinion, and the Committee agreed, that a well equipped printing office should be established and attached to the Auditor Generals office as soon as possible.

STAFF SUPPORT

According to the Auditor-General, there is an urgent need for a good secretariat that will be able to thoroughly review the majority of the reports before they are sent him. He also stressed that, given the heavy workload, he should be provided with a Special Assistant.
The State shall provide the following Facilities and Privileges:
A) WHILE IN OFFICE

OFFICE ACCOMMODATION

• Fully equipped, staffed and secure office accommodation.
• Fully equipped, staffed and secure printing office.
• Special facilities for the physically challenged.

RESIDENTIAL ACCOMMODATION

• Free, fully furnished official accommodation, or 30% of Consolidated Salary, in lieu of use of official accommodation.

PERSONAL SECURITY

• 24-hour Security Service.

TRANSPORTATION

• One State owned, fully maintained, comprehensively insured, fuelled and chauffeur-driven vehicle.

OVERSEAS AND LOCAL TRAVEL FOR OFFICIAL BUSINESS

• Travel abroad for Official Business should be with Business Class airline ticket and 4-Star hotel accommodation, and appropriate protocol courtesies arranged by the Ghanaian Mission or Consul at the destination.
• First class hotel accommodation, when traveling outside Accra, but within Ghana.
-
MEDICAL AND DENTAL SERVICES

• Free medical and dental facilities for Office Holder, Spouse and children who are less than 21 years of age.

MATERNITY/PATERNITY LEAVE

• In accordance with government rules and regulations.

B) RETIREMENT FACILITIES AND PRIVILEGES

• Right to purchase Duty vehicle upon retirement. However, all associated expenses to be borne by the former Office Holder.
• Pension: As stated on page 23 of this Report.
• Gratuity: Two months Consolidated Salary for every year served.

 

ANNEX A

Following are the Annexes which provide the components used as bases for the determination of the Basic Salary and Consolidated Allowances for all Article 71 Office Holders. For ease of reference, the Annexes for the Executive Branch begin with the letter “E,” for Legislature, with a letter “L,” for the Judiciary, with a letter “J,” and for the Commissions/Council, with a letter “C.” For example, annex E2 on page 100, for the President, provides details of the Basic Salary and other Allowances.


Components of the Emoluments (Consolidated)

Annex E1 Executive Branch
Annex CS1 Council of State
Annex L1 Legislature
Annex J1 Judiciary
Annex AG1 Auditor - General
Annex C1 Commissions/Councils

Emoluments Components and Analysis

Annex E2 President
Annex E3 Vice President
Annex E4 Cabinet Minister (MP)
Annex E5 Cabinet Minister (Non-MP)/Minister of State (MP)/Regional Minister (MP)
Annex E6 Minister of State (Non-MP)/Regional Minister (Non-MP)
Annex E7 Deputy Minister (MP)/Deputy Regional Minister (MP)
Annex E8 Deputy Minister (Non-MP)/Deputy Regional Minister (Non-MP)
Annex CS2 Chairperson – Council of State
Annex CS3 Member – Council of State
Annex L2 Speaker of Parliament
Annex L3 First Deputy Speaker and Majority Leader
Annex L4 Second Deputy Speaker and Minority Leader
Annex L5 Deputy Majority Leader
Annex L6 Deputy Minority Leader
Annex L7 Majority Chief Whip
Annex L8 Minority Chief Whip
Annex L9 Majority Deputy Whip
Annex L10 Minority Deputy Whip
Annex L11 Member of Parliament
Annex J2 Chief Justice
Annex J3 Supreme Court Judge
Annex J4 Appeal Court Judge
Annex J5 High Court Judge
Annex AG2 Auditor General
Annex C2 Commission/Council - Chairperson/ Commissioner
Annex C3 Commission/Council - Vice Chairperson/Deputy Commissioner
Annex C4 Commission/Council – Member