Registration of traditional authorities
A peaceful environment is obviously a springboard for the attainment of a nation’s development. In contributing to Ghana’s development agenda, as well as ensuring a sustainable and peaceful environment, it is important to examine the subject of registration or Gazetting of Chiefs or traditional authorities.
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Relevant clauses on subject matter
Section 57 (1) of the Chieftaincy Act 2008, Act 759 defines a chief as “a person who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.” In spite of this provision, Section 57 (5) of the same Act stipulates that a person shall not be considered to be a chief for the performance of a function under this Act or any other enactment unless that person has been registered for the performance of that function in the National Register of Chiefs. This provision emphasises the importance of the registration of chiefs in relation to the performance of their statutory functions.
The National Register of Chiefs that is supposed to contain names of all chiefs in Ghana is maintained by the National House of Chiefs as per section 59 (1) of the Chieftaincy Act.
The registration of traditional authorities is a process which begins at the Traditional Council through the Regional House of Chiefs and ends at the National House of Chiefs. Chieftaincy Declaration (CD) Forms 1A and 1B, as well as a curriculum vitae (CV), is completed by the chief and submitted at the Traditional Council to be vetted/processed.
The forms, together with the minutes of the traditional council meeting, are then forwarded to the Regional House of Chiefs concerned for further examination.
If approved at the Research and Standing Committees’ meeting and, of course, by the full house at a general meeting, the Registrar (Administrative Officer) of the Regional House will complete CD Form 2, add it to the approved CD forms, attach a copy of the minutes of the Regional House meeting and forward it to the National House of Chiefs.
The research and standing committees of the National House of Chiefs will take turns to scrutinise the CD forms and all other attached documents before presenting them to the full house for final approval. Once approval is given, the name of the chief concerned is recorded in the National Register of Chiefs as per Section 59 (2) of the Chieftaincy Act.
Benefits
Apart from the fact that Gazetting of Chiefs is a requirement by Law, and as such must be complied with, there are other benefits derived from this all important exercise.
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To begin with, it legitimises the position and authority of a person as a chief, and thereby reduces or quells possible attempts by other candidates to lay claim to the stool/skin.
Again, it empowers the chief to perform statutory functions, i.e. sitting at committee meetings of traditional councils and houses of chiefs.
It also helps individuals and institutions to know which traditional authority to turn to, or the rightful person to deal with for business transactions within a locality or traditional area. Again, it makes it easier for individuals, private and state institutions/organisations to identify authentic traditional authorities for the purposes of events, programmes, state functions etc.
Furthermore, it enables the government to appoint such chiefs to positions of trust, i.e. to serve on statutory boards, etc.
Conclusion
In view of the above, my humble appeal to our noble chiefs is that they should take steps to have their names entered in the National Register of Chiefs.
And to individuals, private and state institutions/organisations, it is very important to deal with traditional authorities whose particulars are recorded in the National Register of Chiefs. Section 59 (6) (b) of the Chieftaincy Act 2008, Act 759, has it that a person is entitled on the payment of a fee to be supplied with an extract of the contents of the National Register of Chiefs or part of that register duly certified by the registrar of the National House of Chiefs. This provides all with the opportunity to consult the register for clarification or confirmation.
There is no doubt that if we all do due diligence in respect of this subject matter, we will be contributing to the tranquil atmosphere that this nation has enjoyed over the years.
The writer is an Assistant Research Officer at the Ministry of Chieftaincy and Traditional Affairs.