UGBS 105 Introduction to Public Administration
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1 UGBS 105 Introduction to Public Administration Session 7 The Public Administration System in Ghana: Part 2 Lecturer: Contact Information: dappiah@ug.edu.gh College of Education School of Continuing and Distance Education 2014/ /2017
2 Session 7 The Public Administration System in Ghana: Part 2
3 Learning Objectives At the end of the session, you should be able to understand: The organizational structure of Ghana s post-colonial public administration system The relationship between the key components of Ghana s system: The Executive, the Legislature, the Public Service, and the Civil Service The problem of reconciling Chieftaincy administration and Public Administration in Ghana
4 Public Administration in British Colonial Ghana: Antecedent to British colonial rule over Ghana in 1821, the Public Administration system was controlled by Chiefs exercising Executive, Legislative, and judicial functions The failure of the British Government to use military force to supersede the chieftaincy institutions of the existing Native States led to a negotiated political settlement over the creation of a colonial state in which British officers and chiefs shared sovereign state authority over Territorial Administration Chiefs and non-chief native educated elites were gradually incorporated into the national Executive and Legislative branches of state administration; but the Chiefs were gradually kicked out after internal self-government Chieftaincy institutions were transformed into a system of local government until they were gradually kicked out after 1951
5 The Structure of Public Administration in Ghana: 1957 the 4 th Republic We shall look at the structure of Ghana s post-colonial public administration system after the Chiefs and British colonial officials handed over the Executive reigns of Government to mainly non-chief educated elites
6 Legal Framework of Public Administration in Ghana under the Fourth Republic Article 11 of the 1992 Constitution of Ghana lists the hierarchy and sources of law that governs Public Administration in Ghana as follows: The 1992 constitution Enactments made by or under the authority of Parliament Any Orders, Rules and Regulations made by any person or authority under a power conferred by this constitution. Subsidiary legislation comprises: Constitutional instruments, Legislative instruments, Executive instruments, instruments of a judicial character, bylaws, notices, and statutes, existing law, and common law The Common law: Comprising the rules of law generally known as the common law, doctrine of equity, and the rules of customary law The rules of customary law means the written and unwritten rules of law which by custom are applicable to particular communities in Ghana, including those determined by the Superior Court of Judicature
7 The Actors of Public Administration in Ghana Under the 4 th Republic: Since 1992 Article 190 (1) of the of the 1992 Constitution states that the public services of Ghana shall include: The Civil Service The Judicial Service The Audit Service The Education Service The Parliamentary Service The Health Service The Statistical Service The National Fire Service The customs, Excise and Preventive service The Internal Revenue Service The police Service The Immigration Service The Legal Service, Public Corporations Public Services established by the Constitution and Parliament
8 Organizational Structure of Public Administration in Ghana under the 4 th Republic. The President (Executive) The Judiciary: A hierarchy of Courts Parliament (Legislature) National House of Chiefs Semi-autonomous Agencies (e.g. EC, CHRAJ, NDPC, Audit Service) Sector Ministries (Interior, Local Gov t, Agriculture, Finance, etc.) 10 Regional Coordinating Councils 170 District Assemblies 10 Regional Houses of Chiefs 173 Traditional Councils of Chiefs
9 The Structure of Public Administration in Ghana: 1957 the 4 th Republic The organizational structure of Public Administration in Ghana has not changed significantly since 1957, although the Executive branch has taken diverse shapes under eleven (11) Civilian Governments and six (6) Military Governments In the period immediately after independence in 1957 to the mid 1970s, the Civil Service of Ghana s Public Administration system was described as the finest, most relevant and performance-oriented institution in Africa, but in the post-1970s it has been described as a moribund paper-pushing institution (Ayee, 2001:2) The nature and functions of the president, sector Ministries, Judiciary, Parliament, Regional Coordinating Councils, District Assemblies, and Houses of Chiefs under the 1992 fourth republican constitution are discussed in turn
10 The President (The Executive) Constitutional multi-party democracy: The President is directly elected by Citizens through universal adult suffrage in multi-party elections to serve a maximum tenure of two (2) terms of four (4) years per term The President of the Republic of Ghana is the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of Ghana The President is vested with Executive authority to appoint his Executive team of Cabinet Members, Ministers of Sector Ministries, other Ministers of State, the Heads of almost all State agencies, as well as create new Ministries, Departments, and Agencies to administer public affairs The President has the final authority to assent to or reject all bills of formal-legal public policy made by Parliament
11 Parliament (The Legislature) A partisan rubber stamp used by the Executive? Ghana currently has a legislature or Parliament with 275 single-constituency members directly elected by citizens in multi-party elections. Parliament is vested with the legislative power to make laws and other public policies Parliament does not have the authority to independently enact public policy with financial implications. Such policies are the reserve of the President Parliament is also prevented from discussing a bill affecting the institution of chieftaincy without prior reference to the National House of Chiefs
12 Public Sector Ministries A Ministry is the highest organization for the respective sector which was created to serve (e.g. Agriculture, finance). The fourth republic of Ghana started with 27 Ministries, but many of them have been re-organized and new ones created The political head of a Ministry is the Minister and the bureaucratic head is called the Chief Director, both appointed by the President A Ministry is organized into four main divisions, namely; (1) General Administration and Finance Division, (2) Planning, Budgeting, Co-ordination, Monitoring, and Evaluation Division; (3) Training and Human Resources Development Division; and (4) Research, Statistics, Public Relations and Information Division The sector Ministries perform the following general functions: (i) Initiate and formulate policies; (ii) undertake development planning; (iii) co-ordinate, monitor and evaluate the efficiency and effectiveness of the performance of the sector
13 Public Administration Personnel Management in Ghana The recruitment, promotion, and welfare of Public Administration personnel in Ghana are managed by diverse agencies including: The Head of the Civil Service The Public Services Commission The Ghana Health Service The Local Government Service The Legal Service The Parliamentary Service, etc.
14 Public Administration Reforms in Ghana Numerous Commissions and Committees of enquiry have been established at different times to investigate the problems affecting effective and efficient Public Administration in Ghana. Many reforms have also been implemented aimed at strengthening the public service to deliver efficient and effective services to the people It seems that the post-1970s Public Administration system is yet to return to its best days in the late colonial era and the post-colonial period prior to the 1970s Comparative historical research is required to understand the reasons for, and solutions to, the decay of Ghana s post-colonial Public Administration system
15 Conclusion: The Public Administration System of Ghana Covers all Agencies within the State 15
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