Chieftaincy Act, 2008 (ACT 759)

The National House of Chiefs must have a President and a Vice-President, and the President and Vice-President are elected from among the House’s members.

This section sets out how elections for the National House of Chiefs are supervised, who acts as returning officer, who may be elected or re-elected, and what must happen when a vacancy arises.

The National House of Chiefs must advise on chieftaincy matters, study and codify customary law, review harmful customs, and carry out functions assigned by law or Parliament; it may also create committees and delegate functions to them.

The National House of Chiefs may make Standing Orders to regulate and keep its business orderly.

This section sets rules for meetings of the National House of Chiefs, including minimum meeting frequency, who can call an extraordinary meeting, quorum, who presides, voting, proxy participation, and when proceedings stay valid.

This section sets out how a vacancy in a Regional House of Chiefs is filled, including notice, meeting, voting, and nomination rules.

Each Regional House must have a President and a Vice-President. The Vice-President acts as President when the President is absent. For houses other than the Ashanti Regional House, the office term is four years and no one may serve more than two consecutive terms.

When a regional house president or vice-president office becomes vacant, the registrar must notify the Electoral Commission, convene a meeting, and the meeting must elect the officers by secret ballot and simple majority.

A Regional House of Chiefs acts within its region and must advise on chieftaincy matters, study and recommend solutions for disputes, compile customary laws and succession lines, carry out other functions given by law, and respond to referrals from the President, Parliament, or another authority. It may also appoint committees and delegate functions to them.

Each Regional House may make Standing Orders for its committees and for the orderly conduct of its business.

Regional Houses must meet at least twice a year, and meetings need the required members present to transact business.

A Traditional Council must exist in each traditional area.

This section says who serves as President of the Traditional Council: the paramount chief of a traditional area, or the Asantehene in the Kumasi traditional area.

Traditional Councils must match the National Register of Chiefs, and membership changes must be reported and reflected in the Register.

Traditional Council meetings must be held at the President’s chosen times and places, and at least twice a year. The President must convene an extraordinary meeting when at least half the members request it, must preside at meetings, and a senior chief acts if the President cannot attend. Business cannot be transacted unless at least half the members are present, except for adjournment. A Judicial Committee may use a lawyer appointed by the Committee.

A Division is an area specified as a Division in the National Register of Chiefs.

A relevant Regional House may determine Divisional Councils for each traditional area.

A Divisional Council’s members are the people listed in the National Register of Chiefs, and changes in membership must be reported and the Register updated.

A Divisional Council’s presidency must be held by the most senior chief, or by the next most senior chief if the most senior chief is absent.

Divisional Council meetings are scheduled by the President or by request of at least half the members; the President chairs meetings, or another elected member does if the President cannot attend; and business cannot be done unless at least half the members are present, except for adjournment.

The National House may assign chieftaincy-related functions to a Divisional Council, after consulting the relevant Traditional Council or, if none exists, the Regional House.

The National House of Chiefs has original jurisdiction over certain chieftaincy matters.

The National House of Chiefs can hear appeals in chieftaincy matters decided by a Regional House.

Appeals against certain National House decisions may be taken to the Supreme Court; appeals from appellate jurisdiction require leave from the National House or the Supreme Court.

The National House of Chiefs must have a Judicial Committee that hears original and appellate matters, follows specified membership rules, can remove members for stated grounds, and is assisted by a lawyer with at least ten years’ standing.

A Regional House has original jurisdiction over matters relating to a paramount stool or skin, or its occupant, including queenmothers, subject to section 22.

A Regional House of Chiefs can hear appeals from Traditional Councils and may reverse, vary, or send the matter back for reconsideration.

Each Regional House must have a Judicial Committee.

Traditional Councils have exclusive jurisdiction over certain chieftaincy matters in their area, with appeals available to the relevant Regional House.

A chief has the power to act as an arbitrator in customary arbitration if the parties consent.

A Judicial Committee may accept hearsay evidence, but it must not base findings or inferences solely on hearsay. If doubt remains about a customary law rule after considering submissions and sources, it must adjourn for an inquiry.

A Judicial Committee may require an applicant to provide security for costs, and related costs are handled at the Committee’s discretion.

Appeals to the National House from a Regional House decision must be lodged within 30 days, with limited extension power; the National/Regional Houses have certain judicial powers; some Judicial Committee members and lawyers are immune for acts done in function; and contempt-related conduct is punishable.

Some appeals to the National House or a Regional House against a final judgment or order automatically stay execution, unless the appellate tribunal directs otherwise.

Traditional Councils must conduct proceedings under customary law and report decisions on chieftaincy matters to the Regional House of Chiefs within 30 days.

Rules on vacancies in Judicial Committees, including who may fill them and when members may stay on to finish pending cases.

A successful party may apply to have a judgment or order from a House of Chiefs or Traditional Council enforced through the High Court or the relevant District Court, after paying the prescribed fees.

People appearing before a Judicial Committee get the same statement protection and, for witnesses, the same privileges they would have in the High Court.

A person in proceedings before a Judicial Committee must comply with the Committee’s requirements to produce or deliver documents, answer questions, or sign documents, and must not wilfully obstruct the proceedings.

A person may not start deposition proceedings for a chief unless custom allows it, and a Traditional Council may not declare a chief liable to be deposed unless the Judicial Committee has considered the charges.

Proceedings of the National House, a Regional House, and a Traditional Council in chieftaincy matters must be recorded in writing or in an accessible form.

If an Act requires an application to one of two bodies, it must go first to the lower body; if refused, the applicant may take it to the higher body.

The High Court has supervisory jurisdiction over an adjudicating chieftaincy body established by or under this Act.

This section defines what counts as stool property.

A transaction to alienate or pledge stool property is voidable unless the Traditional Council concerned consents.

Stool property cannot be seized in execution unless the National House gives written consent.

If a person does not comply with a Judicial Committee order to deliver stool property, that person commits an offence and may be fined or imprisoned.

Regional House officials may take and hold stool property in specified chieftaincy-dispute situations, and must later restore it when retention is no longer needed.

The National House of Chiefs must study, interpret, and codify customary law, subject to clause (2) of article 11 of the Constitution.

If a Traditional Council thinks customary law in its area is uncertain or should be changed or aligned with common law, it must refer the matter to the regional House of Chiefs.

A Regional House may draft a declaration of customary law, but the draft must be sent to the National House, which must consider and consult on it. If the National House is satisfied, it must ask the Minister in writing to give the statement effect; the Minister may then do so by legislative instrument after consulting the Attorney-General.

Regional and national houses can initiate and advance changes to customary law, and the Minister may implement them by legislative instrument.

If a customary-law question affects more than one Regional House, a Joint Committee must be formed to consider it.

The National House may consider whether a customary law rule should be assimilated into the common law, and must do so when writtenly requested by the Minister or a Joint Committee. If it thinks assimilation is appropriate, it must draft a declaration; the Minister may then give effect to it by legislative instrument after consulting the Attorney-General.

A court may consult textbooks and other sources about a common law rule of customary origin, and must treat that rule like any other common law rule.

A legislative instrument made under sections 51, 52 or 54 may include transitional provisions if the Minister considers them necessary, after advice from the National House of Chiefs and consultation with the Attorney-General.

Defines who counts as a chief and sets limits on chiefs taking part in party politics, seeking Parliament, and being recognized for official functions.

This section lists the categories of chiefs.

The National House must keep the National Register of Chiefs and record chieftaincy details in it. The Minister and other persons have specified access rights, and refusals to register a person as chief may be appealed to the Supreme Court.

The National House of Chiefs must publish the Chieftaincy Bulletin and set when it is published; it also controls editorial board and content matters, subject to other publications in the Act.

A chief is exempt from contempt liability for good-faith acts or statements made during legitimate customary proceedings or practices, unless they willfully violate a court order.

The Regional House must report certain changes in a chief’s status to the National House of Chiefs in writing as soon as practicable, and the National House must publish the report’s contents. An installation is not valid unless public notice was given at least 14 days before the installation.

This section makes several acts relating to chiefs offences, and sets fines and possible imprisonment for summary conviction.

The President must appoint the Registrar and staff for the National House and each Regional House, and staff hold office on terms and conditions set by the President after consulting the Public Services Commission.

The Registrar of the National House or each Regional House must carry out the House’s functions as directed, keep the minutes, and keep custody of records and other documents.

The President must appoint the staff for a Traditional Council or Divisional Council, in accordance with article 195 of the Constitution.

The listed houses and councils are to have funds for carrying out their functions, as Parliament allocates them from time to time.

The National House and each Regional House must submit annual revenue and expenditure estimates by the date the Minister responsible for Finance directs.

Specified houses and councils must keep books and records, submit accounts for audit within three months after each financial year, and the Auditor-General must audit them and send a copy of the report to the Minister.

The President of a listed House or Council may represent it in court actions brought by or against it, and such actions may be brought as if the House or Council were a person.

The Minister may make Regulations, after consulting the National House, to give full effect to the Act and to prescribe fees.

This section says the Act does not affect certain existing rights of allegiance and land-related rights.

The Administrator of Stool Lands must establish a Regional Stool Lands Account for each region.

The Office of Administrator of Stool Lands must submit an annual statement of revenue and expenditure to each stool or skin with accounts kept by the Administrator.

The Electoral Commission must apply existing public-election regulations, with necessary modifications, for elections under this Act, and it may make its own regulations by Constitutional Instrument if it considers them necessary.

This section defines several terms used in the Act, including chieftaincy-related expressions, offices, and registers.

This section repeals the Chieftaincy Act, 1971 (Act 370) and keeps certain pending matters, existing instruments, some councils, and specified officeholders in place during the transition.