Steps on creation of Districts and District Assemblies

Ghana coat of arms
Ghana coat of arms

The Local Government Service has outlined detailed steps in the Local Governance Act, 2016 on how to create Districts and District Assemblies

According to the Act,

1. For purposes of Local governance, the districts in existence immediately before the commencement of this Act shall continue to exist.

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2. The President may, by Executive Instrument;

(a) declare any area within the country to be a district; and

(b) assign a name to the district.

3. The President shall, in the exercise of the power under paragraph (a) of subsection (2), direct the Electoral Commission to make appropriate recommendations.

4. The Electoral Commission shall, before making recommendations to the President under subsection (3), consider the following factors including

(a) in the case of

(i) a district, that there is a minimum population of seventy-five thousand people;

(ii) a municipality, that there is a minimum of ninety-five thousand people;

(iii) a metropolis, that there is a minimum of two hundred and fifty thousand people; and

(b) the geographical contiguity and economic viability of the area, namely, the ability of an area to provide the basic infrastructural and any other developmental needs from the monetary and any other resources generated in the area.

READ MORE: Local Governance Act, 2016: Local Government Service – Download

Demarcation of areas of authority of sub-district structures

1. The areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees in existence before this Act shall continue to exist.

2. The Electoral Commission may review the areas of authority of the Sub-Metropolitan District Councils, Urban Councils, Town Councils, Area Councils and Unit Committees by Constitutional Instrument after a national population census.

Establishment of District Assembly

1. The Minister shall, by legislative instrument, establish a District Assembly for each district, municipality and metropolis.

2. A District Assembly shall constitute the highest political authority in the district.

3. The Instrument establishing a District Assembly, shall specify

(a) the area of authority of the District Assembly as determined under subsection (2) of section 1

(b) the number of persons to be elected to the District Assembly and the maximum number of persons to be appointed to the District Assembly by the President

(c) the functions, powers and responsibilities of the District Assembly

(d) the place where the principal office of the District Assembly is to be situated; and

(e) other matters that are required by the Act to be included in the Instrument or are consequential or ancillary to it.

4. The Minister shall establish

(a) Sub-Metropolitan District Councils

(b) Urban Councils

(c) Town or Area Councils, and

(d) Unit Committees in respect of the areas of authority of the sub-district structures within the area of authority of the District Assembly demarcated or reviewed in the same legislative instrument that established the District Assembly.

5. The Instrument shall specify

(a) the jurisdiction, membership, functions, powers and responsibilities of the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Committee; and

(b) any other matter connected with the Sub-Metropolitan District Council, Urban Council, Town or Area Council or Unit Committee that may be considered necessary.

Incorporation of District Assembly

1. A District Assembly shall be a body corporate with perpetual succession.

2. For the performance of its functions, a District Assembly may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction.

3. Where there is hindrance to the acquisition of property by a District Assembly, the property may be acquired for the District Assembly under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the District Assembly.

SOURCE: Coverghana.com.gh

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