Under the current 1992 Constitutional arrangement, Article 242 (paraphrased) District Assembly (non-partisan in nature) – is the highest political authority in the district and consists of the following:
(a) one person elected by universal adult suffrage from each electoral area
(b) the member of members of Parliament from constituents that fall within the
area of authority of the District Assembly (no voting power)
(c) the District Chief Executive of the district appointed by the President
with executive powers and with the prior approval of not less than two-thirds
(2/3) majority of the members of the Assembly present and voting at the meeting
(d) other members not being more than thirty percent (30%) of all the members
of the District Assemble, appointed by the President in consultation with the
traditional authorities and other interest groups in the district
In addition, Article 251 establishes the following:
(1) an Executive Committee of a District Assembly which shall be responsible
for the performance of the executive and administrative functions of the
District Assembly.
(2) the composition of the Executive Committee and the procedure for its deliberations shall be as provided for by law.
Again, Article 252 (4): there shall be appointed by the President with the
approval of Parliament, a District Assemblies Common Fund Administrator.From the above, one can conclude that there is no autonomy in the current political and administrative dispensation of the District Assemblies. There is too much Executive (Presidency) control of the District Assemblies that defies the original intention of political autonomy and power of the citizens of various districts; decentralization of local government faux pas!
In order to bring the true meaning of decentralization of local government in Ghana today, this article proposes a local government form that would uphold democratic tenets: Assembly/Council – Manager Form of Government. It would also be non-partisan in nature to allow citizens to elect candidates that they can trust and also perform. Candidates would be elected among individuals who hail from the districts and not necessarily residing in the districts but must be available for monthly assembly meetings.
The appointive powers of the Executive (President) enumerated in 1992 Constitution relative to local government have distorted the original intent of non-partisanship of the politics of local administration. The President who performs the executive functions of the country is also a political leader of his party. No wonder, since 1992, various MCEs/DCEs that have been appointed to administer the assemblies have mirrored the political parties of the president of the ruling party. The Assembly/Council – Manager Form of Government if adopted would register the intent of the non-partisanship of local government that the framers of the constitution
envisioned.
Assembly/Council – Manager Form of Government
In this form of government, a Mayor or District/Municipal/Metropolitan Chief Executive would be elected by universal adult suffrage from the entire district. While there could be no term limitation in their service, Mayors or
District/Municipal/Metropolitan Chief Executives and Assembly members could be elected to serve four-year term. The power of the Mayor is limited to performing ceremonial duties and presiding at assembly/council meetings. His/her ability to act as a policy leaderwould depend on the individual’s personal leadership
skills rather than official power. Other members of the assemblies would be also elected on at-large basis among the rural District assemblies while members from Municipal and Metropolitan assemblies could be elected from each electoral area or combination of both at-large and electoral area.
Assembly and Mayor/DCE/MCE
While the Mayor/DCE/MCE has the responsibility of presiding at meetings of the
Assemblies, the primary functions of the Mayor/MCE/DCE and the Assemblies would
be as follows:
a) adopt budget
b) adopt ordinances
c) appoint Assembly/Council Manager
It is important to note that, under this form of government, rural district
assemblies could be limited to those governmental structures and power
specifically granted by Parliament. However, metropolitan district assemblies
could in addition, be encouraged to enact and adopt ordinances due to their
complex urban settings. This could be compared to the administration of local
government system under General Law and Home Rule Cities in the State of Texas as prescribed by the State Legislature.
Assembly/Council Manager
A professional Assembly/Council Manager who is appointed by the Assemblies would be responsible for the day-to-day management and administration of the Assembly.
He/she would be charged to do the following:
a) appoint department heads
b) supervises assembly bureaucracy
c) prepares budget of the Assembly
The compensation of the Assembly/Council Manager and the department heads would
be determined by the Assembly and would be charged on the District Common Fund.
District/Municipal Common Fund Administrator/Controller
The District/Municipal Common Fund Administrator/Controller would be the custodian of the revenue of the Assembly. Currently, the President appoints the District Common Fund Administrator. Under the proposed form of government, he/she would be appointed by the Assembly. Besides integrity, the Common Fund Administrator must demonstrate high professional excellence and capacity to deliver. His/her responsibilities would include but not limited to the
following:
a) supervision and disbursement of assembly common fund
b) revenue generation through taxation and collection of fees
c) support Assembly budget preparation
Duality in local administration is impeding the effectiveness of
decentralization of local government in Ghana. Government ministries in Accra have officers in all the district assemblies who supervise the work of the
ministries.
Assembly members have to work in tandem with these government officers to execute public projects designed for their districts. But one does not overlook the fact that to paraphrase Ted O’Neil, former House Speaker of US House of Representatives, “all politics are local”. Assembly members must be given the freedom to determine what is good for their districts. The Assembly must supervise the existing departments and if need be create others with appointed heads to run effectively the administration of the districts.
Finally, one can conclude that should decentralization of local government be efficient and effective, district assemblies in the country must be given the freedom to elect officers. Competent candidates, no doubt would be lured to run for offices in the assemblies which would serve as incubators for future political leaders. Public service must be viewed to be a dedicated and honorable
call for individuals who have passion to selflessly work for government.
Source: Kwame Acheampong,