By J.K. Nabary, GNA
Winneba (C/R), June 23, GNA – Mr Joe Ghartey, former Attorney-General and Minister of Justice, has called for amendments to Ghana’s Courts Act to formally integrate chiefs into the country’s justice delivery system.
Speaking in an interview with the Ghana News Agency (GNA), Mr Ghartey argued that traditional authorities should be empowered to adjudicate certain categories of disputes, particularly at the community level.
According to him, chiefs already played a significant role in resolving disputes within their communities and should be given legal recognition to perform such functions under the formal judicial framework.
Mr Ghartey, who is also a legal practitioner and former Member of Parliament for Essikado-Ketan in the Western Region, noted that Ghana’s legal system already relied on non-lawyers in some of its most critical judicial processes.
He questioned why chiefs were largely restricted to handling chieftaincy-related disputes when other non-lawyers were entrusted with significant judicial responsibilities.
“We must carefully consider what powers can be assigned to chiefs and the types of matters they can determine.
“If ordinary citizens who are not lawyers can serve on juries and decide the fate of persons accused of serious crimes such as murder, then chiefs should also be entrusted with authority to resolve issues such as environmental and other community-related disputes,” he insisted.
He acknowledged concerns about provisions in the Chieftaincy Act that limited the powers of chiefs, particularly their inability to compel individuals to appear before them or enforce certain decisions.
However, he argued that repealing the Chieftaincy Act was unnecessary.
Instead, he proposed amending the Courts Act to formally recognise chiefs as part of the judicial structure and grant them jurisdiction over simple community disputes, subject to the supervision and authority of the formal courts.
Mr Ghartey maintained that chiefs already mediated and settled disputes on a daily basis and that formalising their role would enhance access to justice and ease pressure on the courts.
“Chiefs are already assisting in the administration of justice, whether we acknowledge it or not. They regularly summon parties and help resolve disputes. It is time to formalise that role within our legal framework,” he stressed.
He therefore called on researchers, policymakers, the National House of Chiefs, and other stakeholders to initiate discussions and develop proposals that would make the integration of chiefs into the justice system a reality.
GNA
Edited by Alice Tettey/Kenneth Odeng Adade
