National Commission for Civic Education Act, 1993 (Act 452)
This section establishes the National Commission for Civic Education, called “the Commission.” The Commission’s functions include public education, constitutional awareness, programme development, oversight, assessment,…
“This section establishes the National Commission for Civic Education, called “the Commission.””
This section establishes the National Commission for Civic Education, called “the Commission.” The Commission’s functions include public education, constitutional awareness, programme development, oversight, assessment, and recommendations on inequalities. The Commission is not subject to direction or control by any person or authority when performing its functions, unless the Constitution or another law provides otherwise. The Commission must be made up of a Chairman, two Deputy Chairmen, and four other members. Members of the Commission are appointed by the President, acting on the advice of the Council of State.
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The Commission’s Chairman and Deputy Chairmen get service terms tied to judicial offices, other members have terms approved by Parliament, and the Chairman and Deputy Chairmen cannot hold any other public office while serving.
This section repeals the National Commission for Democracy Law, 1988 (PNDCL. 208).
Section 23
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Provision 21OffenceRepeal
§ 1Establishment of National Commission for Civic EducationProvision
This section establishes the National Commission for Civic Education, called “the Commission.”
Section 1—Establishment of National Commission for Civic Education . There is established by this Act a National Commission for Civic Education referred to in this Act as "the Commission."
The Commission’s functions include public education, constitutional awareness, programme development, oversight, assessment, and recommendations on inequalities.
Section 2—The Functions of the Commission. The functions of the Commission are— (a) to create and sustain within the society the awareness of the principles and objectives of the Constitution as the fundamental law of the people of Ghana; (b) to educate and encourage the public to defend the Constitution at all times, against all forms of abuse and violation; (c) to formulate for the consideration of Government, from time to time, programmes at the national, regional and district levels aimed at realising the objectives of the Constitution; (d) 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 (e) to assess for the information of Government, the limitations to the achievement of true democracy arising from the existing inequalities between different strata of the population and make recommendations for re-dressing these inequalities. 3
The Commission is not subject to direction or control by any person or authority when performing its functions, unless the Constitution or another law provides otherwise.
Section 3—Independence of Commission. Except as otherwise provided in the Constitution or in any other law which is not inconsistent with the Constitution, the Commission shall not be subject to the direction or control of any person or authority in the performance of its functions.
Commission members must be eligible to be elected as members of Parliament and must not hold office in any political party.
Section 6—Qualification of Members. (1) Members of the Commission shall be persons who are qualified to be elected as members of Parliament. (2) Members of the Commission shall be persons who do not hold office in any political party.
The Commission’s Chairman and Deputy Chairmen get service terms tied to judicial offices, other members have terms approved by Parliament, and the Chairman and Deputy Chairmen cannot hold any other public office while serving.
Section 7—Terms and Conditions of Service of Members of Commission. (1) The Chairman of the Commission shall enjoy the same terms and conditions of service as a Justice of the Court of Appeal, and a Deputy Chairman of the Commission shall enjoy the same terms and conditions of service as a Justice of the High Court. (2) The other members of the Commission shall hold office on such terms and conditions as may be approved by Parliament. (3) The Chairman and the two Deputy Chairmen of the Commission shall not, while they hold office on the Commission hold any other public office.
The President may appoint someone to act for an incapacitated Commission member, and a Deputy Chairman must act as Chairman when the Chairman’s office becomes vacant or the Chairman cannot act.
Section 8—Filling Vacancies. (1) Where a member of the Commission other than the Chairman is incapacitated by illness or any other cause from performing the functions of his office, the President may, acting on the advice of the Council of State appoint another person to perform his functions until the member is able to resume the performance of his duties. (2) Where the Chairman of the Commission dies, resigns, is removed from office or is absent from Ghana for a continuous period exceeding three months or is by reason of illness unable to perform the functions of his office, one of the Deputy Chairmen as directed by the President shall act as Chairman until the Chairman is able to perform the functions of his office or until a new Chairman is appointed. 4 (3) Where a person is appointed as a member to fill a vacancy he shall hold office for the remainder of the term of the previous member and shall, subject to the provisions of this Act be eligible for re-appointment.
Different removal procedures apply to Commission leaders, and the President may remove other Commission members on advice from the Council of State for stated reasons.
Section 10—Removal of Members of Commission. (1) The procedure for the removal of the Chairman or a Deputy Chairman from office shall be the same as those applicable for the removal of a Justice of the Court of Appeal and a Justice of the High Court respectively under the Constitution. (2) Any other member of the Commission may be removed from office by the President acting on the advice of the Council of State for inability to perform the functions of his office or for any just cause.
The Commission must meet at least monthly, with the Chairman setting time and place, and the Chairman must preside unless absent, when a Deputy Chairman presides.
Section 11—Meetings of Commission. (1) The Commission shall meet for the despatch of business at a time and place determined by the Chairman but shall meet at least once in every month. (2) The quorum at a meeting of the Commission shall be four of the members of the Commission that includes the Chairman or a Deputy Chairman. (3) There shall be given to members a notice of four clear days for every meeting of the Commission. (4) The Chairman shall preside at each meeting of the Commission but in his absence one of the Deputy Chairmen shall preside. (5) The validity of proceedings of the Commission shall not be affected by a vacancy in its membership or any defect in the appointment of a member. (6) Questions before the Commission shall be decided by a majority of the members present and voting and where there is equality of votes the Chairman shall have a second or casting. (7) The Chairman shall summon a special meeting of the Commission within fourteen days of the receipt of a written request signed by not less than four members of the Commission. (8) Except as otherwise provided in this Act, the Commission shall regulate the procedure at its meetings.
The Commission may co-opt any person as an adviser at its meetings, but co-opted people cannot vote.
Section 12—Power to Co-opt. The Commission may co-opt any person to act as an adviser at its meetings but no co-opted person is entitled to vote at a meeting.
The Commission may appoint committees and give them functions it determines. If a committee is made up entirely of non-members, it may only advise the Commission.
Section 13—Commission to Appoint Committees. The Commission may appoint committees made up of members or non-members or both and may assign to them such functions as the Commission may determine except that a committee consisting entirely of non-members may only advise the Commission. 5
The Commission must appoint a Secretary, and the Secretary must manage the Commission’s business and minutes and carry out other assigned functions.
Section 14—Secretary. (1) The Commission shall in consultation with the Public Services Commission appoint a Secretary to the Commission. (2) The Secretary shall in consultation with the Chairman arrange the business, record and keep minutes of the meetings of the Commission. (3) The Secretary shall perform such other functions as the Commission may assign to him and shall be assisted in the performance of his functions by any of the employees of the Commission that the Commission may direct.
The Commission must employ and appoint additional staff as reasonably necessary, after consulting the Public Services Commission. Other public officers may be transferred, seconded, or otherwise assist the Commission.
Section 15—Other Staff of the Commission. (1) The Commission shall employ such other officers and employees as may be reasonably necessary for the effective discharge of its functions. (2) The officers and employees shall be appointed by the Commission in consultation with the Public Services Commission. (3) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to it.
§ 16Regional and District Branches of CommissionProvision
The Commission must have regional and district branches in every region and district of Ghana, appoint officers for each branch, and may create other lower structures to support its operations.
Section 16—Regional and District Branches of Commission. (1) There shall be in each Region and District of Ghana regional and district branches of the Commission. (2) There shall be appointed for each regional and district branch of the Commission such officers as the Commission shall determine. (3) The Commission may create such other lower structures as would facilitate its operations.
§ 17Functions of Regional and District BranchesProvision
A regional or district branch of the Commission must carry out Commission functions for its Region or District when the Commission directs it to do so.
Section 17—Functions of Regional and District Branches. A regional or a district branch of the Commission shall perform in respect of the Region or District such of the functions of the Commission specified under this Act as the Commission may direct.
§ 18Expenses of Commission Charged on Consolidated FundProvision
The Commission’s administrative and operational expenses, including salaries, pensions, and allowances, are charged on the Consolidated Fund.
Section 18—Expenses of Commission Charged on Consolidated Fund. The administrative and operational expenses of the Commission including salaries, pensions and allowances payable to or in respect of persons serving with the Commission shall be charged on the Consolidated Fund.
The Commission must keep proper accounting books and records, use a form approved by the Auditor-General, and have its books and accounts audited within six months after the end of the financial year.
Section 19—Accounts. (1) The Commission shall keep proper books of account and proper records in relation to them and the account books and records of the Commission shall be in a form approved by the Auditor-General. (2) The books and accounts of the Commission shall be audited by the Auditor-General or by an auditor appointed by him within a period of six months after the end of the financial year.
The Commission must submit an annual report to Parliament about its activities and operations for the preceding year.
Section 20—Annual Report. 6 The Commission shall, annually submit to Parliament a report indicating the activities and operations of the Commission in respect of the preceding year.
A person who wilfully obstructs or interferes with the Commission while it is carrying out its functions commits an offence and may be fined up to ¢500,000, imprisoned for up to six months, or both.
Section 21—Offences. A person who wilfully obstructs the Commission or otherwise interferes with the Commission in the discharge of its functions commits an offence and is liable on conviction to a fine not exceeding ¢500,000 or to a term of imprisonment not exceeding six months or to both.
The Commission may make regulations by legislative instrument to carry this Act into effect.
Section 22—Regulations. (1) The Commission may by legislative instrument make regulations for carrying the provisions of this Act into effect. (2) The exercise of the power to make regulations under subsection (1) may be signified under the hand of the Chairman or in his absence that of a Deputy Chairman.
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A–F
1 instrument
Commission. (8) Except as otherwise provided in this Act
Section 11
N–S
2 instruments
National Commission for Civic Education . There is established by this Act
Section 1
Region or District such of the functions of the Commission specified under this Act
Section 17
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