blog that gives one an update and summary about most Ghanaian laws and any pertinent issue in Ghana and in the world, in effect, all you need to know about the law is at juris. Juris is mainly into legal education. if ignorance of the law is no excuse why don't we educate ourselves about laws that concerns us.
In Ghana, the Electronics Communication Act 775 and the Electronics Transactions Act usually govern internet and ICT and Telecommunications. However with issues concerning purchase of software products and any other ICT, internet and Telecommunications Act products, we have the Sale of Goods Act governing it.
Sale of Goods Act, 1962 (Act 137) general regulates buying and selling of products. Section 55 provides for damages for breach of Condition or Warranty. Thus where software is defective and is in fundamental breach of an obligation or of a condition or warranty, the purchaser, who usually happens to be the End user may sue for breach of contract.
Section 1 of the Sale of Goods Act, 1962 (Act 137) provides for a Contract of Sale. A Contract of Sale of Goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price, consisting wholly or partly of money.
Section 8 of Act 137 provides the fundamental obligation of the seller to include delivery and delivery according to description. Thus if a seller which may or may not be the software developer provides a software that is defective then he or she is in breach of Section 8 of Act 137
Another critical thing to look at with regards to ICT, internet and Telecommunication law in Ghana might have to do with Copyright. Section 1(h) of our Copyright Act protects Computer software and programmes as a work eligible for copyright once it is created by or Citizen or created by a person ordinarily resident in the republic.
Section 9(9) of the Copyright Act provides for an assignment, a licence or a testamentary disposition to be made or granted in respect of an existing work or future work.
A software developer who has the copyright to his software infringed upon would
A person whose copyright is infringed may:
Petition the Minister or Copyright Administrator for the settlement of such dispute by Arbitration.
Institute criminal proceedings against offender who may on conviction be liable to pay a fine not more than one thousand penalty units and not less than five hundred penalty units or a term of imprisonment of not more than three years or both; and in the case of continuing offence to a further fine of not less than twenty-five penalty units and not more than one hundred penalty units for each day during which the offence continues.
Institute proceedings in the high court for an injunction to stop the continuing of infringement. Civil proceedings can also be instituted where there is imminent danger that the work would be infringed to prevent the infringement. Both civil and criminal proceedings can be instituted simultaneously
VEHICLE
Software license
End user Agreement
Terms of Use
Service Level Agreement
Data protection
TELECOMMUNICATION LAW
As at 2010, there were about two fixed line, six mobile companies, 13 satellite providers that had the requisite authority to operate in . Ghana.
Taxes of about 38 per cent imposed on mobile phones has increased the prices of mobile phones.
Value Added Services
Value Added Service (VAS) providers are service providers who offer services which combine applications provided to users with telecommunications, but does not include public electronic communications service. It should be noted that Mobile Network Operators (MNOs), per their licences, also provided these VAS.
Value added services include but not limited to the following; videotext; teletext; tele-action; telecom; tele-alarm; data storage retransmission; teleprocessing and data processing; electronic mail service; voice messaging; text messaging; and any other service classified as value added communications services by the Authority.
A license shall not be required for the establishment or operation of value added services but a provider and an operator of an electronic communications service or network who intends to provide value added services using radio frequency shall apply to the Authority for the right to use the radio frequency for that purpose. Regardless of the fact that a licence is not required for the provision of value added service over the public communications system, a person who intends to provide value added service to the public shall before the commencement of the service apply for registration.
DATA PROTECTION COMMISSION
A Person who processes personal information (processor) and Data Controller must provide the Data Protection Commission with information about (a) who they are; (b) the type(s) of personal data it holds (c) the nature of processing of personal information and how they ensure the protection of such personal information collected or processed (d) their contact person for data protection issues.
Information Technology Companies must therefore register with the Data Protection commission as failure to do so under Section 56 of Act 843 constitutes an offence and makes the person liable on summary conviction to a fine of not more than two hundred and fifty penalty units or a term of imprisonment of not more than two years or to both.
Once a Lawyer was travelling by train from Liverpool to Manchester.
When the train started, he realized he was traveling alone in the business class. A few minutes later, a beautiful lady came and sat in the opposite seat!
The lady kept smiling at him and eventually she sat next to him .... *the lawyer* kept bubbling with Joy.
She then leaned towards him and whispered in his ear ... _"Hand over all your cash, cards and mobile phone to me, else I will shout loudly and tell everybody that you are harassing and misbehaving with me"_ . The Lawyer stared blankly at her!!
He took out a paper and a pen from his bag and wrote " _I am sorry, I can not hear or speak ... Please write on this paper whatever you want to say_"
The lady wrote everything that she had said earlier and gave it back to him!
The Lawyer took her note, kept it nicely in his pocket ... got up and told her in clear tones ...
" _Now SHOUT & SCREAM!!!_ "
Moral of the story:
DOCUMENTATION IS VERY IMPORTANTđ
_If you don't know how to get your dealings documented, you better learn this in 2018. Once your transaction is documented the Law of evidence vindicates you._
Quote for the week: There is an Einstein in all of us; just let it out.
đđžcakes and cheers to a great year of mor opportunities to all of us
Ghana's Election last year was what I would call a scene from a favourite Telenovella or soap series. Many 'buhaha' came out. First was the wahala on the creation of 45 new constituencies, then there was the Ayariga cough and 'yes we cant' or is it 'yes we wont'? Anyway this was followed by the flag bearer of PPP, Papa Kwesi Nduom submitting his tax
document in a News conference in Accra 48 hours to election.
Now the new episode of this soap opera is the contesting of the elections by the opposition NPP in the Supreme Court of Ghana. This has resulted in mixed feelings from the Ghanaian populations. My thoughts are what are the State Security doing to ensure that peace is maintained in the country irrespective of the decision of the court. What are state bodies like the NCCE doing to educate the public about what the court process means for our democracy and the responsibility of Ghanaians to restrain themselves from doing things that would threaten the peace and stability of our country. Recently the was the rally by a group made certain statements though in itself probably innocent alludes to certain things especially certain happenings in our history which was uncalled for.
I believe it is well within the right of the NPP to contest the legitimacy of the elections (eg. not the president) in court. I also believe we must all remain calm, sit down, cross our legs and fingers sip some wine or gulp it whichever way and wait for the outcome of the court's decision.
Recently at a news conference, Mr. Samuel Ofosu Ampofo, the country's minister for local Government and Rural Development anounced that the government was going to place before Parliament for consideration, the appropriate legislative instrument for new districts yet to be created.
Overall, the districts to be created is a total of 42. it would be created accross the country. The government is said to have allocated GHc 40million for the new districts. Also 5 new districts have already been created.
Mr Ampofo during a durbar of chiefs of the Greater Accra Region in Dodowa is siaid to have stated that the creation is to be done after consultations with stakeholder.
The aim of the creation of the new districts is to ensure the effective management and development in the nation.
The breakdown of the distircts in all the ten regions of Ghana are.
Greater Accra.............five
Eastern.....................five
Brong Ahafo..............four
Volta.........................seven
Central Region........... two.
FROM A LEGAL VIEW
Article 45 of the 1992 Constitution of the
Republic of Ghana names the Electoral Commission as the final authority
in the demarcation of constituency boundaries.
Article 47 of the Constitution of the 1992 Constitution provides the
factors to be taken into account in the demarcation of constituency
boundaries. Article 47 (3) of the constitution states that âThe boundaries of
each constituency shall be such that the number of inhabitants in the
constituency is, as nearly as possible, equal to the population quotaâ
to buttress his point. Article
47 (5) states that âThe Electoral Commission shall review the
division of Ghana into constituencies at intervals of not less than
seven years, or within twelve months after the publication of the
enumeration figures after the holding of a census of the population of
Ghana, whichever is earlier, and may, as a result, alter the
constituencies.â
Article 48 of
the Constitution of the 1992 Constitution provides the procedure for
the resolution of grievances, which may arise out of the demarcation of
electoral boundaries.
These some relevant provisions in our constitution to take a look at. The key is to look at it from an objective point of view
The 1992 Constitution of Ghana is the supreme law of
the state. This means that no other law in Ghana would supersede this
document's authority and if any legislation is enacted that conflicts with the
constitution, that legislation would be declared, unconstitutional (Article
1(2)). It is a law of the people and for the people because unlike any of the
legislations in the country, there was a referendum by the people to accept it
into force. It is also from the constitution that the people gain the sword of
the ballot box through the universal adult suffrage to vote some officials like
the president to rule them.
The 1992 Constitution of the Republic of Ghana was
approved on 28 April 1992 through a national referendum
after 92% support and came into effect on January 7, 1993. It declares
Ghana to be a unitary republic with sovereignty residing in the Ghanaian
people. The preamble to the 1992 constitution of Ghana starts with the
following words: âIN THE NAME OF THE ALMIGHTY GOD WE THE PEOPLE OF GHANAâŠâ. This
affirms and presupposes that the government exists to serve the people. Also
Article 1 provides that The Sovereignty of Ghana resides in the people of Ghana
in whose name and for whose welfare the powers of government are to be
exercised in the manner and within the limits laid down in this Constitution. Article
125(1)(3) of the 1992 Ghana Constitution states that âJustice emanates from the
people and shall be administered in the name of the Republic by the Judiciary
which shall be independent and subject only to this Constitution.
The document reflects the lessons drawn from the
abrogated constitutions of 1957, 1960, 1969, and 1979, and it incorporates
provisions and institutions drawn from British and United States constitutional
models and is keenly drawn with the intent of preventing another coup, dictatorial
government, and one party states, it is designed to foster tolerance and the
concept of power-sharing. It also defines the fundamental political principles,
establishing the structure, procedures, powers and duties of the government,
structure of the judiciary and legislature,
and spells out the fundamental rights and duties of citizen.
An important part of the constitution is the Preamble
which explains the purposes of the Constitution, and defines the powers of the
government as originating from the people. It states that:
IN
EXERCISE of our natural and inalienable right to establish a framework of
government which shall secure for ourselves and posterity the blessings of
liberty, equality of opportunity and prosperity;
IN A SPIRIT
of friendship and peace with all peoples of the world;
AND IN SOLEMN
declaration and affirmation of our commitment to;
Freedom, Justice, Probity and Accountability;
The Principle that all powers of Government spring
from the Sovereign Will of the People;
The Principle of Universal Adult Suffrage;
The Rule of Law;
The protection and preservation of Fundamental Human
Rights and Freedoms, Unity and Stability for our Nation;
DO HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
The preamble is sometimes considered to
be the spirit of the constitution.
Another part of much
importance in the constitution is the Articles 1- 3. Article 1 talks about the supremacy
of the constitution and that, any legislation in conflict with the constitution
is deemed unconstitutional. It also talks about the sovereignty of the people
in the state. Article 2 gives a sort of right to bring before the Supreme Court
of Ghana, any enactment or provision in any enactment that is unconstitutional
or any act or omission by any person that is deemed to be unconstitutional.
Article 3 of the Constitution, places a duty on the people to o
defend this Constitution, and in particular, to resist any prison or group of
persons seeking to commit any of the treason or attempts a coup (b) to do all
in their power to restore this Constitution after it has been suspended,
overthrown, or abrogated. It seems to me that the constitution seems to support
civil disobedience and the phrase âall in their powerâ could be seen as
sanctioning violence, because if all in my power includes taking my AK 47 and
recruiting people to resist the acts talked of in Article 3(3), isnât it violence
and am I not within my right in the confines of the constitution?
Also another part to look at is 17(1) which reads, âAll
persons shall be equal before the law.â The
exception to this provision is seen in Article 57 (2) which states that âThe
President shall take precedence over all other persons in Ghana; and in
descending order, the Vice-President, the Speaker of Parliament and the Chief
Justice, shall take precedence over all other persons in Ghana.â Article 57(2)
seems somehow problematic, because it for instance, the president murders, is
he to go scot free. How about if there is a national emergency are they to see
to the safety of the president before that of women and children? If we are to
be equal, how come some people in the country are to take precedence of others.
Maybe in the latter scenario, the rationale would mean that in times of
national emergency, we would need someone to still take care of the
administration of the country and to avoid any conflict of who it should be the
sitting president , the vice president, speaker of parliament and chiefjustice safety should be assured before any
other to prevent any anarchy of any sort.
Article 19(2) of our
constitution provides to the effect that whenever a person is charged with an
offence the punishment of which is death or life imprisonment and the said
offence is neither high treason nor treason then such a person is to be tried
by a judge and jury. Ostensibly, this is to make sure that such a person is
tried by his/her peers with regards to the factual basis of his crime at least
to make sure in the minds of like-minded people that his actions presents the
actions of someone who deserves to be imprisoned for life or to suffer death. The
question one may ask is that, is the jury trial very efficient?
We also have the second
schedule of the constitution which provides for the oaths. An example is the
Oath of Allegiance.
THE OATH OF ALLEGIANCE
I,.........................................................................................................do
(in the name of the Almighty God swear) (solemnly affirm) that I will bear true
faith and allegiance to the Republic of Ghana as by law established; that I
will uphold the sovereignty and integrity of Ghana; and that I will preserve,
protect and defend the Constitution of the Republic of Ghana. (So help me God).
To be sworn
before the President, the Chief Justice or such other person as the President
may designate.
THE
CONSTITUTIONAL REVIEW.
The president of Ghana, His Excellency Prof. John Evans Atta Mills on the 11th
of January 2010, inaugurated a nine (9) member constitution Review commission
(CRC) The Constitution Review Commission (CRC) was set up by a Constitutional
Instrument 2010 (C.I.) 64 as a Commission of Inquiry to conduct a consultative
review of the operation of the 1992 Constitution. The
Commission would operate as a quasi-judicial body for 12 months and not more
than 18 months. It is under the chairmanship of Professor Albert Fiadjoe, an
Emeritus Professor of Law at the University of West Indies. One of its
functions includes the
making of recommendations to the government for consideration and providing a
draft Bill for possible amendment to the 1992 constitution.
·What is the significance of the colours
of the flag?
·Mention and explain two important
articles in the 1992 Constitution.
·What is the Constitution?
·Can the Constitution be changed?
·What do we call a change to the
Constitution?
·How many changes or amendments are
there to the Constitution?
·How many branches are there in our
government?
·What are the three branches of our
government?
·What is the legislative branch of our
government?
·Who is the Chief Justice of the
Supreme Court?
·Who said,
·âthe independence of Ghana is
meaningless unless it is linked with the total liberation of Africaâ
·"Common territory, language and culture
may in fact be present in a nation, but the existence of a nation does not
necessarily imply the presence of all three. Common territory and language
alone may form the basis of a nation. Similarly, common territory plus common
culture may be the basis. In some cases, only one of the three applies. A state
may exist on a multi-national basis. The community of economic life is the
major feature within a nation, and it is the economy which holds together the
people living in a territory. It is on this basis that the new Africans
recognise themselves as potentially one nation, whose domination is the entire
African continent."
·"In the very early days of the
Christian era, long before England had assumed any importance, long even before
her people had united into a nation, our ancestors had attained a great empire,
which lasted until the eleventh century, when it fell before the attacks of the
Moors of the North. At its height that empire stretched from Timbuktu to
Bamako, and even as far as to the Atlantic. It is said that lawyers and
scholars were much respected in that empire and that the inhabitants of Ghana
wore garments of wool, cotton, silk and velvet. There was trade in copper, gold
and textile fabrics, and jewels and weapons of gold and silver were
carried."
·"We shall measure our progress by
the improvement in the health of our people; by the number of children in
school, and by the quality of their education; by the availability of water and
electricity in our towns and villages, and by the happiness which our people
take in being able to manage their own affairs. The welfare of our people is
our chief pride, and it is by this that my Government will ask to be
judged."
·âif you educate a man you educate a
person, if you educate a woman, you educate a whole nation.â
·âWe are not incapable of supporting our
ownâ
·âEducation, particularly higher
education, will take Africa into the mainstream of globalization.â
·âOurs is not a poor country and even
though we are now a poor people, there should be no room for the despondency
that has settled on large sections of the population.â
·How many terms can the President
serve?
·According to the Constitution, a person
must meet certain requirements in order to be eligible to become President.
Name one of these requirements.
·Who selects the Supreme Court
justice?
·Who is the Commander in Chief of the
Ghana military?