Commission on Human Rights and Administrative Justice Act, 1993 Act 456

COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE ACT,
1993 (ACT 456)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT OF COMMISSION ON HUMAN RIGHTS AND
ADMINISTRATIVE JUSTICE.
1. Establishment of the Commission.
2. Composition of the Commission.
3. Qualification of Commissioners.
4. Terms and Conditions of Service of Commissioners.
5. Removal of Commissioners.
6. Independence of Commission and Commissioners.
PART II—FUNCTIONS OF THE COMMISSION
7. Functions of the Commission.
8. Special Powers of Investigation.
9. Initiation of Legal Proceedings.
10. Regional and District Branches of Commission.
11. Functions of Regional and District Representative of Commission.
PART III—PROVISIONS RELATING TO COMPLAINTS AND INVESTIGATIONS
12. Provisions Relating to Complaints.
13. Refusal to Investigate.
14. Procedure in Respect of Investigations.
15. Evidence at Investigations.
16. Production of Official Documents.
17. Maintenance of Secrecy.
PART IV—PROCEDURE AFTER INVESTIGATION BY THE COMMISSION
18. Procedure after Investigations.
19. Reports of Commissioner.
PART V—MISCELLANEOUS PROVISIONS
20. Appointment of Staff.
21. Expenses of Commission Charged on Consolidated Fund.
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ons.
19. Reports of Commissioner.
PART V—MISCELLANEOUS PROVISIONS
20. Appointment of Staff.
21. Expenses of Commission Charged on Consolidated Fund.
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22. Proceedings Privileged.
23. Entry of Premises.
24. Offences and Penalties.
25. Provisions of this Act to be in Addition to Provisions of any other Law.
26. Regulations.
27. Interpretation.
28. Repeal and Saving.
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Penalties.
25. Provisions of this Act to be in Addition to Provisions of any other Law.
26. Regulations.
27. Interpretation.
28. Repeal and Saving.
2

ACT 456
REPUBLIC OF GHANA
THE FOUR HUNDRED AND FIFTY-SIXTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE
ACT, 1993
AN ACT to establish a Commission on Human Rights and Administrative Justice to
investigate complaints of violations of fundamental human rights and freedoms, injustice and
corruption; abuse of power and unfair treatment of persons by public officers in the exercise
of their duties, with power to seek remedy in respect of such acts or omissions and to provide
for other related purposes. DATE OF ASSENT: 6TH JULY, 1993
BE IT ENACTED by Parliament as follows^
PART I— ESTABLISHMENT OF COMMISSION ON HUMAN RIGHTS AND
ADMINISTRATIVE JUSTICE. Section 1—Establishment of the Commission. There is established by this Act a body to be known as the Commission on Human Rights and
Administrative Justice in this Act referred to as "the Commission". Section 2—Composition of the Commission.

own as the Commission on Human Rights and
Administrative Justice in this Act referred to as "the Commission". Section 2—Composition of the Commission.

(1) The Commission shall consist of
(a) a Commissioner for Human Rights and Administrative Justice in this Act referred to as
"the Commissioner"; and
(b) two Deputy Commissioners for Human Rights and Administrative Justice, in this Act
referred to as "the Deputy Commissioners". (2) The President shall, acting in consultation with the Council of State appoint the
Commissioner and the Deputy Commissioners. 3

uty Commissioners". (2) The President shall, acting in consultation with the Council of State appoint the
Commissioner and the Deputy Commissioners. 3

Section 3—Qualification of Commissioners. (1) A person shall not be qualified for appointment as a Commissioner or a Deputy
Commissioner for Human Rights and Administrative Justice, unless he is34
(a) in the case of the Commissioner, qualified for appointment as a Justice of the Court of
Appeal; and
(b) in the case of a Deputy Commissioner, qualified for appointment as a Justice of the High
Court. (2) The Commissioner and Deputy Commissioners shall not while holding office as
Commissioners hold any other public office. Section 4—Terms and Conditions of Service of Commissioners. (1) The Commissioner and Deputy Commissioners shall enjoy the terms and conditions of
service of a Justice of the Court of Appeal and High Court respectively. (2) The Commissioner and Deputy Commissioners shall cease to hold office upon attaining
the ages of seventy and sixty-five years respectively.

tively. (2) The Commissioner and Deputy Commissioners shall cease to hold office upon attaining
the ages of seventy and sixty-five years respectively.

(3) Where the Commissioner or a Deputy Commissioner dies, resigns or is removed from
office or is for any other reason unable to perform the functions of his office, the President
shall, acting in consultation with the Council of State, appoint a person qualified to be
appointed Commissioner or Deputy Commissioner to perform those functions until the
appointment of a new Commissioner or Deputy Commissioner. Section 5—Removal of Commissioners. The procedure for the removal of the Commissioner and Deputy Commissioners shall be the
same as that provided for the removal of a Justice of the Court of Appeal and a Justice of the
High Court respectively under article 146 of the Constitution. Section 6—Independence of Commission and Commissioners. Except as provided by the Constitution or by any other law not inconsistent with the
Constitution, the Commission and the Commissioners shall, in the performance of their
functions not be subject to the direction or control of any person or authority. PART II—FUNCTIONS OF THE COMMISSION
Section 7—Functions of the Commission.

ions not be subject to the direction or control of any person or authority. PART II—FUNCTIONS OF THE COMMISSION
Section 7—Functions of the Commission.

The functions of the Commission are%
(a) to investigate complaints of violations of fundamental rights and freedoms, injustice,
corruption, abuse of power and unfair treatment of any person by a public officer in the
exercise of his official duties;
(b) to investigate complaints concerning the functioning of the Public Services Commission,
the administrative organs of the State, the offices of the Regional Co-ordinating Council and
the District Assembly, the Armed Forces, the Police Service and the Prisons Service in so far
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the offices of the Regional Co-ordinating Council and
the District Assembly, the Armed Forces, the Police Service and the Prisons Service in so far
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as the complaints relate to the failure to achieve a balanced structuring of those services or
fair administration in relation to those services;
(c) to investigate complaints concerning practices and actions by persons, private enterprises
and other institutions where those complaints allege violations of fundamental rights and
freedoms under the Constitution;
(d) to take appropriate action to call for the remedying, correction and reversal of instances
specified in paragraphs (a), (b) and (c) of this subsection through such means as are fair,
proper and effective, including^
(i) negotiation and compromise between the parties concerned;
(ii) causing the complaint and its finding on it to be reported to the superior of an offending
person;
(iii) bringing proceedings in a competent court for a remedy to secure the termination of the
offending action or conduct, or the abandonment or alteration of the offending procedures;
and
(iv) bringing proceedings to restrain the enforcement of such legislation or regulation by
challenging its validity if the offending action or conduct is sought to be justified by
subordinate legislation or regulation which is unreasonable or otherwise ultra vires;
(e) to investigate allegations that a public officer has contravened or has not complied with a
provision of Chapter Twenty-four (Code of Conduct for Public Officers) of the Constitution;
(f) to investigate all instances of alleged or suspected corruption and the misappropriate steps,
including reports to the Attorney-General and the Auditor-General, resulting from such
investigation;
(g) to educate the public as to human rights and freedoms by such means as the
Commissioner may decide, including publications, lectures and symposia; and
(h) to report annually to Parliament on the performance of its functions.

Commissioner may decide, including publications, lectures and symposia; and
(h) to report annually to Parliament on the performance of its functions.

(2) All costs and expenses related to investigations conducted by the Commission into a
complaint shall be borne by the Commission. Section 8—Special Powers of Investigation. (1) The Commission shall for the purposes of performing its functions under this Act, have
power
(a) to issue subpoenas requiring the attendance of any person before the Commission and the
production of any document or record relevant to any investigation by the Commission;
(b) to cause any person contemptuous of any such subpoena to be prosecuted before a
competent court;
(c) to question any person in respect of any subject matter under investigation before the
Commission;
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na to be prosecuted before a
competent court;
(c) to question any person in respect of any subject matter under investigation before the
Commission;
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(d) to require any person to disclose truthfully and frankly any information within his
knowledge relevant to any investigation by the Commissioner. (2) The Commissioner shall not investigated
(a) a matter which is pending before a court or judicial tribunal; or
(b) a matter involving the relations or dealings between the Government and any other
Government or an international organisation; or
(c) a matter relating to the exercise of the prerogative of mercy. Section 9—Initiation of Legal Proceedings. For the purposes of performing his functions under the Constitution, this Act and any other
law, the Commissioner may bring an action before any court in Ghana and may seek any
remedy which may be available from that court. Section 10—Regional and District Branches of Commission. (1) There shall be established in each Region and District of Ghana Regional and District
branches respectively of the Commission. (2) There shall be appointed by the Commission an officer who shall be the head of a
Regional or District branch of the Commission. (3) The Commission may create such other lower structures as would facilitate its operations.

head of a
Regional or District branch of the Commission. (3) The Commission may create such other lower structures as would facilitate its operations.

Section 11—Functions of Regional and District Representative of Commission. (1) A representative of the Commission in a Regional or District office of the Commission
shalld
(a) receive complaints from the public in the Region or District;
(b) make such on-the-spot investigation as may be necessary; and
(c) discharge any other duties relating to the functions of the Commission that may be
assigned to him by the Commissioner. PART III—PROVISIONS RELATING TO COMPLAINTS AND INVESTIGATIONS
Section 12—Provisions Relating to Complaints. (1) A complaint to the Commission shall be made in writing or orally to the national offices
of the Commission or to a representative of the Commission in the Regional or District
branch. (2) Where a complaint is made in writing it shall be signed by the complainant or his agent. (3) Where a complaint is made orally, the person to whom the complaint is made shall
reduce the complaint into writing and shall append his signature and the signature or
thumbprint of the complainant. (4) Notwithstanding any law to the contrary, where a letter written by
(a) a person in custody; or
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d the signature or
thumbprint of the complainant. (4) Notwithstanding any law to the contrary, where a letter written by
(a) a person in custody; or
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(b) a patient in a hospital, is addressed to the Commission, it shall be immediately forwarded,
unopened and unaltered to the Commission by the person for the time being in charge of the
place or institution where the writer of the letter is detained or of which he is a patient. (5) A complaint under this Act may be made by any individual or a body of persons whether
corporate or unincorporated. (6) Where a person by whom a complaint might have been made under this Act has died or
is for any sufficient reason unable to act for himself, the complaint may be made by his
personal representative or by a member of his family or other individual suitable to represent
him. Section 13—Refusal to Investigate. (1) Where in the course of the investigation of any complaint it appears to the Commission^
(a) that under the law or existing administrative practice there is adequate remedy for the
complaint, whether or not the complainant has availed himself of it; or
(b) that having regard to all the circumstances of the case, any further investigation is
unnecessary, it may refuse to investigate the matter further.

b) that having regard to all the circumstances of the case, any further investigation is
unnecessary, it may refuse to investigate the matter further.

(2) The Commission may refuse to investigate or cease to investigate any complaint%
(a) if the complaint relates to a decision, recommendation, act or omission of which the
complainant has had knowledge for more than twelve months before the complaint is
received by the Commission; or
(b) if the Commission considers that%
(i) the subject matter of the complaint is trivial;
(ii) the complaint is frivolous or vexatious or is not made in good faith; or
(iii) the complainant does not have sufficient personal interest in the subject matter of the
complaint. (3) Notwithstanding subsection (2) of this section, if within six months after the
Commission's refusal or ceasing to investigate any complaint under this section, fresh
evidence in favour of the complainant becomes available, the Commission shall, at the
request of the complainant, re-open the case. (4) Where the Commission decides not to investigate or to cease to investigate a complaint, it
shall within 30 days of the decision inform the complainant of its decision and the reasons for
so refusing. Section 14—Procedure in Respect of Investigations.

hin 30 days of the decision inform the complainant of its decision and the reasons for
so refusing. Section 14—Procedure in Respect of Investigations.

(1) Where the Commission decides to conduct an investigation under this Act, it shall give
the authority or person concerned and to any other person who is alleged in the complaint to
have taken or authorised the act or omission complained of, an opportunity to comment on
any allegations contained in the complaint and the representative of the authority or person
concerned shall submit his comments within such time as the Commission may specify. 7

the complaint and the representative of the authority or person
concerned shall submit his comments within such time as the Commission may specify. 7

(2) The public may be excluded from investigations conducted by the Commission. (3) Without prejudice to the generality of the provisions of this section, the Commission may
obtain information from such persons and in such manner, and make such inquiries as it
considers necessary. (4) The Commission may pay to a person by whom a complaint is made and to any other
person who attends and furnishes information for the purposes of an investigation under this
Act
(a) sums in respect of expenses properly incurred by them; and
(b) allowances by way of compensation for the loss of their time, in accordance with such
scales and subject to such conditions as may be determined by the Commission having regard
to the rates for the time being applicable to the courts. Section 15—Evidence at Investigations. (1) Subject to this section the Commission may require any person who, in its opinion, is able
to give any information relating to a matter being investigated by the Commission—
(a) to furnish the information to it;
(b) to produce any document, paper or thing that in its opinion relates to the matter being
investigated and which may be in the possession or control of that person.

ny document, paper or thing that in its opinion relates to the matter being
investigated and which may be in the possession or control of that person.

(2) The Commission may summon before it and examine on oath or affirmation%
(a) a person required to give information or produce anything under subsection (1) of this
section;
(b) a complainant;
(c) any other person who the Commission considers will be able to give information required
under subsection (1) of this section. (3) Subject to subsection (4) of this section, a person who is bound by law to maintain
secrecy in relation to, or not to disclose, any matter may not
(a) supply information to or answer a question put by the Commission in relation to that
matter; or
(b) produce to the Commission a document, paper or thing relating to it, if compliance with
that requirement would be in breach of the obligation of secrecy or non-disclosure. (4) A person to whom subsection (3) of this section applies may be required by the
Commission to supply information or answer a question or produce a document, paper or
thing that relates to a matter under investigation; and subject to section 16 of this Act, it shall
be the duty of that person to comply with the requirement.

at relates to a matter under investigation; and subject to section 16 of this Act, it shall
be the duty of that person to comply with the requirement.

(5) A witness before the Commission shall be entitled to the same privileges to which he
would have been entitled if he were a witness before the High Court. (6) No person shall be liable to prosecution for an offence under any enactment by reason of
his compliance with a requirement of the Commission under this section. 8

all be liable to prosecution for an offence under any enactment by reason of
his compliance with a requirement of the Commission under this section. 8

Section 16—Production of Official Documents. Article 135 of the Constitution which relates to production of official documents in court
shall apply to proceedings before the Commission as it applies to proceedings before a court. Section 17—Maintenance of Secrecy. (1) The Commissioner or a Deputy Commissioner and every person holding an office or
appointment under the Commission shall maintain secrecy in respect of all matters that come
to their knowledge in the exercise of their functions. (2) Every person holding office or appointment under the Commission who is likely to have
access to confidential information of the Commission shall before proceeding to carry out his
functions under this Act, take and subscribe to the Oath of Secrecy set out in the Second
Schedule to the Constitution. (3) The Commission shall determine the category of persons to whom subsection (2) of this
section shall apply. PART IV—PROCEDURE AFTER INVESTIGATION BY THE COMMISSION
Section 18—Procedure after Investigations.

to whom subsection (2) of this
section shall apply. PART IV—PROCEDURE AFTER INVESTIGATION BY THE COMMISSION
Section 18—Procedure after Investigations.

(1) Where after making an investigation under this Act, the Commission is of the view that
the decision, recommendation, act or omission that was the subject matter of the
investigation
(a) amounts to a breach of any of the fundamental rights and freedoms provided in the
Constitution; or
(b) appears to have been contrary to law; or
(c) was unreasonable, unjust, oppressive discriminatory or was in accordance with a rule of
law or a provision of any Act or a practice that is unreasonable, unjust, oppressive, or
discriminatory; or
(d) was based wholly or partly on a mistake of law or fact; or
(e) was based on irrelevant grounds or made for an improper purpose; or
(f) was made in the exercise of a discretionary power and reasons should have been given for
the decision, the Commission shall report its decision and the reasons for it to the appropriate
person, Minister, department or authority concerned and shall make such recommendations
as it thinks fit and the Commission shall submit a copy of its report and recommendations to
the compliant.

cerned and shall make such recommendations
as it thinks fit and the Commission shall submit a copy of its report and recommendations to
the compliant.

(2) If within three months after the report is made no action is taken which seems to the
Commission to be adequate and appropriate, the Commissioner, may after considering the
comments, if any, made by or on behalf of the department, authority or person against whom
the complaint was made, bring an action before any court and seek such remedy as may be
appropriate for the enforcement of the recommendations of the Commission. Section 19—Reports of Commissioner. 9

y court and seek such remedy as may be
appropriate for the enforcement of the recommendations of the Commission. Section 19—Reports of Commissioner. 9

(1) The Commissioner shall, annually submit a report to Parliament which shall include a
summary of the matters investigated, and the action taken on them by the Commission during
the preceding year. (2) Parliament may debate the report of the Commission and may pass such resolution as it
considers fit. (3) A resolution of Parliament shall not alter a decision made by a court on a matter instituted
before the court by the Commissioner. (4) The Commissioner may, in the public interest or in the interest of any person or
department or any other authority, publish reports relating
(a) generally to the exercise of the functions of the Commission under this Act; or
(b) to any particular case investigated by the Commission whether or not the matters in the
report have been the subject of a report to Parliament. PART V—MISCELLANEOUS PROVISIONS
Section 20—Appointment of Staff. The appointment of officers and other employees of the Commission shall be made by the
Commission acting in consultation with the Public Services Commission. Section 21—Expenses of Commission Charged on Consolidated Fund.

be made by the
Commission acting in consultation with the Public Services Commission. Section 21—Expenses of Commission Charged on Consolidated Fund.

The administrative expenses of the Commission including all salaries, allowances and
pensions payable to or in respect of, persons serving with the Commission are charged on the
Consolidated Fund. Section 22—Proceedings Privileged. (1) Subject to the supervisory jurisdiction of the Supreme Court, no proceedings shall lie
against the Commission or against any person holding an office or appointment under the
Commission for anything done, reported or said by him in the course of the exercise or
intended exercise of his functions under this Act, unless it is shown that he acted in bad faith. (2) Anything said, any information supplied, or any document, paper or thing produced by
any person in the course of an inquiry by or proceedings before the Commission under this
Act is privileged in the same manner as if the inquiry or proceedings were proceedings in a
court. (3) For the purposes of the rules of law relating to defamation any report made by the
Commission under this Act shall be privileged, and a fair and accurate report on it in a
newspaper or a broadcast shall also be privileged. Section 23—Entry of Premises.

is Act shall be privileged, and a fair and accurate report on it in a
newspaper or a broadcast shall also be privileged. Section 23—Entry of Premises.

For the purposes of this Act, the Commissioner or any public officer authorised by him, may
at any time enter any premises occupied by a department, authority or a person to whose act
or omission this Act applies and inspect the premises and, subject to sections 16 and 17 of
this Act carry out on the premises any investigation that is within the jurisdiction of the
Commission. 10

mises and, subject to sections 16 and 17 of
this Act carry out on the premises any investigation that is within the jurisdiction of the
Commission. 10

Section 24—Offences and Penalties. Any person who34
(a) without lawful justification or excuse, wilfully obstruct, hinders or resists a member of the
Commission or an officer authorised by the Commissioner in the exercise of any powers
under this Act; or
(b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful
request of the Commissioner or a Deputy Commissioner or any other person under this Act;
or
(c) wilfully makes any false statement to or misleads or attempts to mislead the
Commissioner or any other person in the exercise of his functions under this Act,
commits an offence and is liable on summary conviction to a fine not exceeding 0500,000.00
and in default of payment to imprisonment for a term not exceeding six months or to both. Section 25—Provisions of this Act to be in Addition to Provisions of any other Law.

nt to imprisonment for a term not exceeding six months or to both. Section 25—Provisions of this Act to be in Addition to Provisions of any other Law.

The provisions of this Act are in addition to the provisions of any other Act or any rule of law
under which%
(a) a remedy or right of appeal or objection is provided for any person; or
(b) any procedure is provided for the inquiry into or investigation of any matter, and nothing
in this Act shall be taken to limit or affect a remedy or right of appeal or objection or
procedure. Section 26—Regulations. (1) Subject to the provisions of the Constitution and to any Act of Parliament made under the
Constitution, the Commission shall make, by constitutional instrument, regulations regarding
the manner and procedure for bringing complaints before it and the investigation of such
complaints. (2) The exercise of the power to make regulations may be signified under the hand of the
Commissioner or in his absence, a Deputy Commissioner. Section 27—Interpretation.

the power to make regulations may be signified under the hand of the
Commissioner or in his absence, a Deputy Commissioner. Section 27—Interpretation.

In this Act a reference to a member of a complainant's family means%
(a) in the case of a person belonging to a family based on the paternal system—mother,
father, wife, son, daughter, brother, sister, father's brother, father's father, father's brother's
son, and brother's son;
(b) in the case of a person belonging to a family based on the maternal system—mother,
father, wife, son, daughter, brother, sister, mother's mother, mother's brother, mother's sister,
sister's son, sister's daughter, mother's sister's son and mother's sister's daughter". Section 28—Repeal and Saving. (1) The Ombudsman Act, 1980 (Act 400) is repealed. 11

(2) Notwithstanding the repeal of the Ombudsman Act, 1980 (Act 400)34
(a) any regulation made under it and in force on the coming into force of this Act shall until
altered, amended or revoked, continue in force and shall be applied with such modifications
as may be necessary for giving effect to the provisions of this Act; and
(b) any complaint pending before the Ombudsman immediately before the coming into force
of this Act may be proceeded with under, and shall be subject to the provisions of, this Act.
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