Ghana’s Parliament Amends Presidential Transition Act

The Parliament of Ghana, on Wednesday, October 26, 2016, has amended the Presidential Transition Act, 2012.

The new Presidential Transition (Amendment) Bill, 2016, which replaces Act eight four five seeks to, among other things, correct Section 11 and 12 of the Act as they are in conflict with Article one one three of the Constitution.

Section 11 and 12 of Act eight four five stated that Parliament should be constituted two days before the president is inaugurated.

This provision however, contravened Article one one three of the Constitution which also says Parliament shall continue for four years from the date of its first sitting and then stand dissolved.

The new Presidential Transition (Amendment) Bill, 2016 now states that instead of constituting Parliament two days before the inauguration of the President, the swearing-in of the MPs’ and the inauguration of the Speaker should be held within twelve hours before the inauguration of the President.

The Committee on Constitutional, Legal and Parliamentary Affairs, in its report on the bill, said the minister for Justice and Attorney General would be given the power under Clause eight of the Bill to make regulations for the effective implementation of the Act.

The regulations will be the blueprint for handing over notes for effective implementation of the Act.

The report of the committee further stated that a transition team will be constituted within 24 hours after the declaration of the results of the presidential election in accordance with Article 63 of the Constitution, given the different scenarios of an incumbent retaining power or a new person being elected president.

The Bill empowers the administrator-general to evict a person staying in an official residence for more than three months in a situation where the person ceases to hold office on the assumption of office of a newly elected President.