The supreme court of ghana, in the ghana bar association v. Chieftaincy which revolves around ethnicity is generally considered as one of the major source of conflict in ghana. Chieftaincy is the primary substratum of ghanaian society. 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. The aim of this study is to analyse the dynamics of dagbon chieftaincy conflict in northern ghana and to examine how rwandans gacaca conflict resolution strategy could serve as a reference point for sustainable peace in dagbon. 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. For selected studies on chieftaincy disputes in ghana, see agyekum 2002.
Pdf chieftaincy and the negotiation of might and right. Accepted 17 february, 2012 it is widely argued that chiefs do not play any meaningful role in local government in ghana as they. 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. Library of congress law library of congress lloc family reunification laws in selected jurisdictions july 2014 pdf nongovernment organization reports. Impact of chieftaincy conflict on the economic status of. The instrument covering the establishment of the house was enacted on the 17th september, 1971, that is the chieftaincy act 1971 act 370.
This act makes provision for local government in ghana and the promotion, conservation and development of customary law. The ghana trademarks amendment act, 2014 page 1 ict. Ghana chieftaincy act chieftaincy act, 2008 land portal. Limitation of jurisdiction in chieftaincy matters 58. View chieftaincy and the law in modern ghana kumado article. Chieftaincy act of 1961 81 succeeded the 1958 local courts.
There are about twelve sections in this course and they include. Ministry for chieftaincy and religious affairs wikipedia. Examining the position of the chieftaincy institution in. The present political map of ghana, with clearly established administrative structures.
Given this circumstances it is just plain fool hardy to dispense abolishment of the institution of chieftaincy without thorough consideration for the traumatic shockwaves such an act would send to the body politic, in our hurry to copy everything white, strictly american and few nonmonarchical european countries. 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. In the view of kendie and bukari 2012, ghana has often been described internationally as one of the most stable, democratic and. A major development, however, as pointed out by hagan 2006 is the numerous conflicts associated with the chieftaincy institution. The constitution of ghana and the chieftaincy act 756, 2008 provides the appropriate basis for these analyses. The politicisation of a chieftaincy conflict 5 for chieftaincy titles amongst ghanas new elite since the 1970s. Chieftaincy is one of the most enduring traditional institutions of ghana and has displayed remarkable resilience from precolonial through colonial and postcolonial times. Ghana chieftaincy act chieftaincy act, 2008 land portal securing land rights through open data.
Pdf chieftaincy and the negotiation of might and right in. Constitution of ghana recognizes the institution of chieftaincy within its statutory. One year after independence, the 1958 local courts act no. 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. Chieftaincy and the law in modern ghana kumado article. The chieftaincy institution in ghana is a system that structures and regulates the activity of local. Penalty for nonattendance by witness part ivexercise of jurisdiction, evidence and rules of court. Chieftaincy institutions particularly in northern ghana is perceived as male institution. In early times when the gold coast now ghana had not been established, the people were hunters and gatherers. Apr 26, 2006 the role of chieftaincy in ghana prev. Politics, chieftaincy and customary law in ghanas fourth. This act gave the minister of local government power to appoint judicial commissioners to determine all matters concerning chieftaincy.
The fourth republic constitution and the chieftaincy act. Chieftaincy as an important social institution which binds the people together is fraught with numerous disputes. 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. 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. Empowerment, conflict, economic, chieftaincy, traditional, institutions, clan. A qualitative study of chieftaincy and local government in ghana. Introduction one of the factors that influenced the establishment of the chieftaincy institution in ghana was the quest for cooperation, peace, and security. 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 matters. 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. Jan, 2019 chieftaincy act, 2008 act 759 download file. Chieftaincy and the negotiation of might and right in botswana democracy article pdf available in journal of contemporary african studies 212. In 1959, nkrumah passed the chiefs recognition bilp3. Ghanas political history precolonial, colonial and postcolonial.
The ministry for chieftaincy and traditional affairs is the official ghanaian agency responsible the creation of linkages between the government of ghana and the traditional authorities in the country. 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. A qualitative study of chieftaincy and local government in ghana kwame asamoah university of ghana business school, legonaccra, ghana. An act to revise and consollidate the chieftaincy at, 1971 act 370 to bring its provisions in conformity with. This act gave the minister of local government power to appoint. Colonial, civilian or military have in one way or the other tried to influence the role of chiefs in political affairs. Since the colonial era, the institution has been linked to the politics of ghana. 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.
Kas international reports 0920 konradadenauerstiftung. The chiefs are divided by the act of leadership into 5 categories as for authority. 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. This paper examine the relationship between s politics and chieftaincy in ghana in the context of customary law by tracing the position of chiefs throughout the history of ghana. Chieftaincy has been the bedrock of ghanaian society over the years. Aug 18, 2015 in precolonial times, chieftaincy constituted the axis for the exercise of executive, legislative and judicial powers. The national house of chiefs was established in 1969 under article 154 of the 1969 constitution. 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. Chieftaincy act of 1961 81 succeeded the 1958 local courts act. 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 attorney general, has unanimously decided that, even under the 1992 constitution, high court and the court of appeal have no jurisdiction in chieftaincy matters. Act 759 2008 and child protection policy to gain proper appreciation on the.
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