Table of Contents - Office of the Attorney-General & Ministry of …mojagd.gov.gh/sites/default/files/public/Justice Sector... · 2016-12-23 · Table of Contents LIST OF ACRONYMS

Legal Service & Justice Sector Reform (Training Needs Assessment) Page i

Table of Contents LIST OF ACRONYMS AND ABBREVIATIONS .................................................................................................. iii

EXECUTIVE SUMMARY ................................................................................................................................. iv

SECTION 1: BACKGROUND AND INTRODUCTION TO ASSESSMENT ............................................................. 1

1.1 Introduction ........................................................................................................................................ 1

1.2 Background to the Assessment ........................................................................................................... 1

1.2.1 Objective of the Assignment ........................................................................................................ 2

1.2.2 Scope of the Assignment ............................................................................................................. 2

1.2.3 Methodology and Sampling ......................................................................................................... 3

1.2.4 Limitations .................................................................................................................................... 5

SECTION 2: REVIEW OF INSTITUTIONAL MANDATES AND SKILL REQUIREMENTS ....................................... 6

2.1 Ministry of Justice ............................................................................................................................... 6

2.1.1 Legal Framework .......................................................................................................................... 6

2.1.2 Summary of Findings .................................................................................................................... 7

2.2 Legal Service ........................................................................................................................................ 9

2.2.1 Legal Framework ........................................................................................................................ 10

2.2.2 Summary of Findings .................................................................................................................. 10

2.3 Legal Service Civil Division ................................................................................................................ 13


2.4 Legal Service Legislative Drafting Division of the Attorney Generals Department .......................... 17


2.5 Law Reform Commission .................................................................................................................. 20

2.5.1 Legal Framework ........................................................................................................................ 20


2.6 Council for Law Reporting ................................................................................................................. 23

2.6.1 Legal Framework ........................................................................................................................ 24


SECTION 3: JOB AND TASK ANALYSIS OF STAFF .......................................................................................... 28

3.1 Ministry of Justice ............................................................................................................................. 28

3.1.1 Human Resource Capacity Required .......................................................................................... 28

Legal Service & Justice Sector Reform (Training Needs Assessment) Page ii

3.1.2 Existing Human Resource Capacity ............................................................................................ 30

3.1.3 Recommendations ..................................................................................................................... 30

3.2 Legal Service Civil Division of the Attorney Generals Department ................................................... 31




3.3 Legal Service Legislative Drafting of the Attorney Generals Department ........................................ 33




3.4 Law Reform Commission .................................................................................................................. 34




3.5 Council for Law Reporting ................................................................................................................. 36


3.5.2 Existing Human Resources Capacity .......................................................................................... 37


SECTION 4: CONCLUSIONS AND RECOMMENDATIONS .............................................................................. 39

APPENDICES ................................................................................................................................................ 41

Appendix 1: Summary Review of Institutional Mandate ........................................................................ 42

Appendix 2: Summary Findings of Human Resource Gaps ..................................................................... 50

Appendix 3: References .......................................................................................................................... 60

Legal Service & Justice Sector Reform (Training Needs Assessment) Page iii

LIST OF ACRONYMS AND ABBREVIATIONS

ACT - Act of Parliament

CA - Chartered Accountant

CLR - Council for Law Reporting

F&A - Finance and Administration

FGD - Focus Group Discussion

GA&E - General Administration and Finance

HND - Higher National Diploma

HR - Human Resource

HRD - Human Resource Development

HRD&M - Human Resource Management and Development

IT - Information Technology

KPI - Key Person Interview

LI - Legislative Instrument

LRC - Law Reform Commission

LSCD - Legal Sector Civil Division

LSLDD - Legal Service Legislative Drafting Division

MDA - Ministries Departments and Agencies

MDG - Millennium Development Goals

MoJAGD - Ministry of Justice and Attorney Generals Department

MoJ - Ministry of Justice

MSD - Management Services Department

NLCD - National Liberation Council Decree

NRCD - National Redemption Council Decree

PNDCL - Provisional National Defense Council Law

PPBME - Policy Planning, Budgeting, Monitoring and Evaluation

PPME - Policy Planning Monitoring and Evaluation

PRAAD - Public Records and Archives

PSC - Public Services Commission

RGL - Review of Ghana Law

RM&E - Research Monitoring and Evaluation

RSIM - Research, Statistics and Information Management

TLI - The Law Institute

UNDP - United Nations Development Programme

Legal Service & Justice Sector Reform (Training Needs Assessment) Page iv

EXECUTIVE SUMMARY

The Government of Ghana, United Nations Development Programme (UNDP) “Legal Service and

Justice Sector Reform Programme: Improving Quality of Legal Service and Justice Delivery in

Ghana,” has been designed to develop targeted reforms aimed at improving the quality of legal

service delivery. The process was initiated with intensive consultations of legal service and justice

sector institutions.

The strategy adopted for the Programme is to strengthen the Legal Service, the Ministry of Justice

and Attorney Generals Department and selected institutions. Thus the immediate outcomes of the

Programme, which will contribute to the achievement of the overall goal are:

(1) Strengthened administrative efficiency and inter-institutional collaboration of Legal Service

and Justice Institutions by the end of 2016; and

(2) Strengthened technical and operational capacity of Legal service and Justice Sector

institutions by the end of 2016

Objective of the Assignment

The overall objective of the assignment is to develop a training plan for the Ministry of Justice, the

Legal Service Civil Division of the Attorney Generals Department, the Legal Service Legislative

Drafting Division of the Attorney Generals Department, the Council for Law Reporting and the Law

Reform Commission.

The immediate objective is to conduct a needs assessment through stakeholder engagement; which

should include but not be limited to a review of the mandate of the relevant institutions, the skills

required to effectively implement these mandates, a job and task analysis of the staff to identify

current and desired job performance as well as existing and desired competencies and skills.

Scope of the Assignment

The assignment was aimed at ascertaining the needs of key staff within the various institutions to

serve as a guide in developing a plan to facilitate targeted training to enable the sector achieve the

reform objectives. Focus was therefore on core staff who can directly contribute to meeting the

mandate of the various justice sector institutions and human and institutional capacity building

strategies to increase the efficiency and effectiveness of the justice sector.

Legal Service & Justice Sector Reform (Training Needs Assessment) Page v

Methodology

There was an extensive literature and legislative review of documentation, laws, and policies related

to the establishment of institutions within the justice sector as well as their mandates. A mixed

method of design was used during field data/information gathering. Quantitative data was obtained

from the questionnaire administration, which was designed with the objective of profiling

respondents for the purpose of assessing their jobs, task and qualifications for delivering their duties

and responsibilities as staffs of the justice sector. Qualitative data was obtained by holding Focus

Group Discussions as well as Key Person Interviews. This enabled the Team accurately describe

and also understand the peculiar needs and issues in each of the institutions.

Conclusions and Recommendations

There is the need to address the problem of understaffing in some of the agencies to enable them

have the critical number of staff necessary to be more productive in their area of work. Such staff

will have to be properly oriented and trained to make them perform optimally.

This report has given the key findings from the needs assessment undertaken from the MoJ and four

legal sector institutions (identifying gaps and making recommendations) to improve their efficiency

and effectiveness as part of the reforms process. Some of the training needs identified include the

following:

1) There is the need for orientation/re-orientation for staff in all the institutions (including newly

recruited staff) to enhance their appreciation of their individual and collective roles in

meeting the mandate of their individual intuitions/organizations.

2) The need for continuous professional development for all lawyers within the legal sector in

their areas of specialization, and job specific training for identified staff in the various

institutions. Formal training should be specific and targeted to enhance their respective skills

and improve job performance. Coaching and mentoring programmes, as well as in-service

training can also be utilized to enhance skills to improve efficiency.

3) Computer training was identified by all institutions, which should go hand in hand with

specialised software to enhance their work. Infrastructural needs also need to be addressed.

4) The Ministry of Justice needs to align its staff needs with its mandate and ensure that key

staffs have legal training to facilitate their role. Its library should be equipped and modernized

to serve lawyers within its agencies. Key positions within the Ministry and agencies need to

be filled.

5) The administrative unit of the Legal Service needs to be put in place to enable the Service

have a core of well-trained administrative staff to effectively support their work (including

Law Clerks).

6) With respect to the Legal Service Civil Division, enhancement of litigation skills of the

lawyers and in other specialised areas is key to improving their efficiency. In addition there

Legal Service & Justice Sector Reform (Training Needs Assessment) Page vi

is also a need for the engagement and training of Court Clerks with paralegal skills to enable

them effectively help lawyers with their work.

7) With regard to the Legal Service Legislative Drafting Division, ensuring that lawyers are given

training skills on legislative drafting and in specialised areas of the law will enhance their

work. Their work should be supported by trained researchers and Law Clerks.

8) Training is needed for lawyers and research officers of the Law Reform Commission and

their researchers to equip them to write project proposals to source for funding for the Law

Reform Fund to facilitate their research work and training to enhance their legal research

and writing skills.

9) Internship for lawyers of the Council for Law Reporting in other law reporting institutions

will greatly enhance their work. Current staffs including Proof Readers, Law Reporters and

administrative staff also need training in information technology (IT) and marketing to enable

them modernize the law reporting system they currently use and market their products.

Legal Service & Justice Sector Reform (Training Needs Assessment) Page 1

SECTION 1: BACKGROUND AND INTRODUCTION TO

ASSESSMENT

1.1 Introduction

The Government of Ghana with support from the United Nations Development Programme

(UNDP) has embarked on a programme to reform the justice and legal sector through a Legal and

Justice Sector Reform.

The Programme Document to the “Legal Service and Justice Sector Reform Programme: Improving

Quality of Legal Service and Justice Delivery in Ghana,” indicates that the situational analysis guiding

the process acknowledges Ghana as a relatively stable democracy with noteworthy advancement of

good governance and progress towards achieving the Millennium Development Goals (MDGs),

especially the two goals of eradicating extreme poverty and hunger, and achieving universal primary

education. With over two decades of constitutional democratic rule, Ghana has a deep respect for

and protection of fundamental human rights and freedoms including the right to a fair trial and legal

defense by providing access to justice for all persons. These rights are enshrined in Chapter 5 of the

1992 Constitution of the Republic of Ghana. The rule of law, a key component of democracy and

good governance, is firmly rooted in Ghana given its laws that promote peace, stability, economic

growth, justice, and equality, especially for indigenes. Ghana upholds the rule of law especially with

a progressive legislative framework and its independent judiciary that publicly adjudicates.

1.2 Background to the Assessment

In 2012, a Baseline Survey of the Justice Sector was conducted to provide information on the current

levels of knowledge, experience and attitudes of the public to the justice sector in Ghana. The survey

identified the level of transparency and the speed of the processes and proceedings in the formal

justice system as the significant issue in the sector. 228 out of the 325 respondents stated that the

delays associated with the proceedings in the formal justice system were a major deterrent to using

the system. All the reforms proposed by the survey’s respondents were aimed at improving access

to and the quality of justice delivery in the formal and informal justice systems. Additionally, the July

2014 Governance and Peace Poll found that only 47% of adults in Ghana trust the state to prosecute

cases and 53% trust the courts “somewhat” or “a lot”.

Given this situation, the Ministry of Justice and Attorney Generals Department (MoJAGD)

partnered the UNDP to develop targeted reforms aimed at improving the quality of legal service

delivery. The process was initiated with intensive consultations of legal service and justice sector

institutions.


To further Ghana’s development efforts, its legal service and justice delivery system must become

more efficient and effective. This can be achieved by ensuring that key institutions are better

equipped to function as required. A review of these institutions revealed that they lacked a consistent

source of the basic tools necessary for efficient administration of their offices, while some do not

have adequate structural and institutional capacity. To contribute to resolving the critical problem\

facing the Legal Service and Justice Sector in Ghana, the programme was designed to contribute to

an overall goal of a more accessible, fair, responsive, and accountable Legal Service and Justice

Sector that is structured to provide legal services efficiently and improve access to justice. The

programme document indicates further that the programme does not envision sweeping reforms but

will implement targeted interventions.

The strategy adopted for the Programme is to strengthen the Legal Service, the Ministry of Justice

and Attorney Generals Department and Criminal Justice Sector Institutions. Thus the immediate

outcomes of the Programme, which will contribute to the achievement of the overall goal are:

(3) Strengthened administrative efficiency and inter-institutional collaboration of Legal Service

and Justice Institutions by the end of 2016; and

(4) Strengthened technical and operational capacity of Legal Service and Justice Sector

institutions by the end of 2016

1.2.1 Objective of the Assignment

The overall objective of the assignment was to develop a training plan for the Ministry of Justice, the

Legal Service Civil Division of the Attorney Generals Department, the Legal Service Legislative

Drafting Division of the Attorney Generals Department, the Council for Law Reporting and the Law

Reform Commission.

The immediate objective was to conduct a needs assessment through stakeholder engagement; which

should include but not limited to a review of the mandate of the relevant institutions, the skills

required to effectively implement these mandates, a job and task analysis of the staff to identify

current and desired job performance as well as existing and desired competencies and skills.

1.2.2 Scope of the Assignment

As far as the current assignment is concerned, it is aimed at ensuring the actualization of Expected

Output 5. Specifically, Activity 5.1 in the Programme Document that is aimed at developing and

implementing training programmes for Ministry of Justice and Attorney Generals Department

(MoJAGD) and the Legal Service.

The MoJAGD is made up of the Ministry of Justice, itself and the Attorney Generals Department.

Other agencies associated with it include the Law Reform Commission and the Council for Law

Reporting among others.


The baseline information on Output 5 notes limited opportunities for relevant job specific training

for staff in the institutions concerned. The targets for Year 2 were specialised training programmes

to strengthen 30% of direct beneficiaries trained and applying the knowledge and skills by end of the

year 2015. This was expected to increase to 50% by Year 3. The indicator is the number of direct

beneficiaries trained. It should be noted that due to the late start of the assignment, the target years

may have to be modified in the Programme Document.

The assignment therefore aimed at ascertaining the needs of key staff within the various institutions

to serve as a guide in developing a plan to facilitate targeted training to enable the sector achieve the

reform objectives.

Based on the above, the assignment focused on core staff who can directly contribute to meeting the

mandate of the various justice sector institutions. Furthermore the assignment examined human

capacity building as well as institutional capacity building requirements of the justice sector.

1.2.3 Methodology and Sampling

Study Design

There was an extensive literature and legislative review of documentation, laws, and policies related

to the establishment of institutions within the justice sector as well as their mandates. A mixed

method of design was used during field data/information gathering. Quantitative data was obtained

from the questionnaire administration which was designed with the objective of profiling respondents

for the purpose of assessing their jobs, task and qualifications for delivering their duties and

responsibilities as staffs of the justice sector.

Qualitative data was obtained by holding Focus Group Discussions (FGD) as well as Key Person

Interviews (KPIs). This enabled the Team accurately describe and also understand the peculiar

needs and issues in each of the institutions.

Study Population

The population under review was all the staff of the Ministry of Justice and Attorney Generals

Department as well as the selected agencies. Any staff members who met the inclusion criteria at the

study site were eligible to participate in the research. The study population includes

The Various Directorates under the Ministry of Justice

The Legal Service Legislative Drafting Division of the Attorney Generals Department

The Legal Service Civil Division of the Attorney Generals Department

Law Reform Commission

Council for Law Reporting


The overall number of staff of the Ministry of Justice and Attorney Generals Department, the Law

Reform Commission and the Council for Law Reporting was 316 out of which 176 were males and

140 were females based on all categories of staff.

Data Collection tools/ Instruments

Different instruments were developed for data collection. This was done to enable flexibility in the

way questions were asked as well as to obtain the most accurate representation of the situation as it

exists. Some of the questions included socio-demographic data, training needs, supervision, as well

as capacity building. Some of the tools used were as follows;

1. A structured questionnaire with a combination of both open and close ended questions

2. A semi structured interview guide which was used to conduct the various Focus Group

Discussions (FGDs) at the various study sites.

3. Key person Interviews (KPIs) were held with the Heads and Directors of the Directorates of

the various study sites.

Data Collection Procedures

Sensitization: There were introductory meetings as well as a sensitization seminar for the staff of the

Ministry and its agencies which was organized by the UNDP prior to the commencement of the

research.

Introductory Meetings; this was done in the various institutions by way of informal interviews and

discussions mainly with the focal persons assigned to assist the consultants in data collection. This

enabled the staff and consultants to establish rapport, become better acquainted and establish a more

conducive atmosphere for data collection and to also prepare the institutions for the actual data

collection stage. It also afforded the staff the opportunity to discuss any pertinent issues concerning

the study and also any questions they had.

Pilot Study: This was carried out at the Council for Law Reporting where the questionnaires were

pre-tested. This was done to obtain preliminary information, which would inform the fine-tuning of

the data collection tools and estimate the length of time to interview respondent, identify

inappropriate words and ambiguous questions, shorten and compress lengthy tables and finally

estimate response rates.

Sampling Techniques

Respondents were recruited purposely from the directorates under the Ministry of Justice as well as

the Attorney Generals Department and selected Agencies. Staff considered as core to meeting the

mandate of the Ministry and the selected Agencies were reached and questionnaires administered.


For some non-core staff, FGDs were undertaken. A total of 140 persons were reached from all the

institutions as part of data collection.

1.2.4 Limitations

There were a number of limitations in undertaking the assignment. This included the limited time

available and the fact that the assignment commenced around the Christmas and New Year break.

Most of the focal persons for the institutions were not available since they were on leave.


SECTION 2: REVIEW OF INSTITUTIONAL MANDATES AND

SKILL REQUIREMENTS

Following is a review of the mandates of the Ministry of Justice and Attorney Generals Department

and selected agencies identified as part of the Reform exercise. Attached as Appendix 1 is a table

summarizing the review of the institutional mandate of the Ministry and its four Agencies that are

part of this assignment.

2.1 Ministry of Justice

The Ministry of Justice (MoJ) is part of the executive arm of government responsible for justice

issues.

2.1.1 Legal Framework

Under Article 58 of the 1992 Constitution, the executive authority of the Ghana is vested in the

President and subject to the Constitution, he may exercise this authority by himself or through

officers subordinate to him and the Presidency has set up various ministries headed by Ministers of

State as mandated by Article 78 of the 1992 Constitution.

MoJ is headed by the Minister for Justice who is assisted by a Deputy Minister. It has eight (8)

agencies under it, which are as follows: Attorney Generals Department, Law Reform Commission,

Council for Law Reporting, Registrar Generals Department, General Legal Council, Legal Aid

Scheme, Copyright Office and Economic and Organised Crime Office.

A Ministerial Advisory Board appointed under the Civil Service Act 1993 (P.N.D.C.L. 327) is

expected to advise the Minister. The administrative head of the Ministry is the Chief Director. It

also has a Public Relations Officer and the Head of the Internal Audit as well as a number of

Directorates.

The Ministry is responsible for formulating policies for the entire legal sector as stipulated by the

Civil Service Law, 1993 (P.N.D.C.L. 327). The Ministry is also responsible for monitoring the work

of the departments and agencies under it. Under Section 12 of the Civil Service Law, 1993

(P.N.D.C.L. 327) the Ministry is to have under it four Directorates namely:

i) General Administration and Finance

ii) Policy Planning, Budgeting, Monitoring and Evaluation

iii) Human Resource Development

iv) Research, Statistics And Information Management


2.1.2 Summary of Findings

The institutional mandate of the MoJ is governed by the Constitution and the Civil Service Act. In

line with the Civil Service Act, the MoJ has an advisory board and four directorates as follows:

Finance and Administration Directorate (F&A); Policy Planning Monitoring and Evaluation (PPME)

Directorate; Human Resource Management (HRM) Directorate and Research, Statistics and

Information Management (RSIM) Directorate.

Functions of the Ministry

The Ministry is to support the justice sector in achieving its objectives which are:1

a. To increase the capacity of the legal system to enhance speedy and affordable access to justice

for all.

b. To review the 1992 Constitution and conflicting Acts of Parliament towards amendment

where necessary.

c. To promote transparency and accountability and reduce opportunities for rent seeking.

d. Effective awareness creation on laws for the protection of the vulnerable and excluded.

e. To improve database for policy formulation, analysis and decision making.

f. To develop and retain Human Resources at National, Regional and District levels.

Organizational Capacity Required

As per the draft Scheme of Service for the Ministry reviewed by the Team, to be able to perform

the stated functions, the Ministry requires the following skills, competencies and qualifications to

operate efficiently and effectively.

Core Officers with;

1. Leadership, mentoring and management skills.

2. Officers with knowledge of the justice system and the Ghana Legal system.

3. Experience in the formulation of policies and monitoring and evaluation.

4. Experience in undertaking research and documentation of problems within the justice sector.

5. Experience in human resource and management.

6. Experience in financial administration

1 Draft Organisational Manual of the Ministry of Justice and Attorney Generals Department, MSD 8/9/2014


Non-Core officers with;

Experience in Public Administration management, secretaryship and clerical work

Comments and Recommendations

1. Even though the MoJ has developed a Scheme of Service for the MoJAGD, approval is yet

to be given by appropriate authorities, which include the Public Service Commission.

1.1 Based on the mandate of the Ministry, the structure proposed in the Scheme of

Service may have to be looked at again (if the Ministry expects to meet their mandate) prior

to obtaining approval from the appropriate authorities. For instance, no reference is made

to the role of lawyers in the Ministry but rather focuses mainly on administrative staffs that

are currently servicing the lawyers at the Attorney Generals Department who are now part of

the Legal Service. Once clarified the Scheme of Service should be implemented to ensure

clarity in responsibilities as part of the reform process.

1.2 The Legal Service Regulations, 2014 (L.I. 2210) requires the Legal Service to come

up with its own Scheme of Service for the various categories of staff. This should be done as

a matter of urgency as part of the reform process to fully activate the Legal Service and to

delink it from the MoJ .

2. The MoJ in line with the Civil Service Scheme of Service, which makes provision for various

categories of staff within different directorates in the Civil Service, with specific reference to

the core areas in the MoJ, include the PPME Directorate as well as the RSIM Directorate.

They are key institutions within the Ministry that can help achieve its mandate if they are well

equipped. Whilst research forms the bedrock to acquiring relevant data to contribute in the

achievement of the core mandate of the MoJ, the Research officers do not have the requisite

qualifications to fully undertake legal research assignments. It is recommended that they are

taken through a structured paralegal training programme on the Ghana Legal System and

civil procedure and mentoring programme to enable them function effectively.

3. Currently, the Director of PPME doubles as the Director of RSIM, which has the potential

of shared-attention between the two directorates. There is the need to have separate heads

for these two directorates.

4. There are no clear cut roles for staff in some of the directorates of the MoJ. Some of the

staff of the PPME for instance double up as staff of RSIM. In addition some security officers

act as staff at the registry filing documents and receiving processes served on the Minister for

Justice and Attorney General. There is the need to clarify roles and for most of these staff to

be given paralegal training for them to better appreciate the systems and structures of the

Legal System and in the process put them in a position to contribute positively towards the


achievement of the mandate of the Ministry. They will also be better equipped to continue

to provide services to the lawyers within the Legal Service until they set up their own

administrative unit.

5. There is a general lack of resources to facilitate work and to ensure effectiveness and

efficiency. This includes crammed work spaces, the shortage of computers, scanners,

printers, photocopy machines, vehicles, paper and all these affect the ability to carry out

assignments expeditiously

There is the need to provide adequate office space for staff of the MoJ to improve the work

environment. Also adequate budgetary resources should be made available to improve

effectiveness through advocacy training to enable effective lobbying for sufficient budgetary

allocation.

6. MoJ lacks a well-stocked library. The library does not have modern equipment and books

relevant for lawyers in practice. It is also not manned by a qualified librarian and the number

of books keep dwindling since they cannot be tracked.

There is an urgent need to stock the library to enable Attorneys of the Attorney Generals

Department have access to research materials and improve their efficiency and effectiveness.

A trained Librarian should be engaged to run the library and train some assistants to help

manage the place. Electronic copies of books and laws should be made available at the library

as well as the Ministry staff trained on how to access and use them.

7. Most of the internal policies with which the staffs of the MoJ work are unwritten and needs

to be documented properly to improve efficiency. This includes lack of any document on

gender policy.

There is the need to document most of the work place policies to enable staff know what

they can and cannot do at the workplace. Once they are documented, staff should be taken

through them.

8. The continuous reference to the Ministry as “Ministry of Justice and Attorney Generals

Department” appears to give an impression of the fusion of the work of the Ministry with

that of the Attorneys of the Legal Service and this adds to the expectation of comparable

salary scales and general dissatisfaction with differences.

There is the need to take a look at the popularly used name of the Ministry due to the impact

of the Legal Service Act.

2.2 Legal Service

The Legal Service comprises all lawyers of the Attorney Generals Department. It is made up of all

the lawyers in the Attorney Generals Department who are in the different divisions including: the


Civil Division, the Prosecution Division, the Legislative Drafting Division, the Registrar general and

any other specialised Division that may be created. It comprises lawyers holding the post of Solicitor

General, Director-Public Prosecutions, Director-Legislative Drafting, the Registrar General, Chief

State Attorneys, Principal State Attorneys, Senior State Attorneys, State Attorneys and Assistant State

Attorneys.


Article 88 of the 1992 Constitution makes the Attorney General the Principal Legal Advisor of the

Government and guardian of the public interest. Article 88(5) provides that:

…The Attorney-General shall be responsible for the institution and conduct of all civil cases

on behalf of the State; and all civil proceedings against the State shall be instituted against the

Attorney-General as defendant.

Article 190(1)(a) also lists the Legal Service as one of the Public Services of Ghana.

The Legal Service Act, 1993 (P.N.D.C.L 320) enacted on the 5th

day of January 1993, anticipated

Article 190 of the 1992 Constitution, which in itself came into force on 7th

January, 1993 to govern

the Legal Service. It established the Legal Service, which forms part of the Public Services of Ghana.

The Service comprises all lawyers in the Attorney General’s Department indicated above as set out

in the Legal Service Act. In accordance with section 3 of the Legal Service Act, the Solicitor General

is the administrative head of the Legal Service. It is also expected to have its own administrative unit

which is yet to be put in place. The Legal Service Regulations, 2014 (L.I. 2210) requires the Legal

Service to have a Scheme of Service.

There is a Scheme of Service being developed for the Legal Service. The draft is titled “Legal Service

Scheme of Service July 2015.” The Scheme of Service is thus intended to provide the machinery for

the effective performance of the functions of the Office of the Attorney-General within the context

of article 88 of the Constitution.

The vision of the Legal Service is to serve as a one stop shop for the provision of legal services to

the Government, including Ministries, Departments and Agencies.


The Solicitor General has oversight over the Division which has a number of attorneys of the ranks

listed above in the Legal Service Act.

In the absence of an approved Scheme of Service, the draft “Legal Service Scheme of Service” dated

3/7/2015 was reviewed and discussions were also held with key persons within the Legal Service.

The conclusion was that the required human resource skill set and knowledge for the functioning of


the Legal Service depended on the Division within which the lawyers worked and the functions

assigned. This section makes comments and recommendations for the legal Service generally and

reviews the mandate and functions of two divisions namely the Legal Service Civil Division and the

Legal Service Legislative Drafting Division.


1. With regard to the Legal Service, the Legal Service Act formally sets it up and the Service is

expected to have an administrative unit but this has not been done. Provision is made in

section 15 for administrative and secretarial staff for the service to be provided by the Head

of Civil Service, until a legislative instrument is passed by the President in accordance with

section 2 to create other posts. Even though the Legislative Instrument has been passed, the

Administrative Unit is yet to be set up and Administrative and Secretarial staff are currently

being provided by the Ministry of Justice.

As the Legal Service Act has only been partially implemented by the enforcement of the part

dealing with the Legal Officers under the Legal Service Act, whilst the administrative part is

yet to be set up, the Legal Service continues to depend on administrative staff from the MoJ

including Registry staff some of whom provide services as Law Clerks filing documents in

court and following up on document. Inadequate infrastructure has been cited as one of the

main reasons why the administrative unit of the Legal Service is yet to be set up. There are

also complaints about the disparities in salaries and this can have an impact on the type of

services provided which may hamper achieving the mandate of the Division.

It is recommended that with the passage of the Legal Service Regulations, 2014 (L.I. 2210)

the Legal Service should see to the following;

a. The Scheme of Service for the Legal Service should be finalized and approved.

b. The setting up of the administrative unit of the Legal Service should be pursued as a

matter of priority.

c. Those to be engaged should be well trained to effectively assist the Legal Service,

especially the Research Officers and Law Clerks who are essential for the efficiency

and effectiveness of the work of the Civil Division in particular since they depend

on such Clerks for the filing and serving of court processes in the prosecution of their

mandate.

d. As a short term measure the Registry staff of the MoJ should be given paralegal

training to enable them to have an understanding of the Ghana legal system, the

essence of time in civil procedure and other related course so they can more

effectively assist with the work of the Attorneys in the Civil Division.

e. The administrative unit of the Legal Service should include researchers or paralegals

that can support the work of the Division with legal research, proof reading as well as

clerical services.


2. Whilst the MoJ continues to be linked with the Attorney Generals Department where the

Legal Service is situated, the two have different functions and there are disparities in salaries

between the lawyers working at the Attorney Generals Department and officers of the MoJ

who service them including senior persons in directorship positions. This is due to the fact

that in accordance with the Legal Service Act, salaries of lawyers within the Attorney Generals

Department have seen an increase with its linkage to positions within the Judicial Service.

This has resulted in the salary of an Assistant State Attorney for instance being higher than

that of a director within the MoJ, leading to friction and resentment, which may affect the

impact of reform process if not addressed. It is recommended that;

i) Due to the implication of the setting up of the Legal Service, there is the need

to delink the Ministry of Justice from the Attorney Generals Department or

to harmonise salaries of staff at the Attorney Generals Department with that

of leadership at the MoJ so long as they continue to service them.

ii) There is the need for a review of P.N.D.C.L. 320 to remove any ambiguities

in it to improve the working environment.

iii) In the alternative the setting up of the administrative part of the Legal Service

should be expedited to separate the two institutions to bring goodwill and to

improve the work environment as part of the reform process.

3. A Chief State Attorney has been acting as the Solicitor General for a sometime now since

the last person who held the post retired. This does not augur well for confidence, respect

and effectiveness. Furthermore, under section 3(1) of the Legal Service Act, 1993

(P.N.D.C.L. 320) the Solicitor General is expected to be the administrative head of the Legal

Service and under section 3(2), subject to directions as may be given by the Attorney General,

is to supervise and coordinate the work of all the other divisions of the Attorney General

Department and members of the Service. However, since there is no substantive Solicitor

General the Chief Director of the MoJ continues to be the spending officer of the Legal

Service.

It is recommended that:

i) There is the critical need to appoint a substantive Solicitor General to take

over role currently played by the Chief Director since leadership is important

to achieve effective reform.

ii) The appointed person should be given leadership training as well as training

in public and financial administration so the person is equipped to act as the

spending officer and to take charge of both the Attorneys and administrative

staff of the Legal Service.

iii) It is further recommended that a Director for the Civil Division should be

appointed to enable the Solicitor General concentrate on his/her core duties

when appointed.

4. Some of the problems arising from the Legal Service not having its own administrative and

secretarial staff include the following: Filing of files used by Attorneys is affected since the


filing system provided by the MoJ is manual in nature (at their registries). This makes retrieval

of files difficult thereby affecting efficiency; Some registry staff of the MoJ do not have

requisite skills and experience to manage record keeping; The poor record-keeping,

indexing and the absence of a data base has rendered the Division deficient in terms of

analysis of data, information generation and evaluation of performance. It is recommended

that:

i) There is the need to fully activate the administrative unit of the Legal Service

and to train them to improve their efficiency.

ii) As an interim measure the Registry staff need to be trained to support the

work of Attorneys in the Division by improving work with regard to record-

keeping and filing among others.

2.3 Legal Service Civil Division

The Legal Service Civil Division is part of the Attorney Generals Department and is responsible for

providing legal advice for and conducting civil cases on behalf of the Government.


The Solicitor General has oversight over the Division which has a number of attorneys of the ranks

listed above in the Legal Service Act.

Mandate and Function

The Division is responsible for the institution and conduct of all civil cases on behalf of the State;

and all civil proceedings against the State shall be instituted against the Attorney-General as

defendant. In the draft Scheme of Service, the function of the Legal Service is stated as follows:

1. Represent the state in all civil proceedings against the government.

2. Review agreements to be entered into by the state including national, bilateral and

multilateral one.

3. Provide legal advice on issues referred by Ministries Departments and Agencies.

4. Represent the Government in industrial and commercial negotiations;

5. Prepare, review or approve contracts and agreements involving Ministries, Departments or

Agencies;

6. Advise Government on loans being negotiated by the Government or any Ministry,

Department or Agency;

7. Represent the Attorney-General on governing bodies and other entities.


The key activities undertaken by the Civil Division includes:

1. Defending and representing the Republic of Ghana in Civil Cases in Court on behalf of the

Government, including MDAs;

2. Processing and settling Civil Claims on behalf of Ghana of Ghana including the MDAs;

3. Conducting research, writing and issuing legal memoranda and opinion on various aspects

of the law, required by Government or any of the MDAs

4. Drafting and reviewing of various legal documents, such as commercial contracts, various

agreements and Memoranda of understanding

5. Attorneys serve as members of Government Delegations in negotiation and the conclusion

of industrial and commercial transactions

6. Handling local and external arbitration involving the Government. External arbitration

7. Attorneys serve as members of Government Committees, Councils and Boards

8. Attorneys serve as Government Delegations in the negotiation and the conclusion of

industrial and commercial transactions

9. Division handles both local and external arbitration involving the Government. External

arbitration are handled with the assistance of external Counsel.

10. The Division deals with International Law matters including the preparation, interpretation,

and ratification of treaties and furnishing advice to Government on International Law.


From the draft Legal Service Scheme of Service dated 3/7/2015 that was reviewed as well as

discussions held with key persons within the Division revealed that the required human resource

skill set and knowledge for the functioning of the Division are as follows:

Core Officers with;

1. Leadership, mentoring and management skills

2. Officers with knowledge of the law and the Ghana Legal system

3. Experience in litigation and the court system

4. Experience in drafting of agreements and provision of legal advice.

5. Experience in alternative dispute resolution including arbitration.

Non-Core Officers with;

Experience in legal research and writing, Public Administration management and clerical work.



1. The limited number of lawyers in the Legal Service Civil Division is a huge challenge. There

are few lawyers at the Chief and Principal State Attorney levels and more junior lawyers who

though handle several cases, do not have the requisite experience and exposure to do

complicated and high profile cases. In effect the workload on more senior lawyers is

overwhelming since they are inundated with court cases and are also required to prepare

agreements, provide other legal services for various MDAs as well as supervising the work of

the junior lawyers. In the case of their limited numbers, there has been almost no

replenishment of staff due to the existing ban on graduate employment.

There is the need to replace lawyers who have retired or resigned and to increase the number

of lawyers in the Division by making a special case to the relevant authorities to lift the ban

on recruitment to enable the Legal Service to recruit more lawyer for the Division to improve

efficiency and effectiveness in handling government’s legal needs.

Programmes should be put in place to ensure the retention and progression of lawyers into

senior positions so they gain enough experience to effectively help to achieve the mandate

of the Division.

The junior lawyers should be given training and mentoring to improve their skills.

2. In adequate office space for lawyers and support staff has resulted in overcrowding in some

offices in the Division and congestion in the Registry of the Division, which has staff of the

MoJ assigned to the Legal Service sharing office space with other staff of the MoJ. In the

meantime a building dedicated to the Legal Service, called ‘the Law Office,’ which was started

some years ago is still under construction.

There is an urgent need for funds to complete the Law Office building that is intended to

house staff of the Legal Service to create room for the engagement of adequate number of

lawyers and other staff to improve effectiveness.

3. Some Attorneys have benefitted from state sponsored post-graduate and other training

programmes, whilst others have undertaken various training programmes at their own cost.

There is no database of Attorneys trained in particular specialised areas. There is also lack

of transparency in selection of staff for training programmes.

The Legal Service should create a database of staff and areas in which they have received

higher learning or training to serve as a reference point for referral of specialised issues.

There is a need for a policy on training opportunities (which should tackle access) to ensure

equity.


4. There is presently no substantive Information Technology (IT) Officer. The lack of and in-

house IT officer often hampers and delays progress in trouble shooting and resolving

technological problems, which adversely impedes work delivery. There are irregular updates

of the antivirus software on desktops used by lawyers, resulting in occasional data loss and

slow performance in performance of functions.

There is the need to engage an in-house IT officer with assistants to provide IT services to

facilitate the work of Attorneys

Attorney’s need computer training to improve their efficiency and effectiveness in using IT.

There is also the need to create an intra-net system to facilitate internal communication.

5. There is difficulty in keeping electronic versions of existing laws, limiting ability to conduct

research quickly. Also obtaining updates to the revised edition of the laws and suitable

binders for order storage is a challenge.

There is the need to make electronic research materials available for lawyers and to train

them on how to use them.

An effective intra-net system with internet access will enable Attorney’s to undertake research

at their desk.

6. As lawyers for various MDAs in cases in court, there are problems with default judgments

especially in cases ending in judgment debts. According to some of the lawyers interviewed,

this mainly due to the failure, refusal or inability of MDAs whose cases State Attorneys have

to defend in court to furnish Attorneys with relevant evidence, be it documentary or

otherwise to facilitate preparation of appropriate defence. According to some of the lawyers,

writs of summons are sometimes brought in very late. There is the need for e-governance to

be implemented to improve the Attorney’ access to records in prosecution and defense of

State cases.

There is also the need for Attorneys to be trained and mentored on advocacy strategies to

equip them to make MDAs understand the implications of non-cooperation in handling

their cases. The Attorney General could also consider enacting a law to imposing sanctions

on staff of MDAs who do not cooperate.

The litigation skills of Attorneys could be further honed through internship in an institution

which has instituted regular “File Conferences” as an integral part of their operation.

Attorneys who benefit from this internship will subsequently establish “File Conferences” in


the Ministry for all Attorneys for cases in court where each lawyer handling a brief within

their group will be required to give account of legal issues arising in cases and the strategies

to be adopted to ensure success.

7. The practice of some MDAs initiating contracts/agreements without the knowledge and

involvement of the AGs is a challenge since some of them are badly drafted and may end up

in a dispute or militate against State victory in dispute resolution.

There is the need for staff to be trained on advocacy strategies to equip them to effectively

communicate to MDAs the implications of entering into contracts without appropriate legal

advice. The Attorney General could also consider enacting a law to imposing sanctions on

staff of MDAs who do not cooperate.

8. Attorneys require regular training to update their skills. However due to budgetary

constraints this has not been possible.

Adequate budgetary allocation to be made for targeted training to sharpen skills of Attorneys

and for resources to be provided for the performance of their task including equipment,

stationery, vehicles, research tools among others.

9. The Civil Division complained about the lack of access to newly enacted laws to guide them

with their work. The Drafting Division also showed a note book in which a representative of

the Civil Division signs for collecting newly enacted laws. It was made clear that Ghana

Publishing Corporation that does the final typesetting before printing laws prepared by the

Drafting Division do not give them soft copies of the final document, which is printed. There

is the need to address this gap to enable Attorneys to have up to date copies of all laws

enacted.

There is the need for a system to be put in place to enable more Attorneys have access to

newly enacted laws. An intranet system where new laws are scanned and stored online or are

available at the library will improve access to new laws.

2.4 Legal Service Legislative Drafting Division of the Attorney Generals Department

The Legal Service Legislative Drafting Division (LSLDD) is part of the Attorney Generals

Department and is responsible for drafting laws for the Government. Their key responsibility is the

provision of technical support for legislative drafting.



It is expected to be headed by the Director of Legislative Drafting who in accordance with the Legal

Service Act, First Schedule, falls under Category ‘A’ and whose position is equivalent to that of a

Court of Appeal Judge. Other Attorneys working within the Legal Service Legislative Drafting

Division are of different grades ranging from Assistant State Attorney, State Attorney, Senior State

Attorney, Principal State Attorney to Chief State Attorney.

Function of the Division

This division forms part of the Attorney Generals set up under Article 88 of the 1992 Constitution

that provides legal advice and services to the Government. The Division is responsible for the

provision of technical support for legislative drafting and scope of work includes the following:

i. Drafting Bills based on drafting instructions from Ministries, Departments and Agencies

and prepare explanatory memoranda for the Bills and in a form consistent with the

Constitution and that Cabinet directives as regards the preparation of Bills are respected.

ii. Drafting Subsidiary Legislation, which included Constitutional Instruments, Legislative

Instruments, rules and orders and Gazette Notices of a Legal nature.

iii. Preparing Cabinet memoranda for the policy approval of Bills and for Bills to be laid before

Parliament.

iv. Arrange the printing and publication of enactments in the Gazette with the Government

printer, Assembly Press after editing and proof reading.

v. Gives advice to Ministries, Departments and Agencies on the interpretation of statutes and

the enactment process.

vi. Prepares the index to substantive and subsidiary legislation.

vii. Conducts legal research and identifies legislation.

viii. Represents the Attorney General on governing bodies.

ix. Explains the enactment process.

x. Provides assistance to Parliament in connection with legislation and

xi. Provides advice to Cabinet sub-committees

xii. Advising Government on the progress of legislation in Parliament.

xiii. Proof reading of enactments

xiv. Assisting to mark-up enactments passed by Parliament to convert them to Acts for

Presidential Assent

xv. Provides assistance to Parliament in connection with legislation and

xvi. Provides advice to Cabinet sub-committees

xvii. Preparation of Country Reports, Quarterly Performance Reports and other periodic

reports required by the Attorney-General

xviii. Assists Ministries, Departments and Agencies to sensitise stakeholders on new legislation



Core Officers with;



3. Knowledge of legislative drafting including ability to transform drafting instructions into

legislation and to advise MDAs on preparation of laws

4. Ability to prepare Cabinet memoranda and attending Cabinet Subcommittee meetings and

take notes to review draft legislation at Cabinet

5. Understanding of the Parliamentary process, ability to attend Parliamentary meetings, update

bills as well as other instruments and writing of reports


Experience in legal research and writing, Public Administration management, secretaryship and

clerical work


1. The administrative unit of the Legal Service that is to be set up under P.N.D.C.L. 320 should

include researchers or paralegals that can support the work of the Division with legal

research, proof reading as well as clerical services. They should be given appropriate training

to enable them to support the work of the Division to achieve their mandate.

2. There has been no substantive Director of the Division for over five (5) years and this vacuum

may have an effect on leadership.

There is the need to appoint a substantive Director for the Division as soon as possible.

3. The Division presently has challenges with access to resources to facilitate research. A

software (Lexis Nexus) which is designed to provide research tools was installed by a South

African company and Attorneys given a short training on how to use it.

There is the need for a local company that can provide technical/support services for the

effective and efficient running of the software (at reasonable cost) to be engaged. Further

training is also required for the Attorneys of the Division.


There must be some arrangement with Assembly Press to enable the Division obtain the

electronic copies of all enactments.

4. Legislative drafting is a very technical field and a practitioner has to be trained to be able to

acquire the skills needed for the work. The Commonwealth Secretariat used to run the

Commonwealth Legislative Drafting Course in Ghana, which was discontinued three years

ago.

There is the need to encourage the Commonwealth Secretariat to resume running the

programme locally or for resources to be made available for Attorneys to attend these

training programs in other countries where courses are running.

Also, innovative ways will have to be identified to train staff in legislative drafting locally to

equip them with the necessary skills and to improve their efficiency.

5. The Attorneys have no research assistants to assist them with their work. The Registry staffs

provided by the MoJ are not equipped to provide adequate research support services for

them.

There should be a liaison staff to assist the Division to keep up with the proceedings in

Parliament as their assignments outside Parliament tend to run simultaneously with

assignments in Parliament which are not always predictable or planned.

There is the need to activate the administrative unit of the Legal Service to enable adequate

support staff to be provided for the Division to assist them with their work. This should

include legal research officers or paralegals that will assist them and also serve as liaison with

Parliament and other stakeholders that they deal with.

2.5 Law Reform Commission

The Law Reform Commission (LRC) is one of the agencies under the MoJ and the mandate of the

Law Reform Commission is to keep the law under constant review and for related matters.


The Law Reform Commission Act, 2011 (Act 822) continued in force the Law Reform Commission,

which was originally established under the Law Reform Commission Decree 1968 (N.L.C.D. 288)

and continued under N.R.C.D. 325 of 1975.

The object of the Law Reform Commission as stipulated in section 2 of Act 822 “… is to promote

law reform in the country.”


Act 822 makes provision in section 10 for the ‘Establishment of the Law Reform Fund’ into which

shall be paid:

a. Moneys approved by Parliament,

b. Moneys accruing to the Commission in the performance of its functions,

c. Donations, grants and gifts and ,

d. Other moneys that are approved by the Minister responsible for Finance.

The objects of the Fund as stated in section 11 are: (a) to undertake projects for the development

and reform of laws, (b) to develop human resource in law reform, and (c) for any other purpose that

may be determined by the Board.

The Commission is headed by an Executive Director who is a senior lawyer that reports to a Board

of Directors. It is expected to have a number of Legal Officers of various ranks similar to that of the

Attorney Generals Department, as well as other staff to enable it to prosecute its mandate in its

current Scheme of Service of January 2015. By Section 16(2) of Act 822 a lawyer who is appointed

as a staff of the Commission shall enjoy the conditions of service applicable to lawyers of the Legal

Service.


The Law Reform Commission (LRC) has a Scheme of Service dated January 2015, which outlines

the various categories of staff it is expected to have as well as their job responsibilities, competencies

and areas of training. According to the LRC, this scheme of service has been approved by the Public

Services Commission. It has a Legal Directorate, Research Monitoring and Evaluation (RM&E)

Directorate and General Administration.

Functions of the Commission

Promotion of law reform in the country including:2

i. Receiving, considering and making proposals for the initiation and reform of any law in the

country;

ii. Preparing and submitting proposals for the examination of different aspects of the law

including recommendations for the codification and consolidation of legislation;

iii. Making practical proposals for the development, simplifications and modernization of the

law;

2 Section 3 of the Law Reform Commission Act, 2011 (Act 822)


iv. Advising the Minister on policies for law reform;

v. Undertaking the examination of particular areas of the law and formulating proposals for

reform after appropriate research;

vi. Providing advice and information to Ministries, Departments and Agencies and the private

sector for the reform or amendment of a law;

vii. Obtaining information on the legal systems of other countries that may facilitate the

performance of its function; and

viii. Performing any other functions that are ancillary to the object of the Commission

Organisational Capacity Required

Based on the mandate of the Commission the organizational capacity required is as follows:

Core Officers with;


2. Officers with knowledge of the law and the Ghana Legal system.

3. Knowledge of and ability to do legal research and writing skills with ability to write in English

grammar

4. Ability to raise funds to fund research to inform propoals for law reform.

5. Ability to undertake research to identify issues or areas of the law that needs reform and to

write reports making a case for evidence based reform

6. Ability to effectively advocate on areas needing reform

Non-Core officers with; Experience in Public Administration and Management as well as project

management skills.


1. The Scheme of Service makes room for a leader in the form of an Executive Director who

is responsible for all Divisions and an Operations Division and General Services Division

each headed by a Director. From the Scheme of Service the Directors from the various

Directorates can be appointed as Executive Director.

It is recommended that since all the Directors of the various divisions can potentially fill the

position of the Executive Director in future there is the need to give them leadership and

management training.

2. In the Scheme of Service, the Operations Division is expected to have a Legal Directorate

and Research, Monitoring & Evaluation (RM&E) Directorate.


A Project Management Directorate in addition would have facilitated their work by giving a

project orientation and helping to raise funds to undertake research and to train staff.

3. The Legal Directorate is expected to have a Director of Legal, Deputy Director Legal,

Principal Legal manager, Senior Legal Manager, Legal Manager and Assistant Legal Manager

and other complement of staff to ensure effectiveness and efficiency. Currently there is no

Director of Legal in place and only a Senior Legal Officer employed by the Commission.

Lawyers engaged cannot be retained due to lack of resources to work and poor working

environment. Secondment of staff from the Attorney Generals has not worked due to the

lack of interest of lawyers seconded in legal research work.

There is the need to appoint a Director of Legal since this position is important in facilitating

meeting the mandate of the Commission

Other staff necessary to fill key positions including, Legal Managers, should be engaged and

trained in legal research and writing to facilitate effectiveness and efficiency.

4. The new Scheme of Service approved by the Public Services Commission (PSC) that has

been in operation since January 2015 cannot be fully operationalized due to the lack of

approval from the Fair Wages and Salaries Commission.

There is the need to continue to lobby the relevant authorities to help operationalise the

Scheme of Service by giving approval to engage key staff required.

5. Low budgetary allocation has affected the Commission’s ability to acquire tools needed to

work, undertake research (needed to enable them propose law reform), modernize laws and

advocacy needed to facilitate their work.

There is the need to increase the budgetary allocation to the Commission to improve their

effectiveness and efficiency as part of the reform process

6. The Commission is currently housed on the top floor of an old building with insufficient

rooms for staff.

The Law Office building where they are expected to have space should be completed to

enable the LRC to be accommodated there.

2.6 Council for Law Reporting

The Council for Law Reporting (CLR) is one of the agencies under the MoJ.



The Council for Law Reporting Act, 1972 (N.R.C.D. 64) established the Council for Law Reporting

and the law has since been amended by the Council for Law Reporting (Amendment) Law, 1988

(PNDCL 194) and the Council for Law Reporting (Amendment) Law, 1990 (PNDCL 234) which

enables lawyers engaged by the Council to enjoy the same conditions of service applicable to lawyers

of the legal service. Section 6 of NRCD 64 indicates that the head of the council shall be referred to

as an Editor and that person should be qualified to be appointed as a Justice of the Court of Appeal.

The Council is responsible for the preparation and publication of the “Ghana Law Reports”

containing the judgments, rulings and opinions of the Superior Court of Judicature and may also

effect any other publications that in the opinion of the Board could conveniently be effected together

with the preparation and publication of the reports.


The Council for Law Reporting has since May, 2013 prepared a draft Scheme of Service, which is

yet to be approved by the Public Services Commission. Within that document are the various

categories of staff consistent with section 7 of the N.R.C.D. 64, including: Editor; Assistant Editor;

Law Reporters Principal Law Reporter, Senior Law Reporter, Law Reporter & Assistant Law

Reporter; Proof Readers; Court Reporters; Head of Administration and administrative staff of

different ranks.

Functions of the Council

Prepare and publish the Ghana Law Reports (the official Law Reports) containing the judgments,

opinions and rulings of the superior courts of Ghana and such other legal publications compatible

with the publication of the Law Reports

Publish the Review of Ghana Law (RGL) containing well-researched and learned articles, comments,

and critiques of both the academic and practical aspects of the law.

Organisational Capacity Required

Core staff:

1. Leadership, mentoring and management skills.

2. Officers with knowledge of the Ghana Legal system.

3. Knowledge of English grammar and syntax.

4. Ability to identify cases which are reportable and cases which involve novel development.


5. Ability to do legal research.

6. Proof readers with experience in book publishing

7. Court reporters with experience in reporting court cases and in typing

Non-Core staff; with experience in Public Administration management, IT ,marketing and finance,

auditing and accounting.


1. The current Acting Editor has reached retirement age and is on contract and there are no

Assistant Editors in place who could be groomed to fill the position. This is likely to pose a

challenge for effective transition of leadership of the Council as the work of the Council

which is a much specialised area.

There is a need to appoint Assistant Editors so some of them could be considered in a

succession plan for the Editor position.

The Assistant Editors appointed should receive leadership training and mentoring from the

current Editor to equip them to work effectively and possibly take over the position in the

future.

2. In the Draft Scheme of Service for the Council, Proof Readers and Court Reporters are

under non-core staff but from a description of the role they play in the process of preparing

law reports, they should be considered as core-staff and this should be taken into

consideration in finalising the draft Scheme of Service.

3. One of the key challenges faced by the Council is marketing the reports they produce. They

have a stack of printed reports in storage that they have not been able to sell. They only have

one Marketing Officer as one of their non-core staff.

It is recommended that since marketing is an important part of their work all key staff from

the Editor down should receive basic training/orientation in marketing. This will enable them

to engage the market to see what other competitors are doing and to find ways to produce

reports that are marketable.

The marketing unit should be enhanced by engaging additional staff.

The Council licensed two companies to market their rep?orts on-line for a stated period.

There is the need for the Council to monitor and train key staff to ensure that the Council

gets maximum benefit from any of these contracts entered into.


4. Currently the competition includes online reports which are being sold. The Council is

considering getting onto this market and will need a strong IT Department and IT training

to enable it to be equipped to do so effectively in prosecuting its mandate.

5. The work of law reporting relies a lot on technology and the Council needs to upgrade its

systems and have an in-house IT person to assist them. Currently they rely on an IT

Consultant who assists them. A tailor-made software could be designed to assist them even

further. They also need to prepare for selling online law reports by setting up their website

that has to be managed by a website administrator.

The Council will have to appoint an IT staff to assist in improving the technological base of

the Council. The staff also needs to be given training in basic IT to improve their efficiency

since they have fallen behind in the production of Ghana Law Reports and especially as they

are considering an on-line publication of these reports.

6. Law reporting is a very technical skill and requires training of staff on house style and formats.

They have managed with an internal mentoring programme. However, the lawyers, law

reporters and proof readers need exposure in other developed common law jurisdictions to

improve their skills and efficiency.

There is the need for more training and mentoring to be provided for staff in Ghana and in

other jurisdictions to enable them to learn more about how to improve their skills and

efficiency.

7. The Council relies on internally generated funds to print law report. They therefore need a

good financial base. They have however been instructed to give 15% of their Internally

Generated Funds (IGF) to the MoJ and this may affect their financial base.

The financial base of the Council needs to be improved by allowing them to retain 100% of

their IGF.

8. There are challenges with the working environment of the Council and they need better and

more modern facilities to increase the number of staff and improve their work environment.

There is the need to urgently improve the offices of the council.

9. The Council was originally set up by virtue of the Council for Law Reporting Decree, 1972

(N.R.C.D 64). There have since been amendments to this law by Council for Law Reporting

(Amendment) Law, 1988 (P.N.D.C.L. 194) and Council for Law Reporting (Amendment)


Law, 1990 (PNDCL 234) which are not reflected in the Volume 3 of the Laws of Ghana

which contains the revised consolidated laws of Ghana.

There is the need to review the Council for Law Reporting Act, 1972 (N.R.C.D. 64) in

Volume 3 of the Laws of Ghana to enable all amendments to their enabling law to be

consolidated.


SECTION 3: JOB AND TASK ANALYSIS OF STAFF

3.1 Ministry of Justice

3.1.1 Human Resource Capacity Required

Core Staff:3

1. A head of administration with a minimum of 1st

Degree plus a Post-Graduate Diploma in

Public Administration or related discipline (Masters Degree an advantage). A minimum of

15 years work experience, three (3) of which must have been at the senior management level

in the Public Service of Ghana. A working knowledge of the Ghana legal system is

recommended.

2. PPME

a. A head of PPME with a minimum of 1st

Degree plus a post-graduate Diploma in

public Administration or related discipline from a recognized University or

equivalent professional qualification (Master’s Degree an advantage). A minimum

of 15 years working experience, three (3) of which must have been at the senior

management level in the Public Services of Ghana. A working knowledge of the

Ghana legal system is recommended.

b. A core of 5 Deputy Directors with a minimum of 1st

Degree plus a post-graduate

Diploma in Public Administration and Management or related discipline from a

recognized University or an equivalent professional qualification. A Masters Degree

in a related field of study from a recognized institution shall be an advantage. A

minimum of 12 years working experience, three (3) years of which must have been

at the middle management level in the Public service of Ghana. In addition, must

have knowledge, experience and related certificates in the areas of: General

Management, Public Administration and Management, Policy Research and

Monitoring, Policy Monitoring and Evaluation Methodology and Techniques, Policy

Management and Assessment Tools, Project Management, Change Management. A

working knowledge of the Ghana legal system is recommended.

c. A core class of 15 officers of Assistant Directors or analogous level with a minimum

of 1st

Degree plus a post-graduate Diploma in Public Administration and

Management or a related discipline from a recognised University or an equivalent

professional qualification. A minimum of a 9 years working experience, three (3)

3 Source: Organizational Manual, Ministry of Justice and Attorney Generals Department,

Management Services Department, (Draft of 2014)


years of which must have been at the Director IIA

or equivalent level in the Public

Service of Ghana (for Assistant Director). In addition, must have knowledge,

experience and related certificates in the areas of: General Management, Public

Administration and Management, Policy Planning Monitoring and Evaluation,

Project Management; Change Management. A working knowledge of the Ghana legal

system is recommended.

3. RSIM

a. A head of RSIM with a minimum of 1st

Degree plus a post-graduate Diploma in

Public Administration or related discipline from a recognized University or

equivalent professional qualification (Master Degree preferably in Research, Statistics

and Information Management or Business Administration an advantage). A

minimum of 15 years working experience, three (3) of which must have been at the

senior management level in the Public Service of Ghana. A working knowledge of

the Ghana legal system is recommended.

b. A core class of 20 research officers of the grades of deputy, assistant directors or

analogous levels with a minimum of 1st Degree plus a post-graduate Diploma in

Public Administration, Social Science and Management or related discipline from

a recognized University or an equivalent professional qualification. A Masters

Degree in a related field of studies from a recognized institution shall be an

advantage with a minimum of 12 years working experience, three (3) years of

which must have been at the middle management level in the Public Service of

Ghana (for deputy directors) and a post graduate diploma in a related field with 9

years working experience, 3 years of which must have been in the Public Service

(for assistant directors). In addition, must have knowledge, experience and related

certificates in the areas of: General Management, Public Administration and

Management, Research, Statistics and Information Management, Policy

Management and Assessment Tools. Associates are assistant directors of analogous

grades. A working knowledge of the Ghana legal system is recommended.

4. HRMD: A head of human resource management with a minimum of 1st

Degree plus a post-

graduate diploma in Public Administration or related discipline from a recognised University

or and equivalent professional qualification (Masters Degree preferably in Human Resource

Development and Management or Business Administration an advantage). A minimum of

15 years working experience three (3) years of which must have been at the senior

management level in the Public Service of Ghana..

5. A financial controller who is a Chartered Accountant or similar qualification and a post-

graduate degree in finance (Masters Degree and advantage) as well as a certificate in public

administration.

Non-Core Staff


At least 20 officers with university degrees in administration, corporate or relevant discipline from a

recognized tertiary institution or 20 with HND who could be trained as Law Clerks.

3.1.2 Existing Human Resource Capacity

1. A Chief Director with BA (Hons), Post Graduate CPA (GIMPA), Post Graduate DPA

(GIMPA), a Qualifying Certificate in law (B.L.), MBA (HRM Option) with 26 years working

experience in the Civil Service.

2. Director of PPME/RSIM with a BA (Hons) History, MA in Human Resource Management,

Certificate in Public Admin. & Dip. In Public sector and BL. with 26 years working

experience in the Civil Service.

3. Acting Head of HR with a BA (Hons) in Economics & Law, Post Graduate Dip. In Public

sector Mgt. Certificate in Human Resource, Prof. Cert. in Public Admin., Director of HR

with 17 working experience in the Civil Service.

4. 12 Research officers at the RSIM all having a first degree in a Social Science from a tertiary

institution including Political Science, Statistics and Mathematics, Integrated Dev. Studies,

Communications, Political Science & Sociology, B.Ed. in social Development and Admin.,

and with one having an MPhil in Sociology with working experience ranging from 1 to 3

Years in the Civil Service.

5. 5 PPME staff with each having the following: BA (Hons) Info. Studies & Phycology; MA in

Diplomacy, Law and Global Change; HND in Info Studies, Dipl. In Law; HND in

Secretaryship & Mgt. Studies, Dip. Int. Com. Mgt. with experience ranging from 1 to 35

years in the Civil Service.

3.1.3 Recommendations

1. There are problems with disparities in salaries between staff of the MoJ and that of the

Attorney Generals Department. This is mainly due to the implication of the setting up of the

Legal Service. There is the need to delink the MoJ from the Attorney Generals Department

or to harmonise salaries of staff at the Attorney Generals Department with that of leadership

at the MoJ so long as MoJ continue to service the Attorney Generals Department.

2. In the alternative, the setting up of the administrative part of the Legal Service should be

expedited to separate the two institutions to bring goodwill and to improve the work

environment as part of the reform process.

3. There is the need to provide adequate office space for staff of the MoJ to improve the work

environment.


4. Adequate budgetary resources should be made available to improve efficiency and

effectiveness and there is the need for advocacy training to enable effective lobbying for

sufficient budgetary allocation to be made for the MoJ and its agencies.

5. There is an urgent need to stock the library to enable Attorneys associated with the MoJ to

have access to research materials to improve their efficiency in meeting their mandates.

6. A trained Librarian should be engaged to run the library and to train some assistants. The

Library staff should be given basic IT training to enable most of the laws to be scanned and

made accessible to lawyers in digital versions. Computer based research materials should

also be available at the library.

7. More Research Officers are required and need to be recruited especially for the Regions.

They should be given paralegal training to equip them to effectively monitor the work of the

lawyers working at the Attorney Generals Department and other agencies.

8. The PPME also needs more trained staff to enable it to be more efficient.

9. There is the need to employ a Director for the HRMD since leadership is essential for the

reform process. Staff at the HRMD should be given basic IT training to enable them

effectively operationalise their computer based human resource data management system.

10. The Registry staff should also be given IT training to enable them to move from the manual

to electronic file management system.

11. There is the need for continuous sensitization for staff on the role of the Ministry to enhance

their understanding. New staff should also be taken through an origination of the role of the

Ministry.

3.2 Legal Service Civil Division of the Attorney Generals Department


1. A Solicitor General with a degree in law LLB/BA and called to the Ghana Bar with at least

12 years post-call experience in senior position with a Master’s degree in law (LL.M) or in

relevant field. Additional qualifications in public administration will be beneficial.

2. A core class of sixty (60) trained Attorneys with a degree in law (LLB/BA) and called to the

Ghana Bar with at least 10 years to 6 months post-call relevant experience in the case of State

Attorneys of various grades ranging from Chief State Attorney (10 years’ experience as a

lawyer), to Principal State Attorney (5 years’ experience as a lawyer), Senior State Attorney


(5 years’ experience as a lawyer), State Attorney (3 years’ experience as a lawyer) to Assistant

State Attorney (completed 6 months pupillage).

3. A number of non-core staff to assist with their work including: Well-trained Law Clerks to

help with the filing and serving of processes and paralegals or legal research assistants to

undertake research for the Attorneys


1. There is no substantive Solicitor General in place.

2. There are 8 Chief State Attorneys one of whom is acting as the Solicitor General and all have

a law degree (LLB/BA) and have been called to the Ghana Bar(BL) and some have a Masters

Degree in a related field.

3. 6 Principal State Attorneys all with a law degrees (LLB/BA law) and called to the Ghana Bar

(BL.) with more than 5 years’ experience.

4. 15 Senior State Attorneys all with a law degree (LLB/BA Law), and called to the Ghana Bar

(BL)with not less than 5 years’ experience.

5. 11 State Attorneys all with a law degree (LLB/BA Law) and called to the Ghana Bar (BL)

with more than 3 years’ experience.

6. 7 Assistant State Attorneys all with law degrees (LLB/BA Law), and called to the Ghana Bar

(BL) with not less than 3 years’ experience.


1. There is the need to appoint a substantive Solicitor General to ensure leadership for the

reform process. The Solicitor General is expected to be in charge of the whole Legal Service

and will require training in public administration to be able to effectively manage both lawyers

and administrative staff.

2. Currently the Division has a number of Teams headed by a Chief State Attorney to facilitate

their work for various MDAs. The team members undertake litigation, review agreements,

provide legal advice among others. It is recommended that since litigation is a specialised

area and not all lawyers have the ability for it the groups should identify those with a knack

for it and to hone their skills with training and mentoring.

3. The Division needs at least 60 Attorneys of various grades to enable them to prosecute their

mandate effectively since there is a lot of pressure on those currently in place. An informal

mentoring programme is currently in place for new lawyers to the Division and this need to

be formalised as part of the orientation programme for new Attorneys.

4. All the lawyers need to be given continuous training in substantive legal topics from time to

time especially in new emerging areas as well as coaching in litigation. They will also require


further training in drafting of agreements, negotiation and opinion writing to make them

more efficient and effective.

5. The Division will also require well-trained Researchers or paralegals who will undertake

research to assist lawyers.

6. The Division will also need well trained Law Clerks who will be able to ensure that

documents are filed on time. They will also require basic understanding of some court

processes. The Law Clerks need to be given paralegal training to enhance their performance.

7. A well-equipped library and a qualified or trained librarian is also essential to improve

efficiency and effectiveness.

3.3 Legal Service Legislative Drafting of the Attorney Generals Department


1. A Director of Legislative Drafting with a degree in law (LLB/BA Law) and called to the

Ghana Bar (BL) with at least 12 years post-call experience in senior position with a Master’s

degree in relevant field.

2. A core class of twenty (20) trained Attorneys with a degree in law (LLB/BA) and called to

the Ghana Bar with at least 12 years to 1 year post-call relevant experience in the case of

State Attorneys of various grades ranging from Chief State Attorney (10 years post call

experience), to Principal State Attorney (five years post call experience), Senior State

Attorney (5 years post call experience), State Attorney (3 years post call experience) to

Assistant State Attorney (completed 6 months pupillage.

3. A number of non-core staff to assist with their work including: Well-trained research officers

to undertake research for the Attorneys as well as Law Clerks to assist with following up on

documents from Parliament and with the Printers


1. There is no substantive Director of Drafting in place. Acting Head has Diploma in Bilingual

Secretaryship, LL.B, QCL, BL with 26 years post-call experience Post Graduate Advanced

Diploma in Legislative Drafting, Executive Masters in Business Administration.

2. There are 3 Chief State Attorneys all with LLB/BA Law & BL as well as Certificate in

Legislative Drafting, with one acting as the Director of Drafting.

3. 2 Principal State Attorneys all with LLB/BA Law, BL, Certificate in Legislative Drafting.

4. 2 Senior State Attorneys all with LLB/BA Law, BL, Certificate in Legislative Drafting.

5. 2 State Attorneys all with LLB/BA Law, BL, Certificate in Legislative Drafting.


6. 4 Assistant State Attorneys LLB/BA Law, BL, Certificate in Legislative Drafting.


1. There is the need to appoint a substantive Director of Drafting to ensure leadership for the

reform process.

2. To enable it to effectively fulfill its mandate, the Division needs at least 20 Attorneys of

various grades to enable them to prosecute their mandate since there is a lot of pressure on

the 13 currently in place. This has resulted in some Attorneys scheduled to go on retirement

being retained and placed on contract

3. All the lawyers need to be given training in legislative drafting.

4. The Division could also benefit from engaging well-trained Researchers or paralegal who will

undertake research on their behalf and serve as a liaison with Parliament.

5. They will also need clerks to undertake errands with the institutions that they serve as well as

those who print the laws that they draft

3.4 Law Reform Commission


The human resource capacity required to prosecute the mandate of the Commission are as follows:

Core Staff:

1. A leader and a core class of seven (7) trained lawyers with a degree in law (LLB/BA) and

called to the Ghana Bar with at least 15 years post-call relevant experience in public or private

institution with up to five years in senior management position in the case of the leader

(Executive Director) and up to 10 years to 6 months of post-call relevant experience In case

of Legal Managers of various grades.

2. A core class of six (6) qualified persons as Research Officers of various grades with a Master’s

Degree in social science or any relevant field as a Research Officer with a minimum of 10

years to 1 year post Bachelor Degree relevant work experience.

Non-Core Staff:

1. At least one head of Human Resources and Administration with a degree and post graduate

degree in Human Resources assisted by 2 people with a degree in relevant field.


2. At one head of Finance Directorate who is a chartered accountant or recognised professional

accounting body, a minimum of a Master’s Degree in accounting, finance or any relevant

field assisted by 2 other staff with a degree in a relevant field.

3. Project Management/Public Affairs Unit with 3 staff with a degree in a relevant social science.

4. 15 other staff comprising procurement, library, IT officers, secretaries, driver, security


1. The Executive Director is a lawyer (BA Law and English) called to the Ghana Bar (BL) with

32 years post call experience, , Dip. In Law & Dev., Certificate in Research methods and

Dispute Resolution, Certificate in Comparative Law & Development, Masters Degree in

International Development and Certificate in Mgt. & Admin. She has 31 years’ experience

in legal research.

2. Legal Directorate with only one Senior Legal Manager who is a lawyer with 12 years’

experience and is due to retire in June 2016. He has a B.A. (Hons) and QCL

3. 2 Research, Monitoring & Evaluation (RM&E) Officers with staff holding BA (Hons) in

History & Philosophy with and the other BSc, in Economics Mathematics and Statistics

Masters with between 8-9 years working experience. One doubles as an IT Officer which is

under the General Services Division

4. A Director of HR & Administration with a RSA, BA (Hons) in Sociology and Phycology,

MA in Adult Education & LLB and is a Chartered HR Practitioner with 8 years working

Experience; Finance Directorate with 3 staff with the Director with a Certificate Accounting

Technician, one Finance Officer with a BA in Banking & Finance and another with the

Certificate in Basic Accounting


1. The incumbent Executive Director is a very senior lawyer who is interested in legal research.

However lack of funds to undertake research to facilitate the development of proposals for

law reform is a challenge. The incumbent Executive Director should be given training in

proposal writing and project management to enable her to lead in launching the Law Reform

Fund and getting donors to fund projects.

2. The Legal Directorate should have a Director and at least 7 other lawyers of different grades

to facilitate meeting the mandate of the Commission including: Deputy Director of Legal,

Principal Legal Manager, Senior Legal Manager, Legal Manager and Assistant Legal

Manager

3. Training in data collection and project management should be required for the Legal

Managers and Research Officers who are core staff to enable them to make them more


efficient in undertaking the research required in providing evidence for law reform. Incoming

staff should also be given an orientation on legal research and writing.

4. Research, Monitoring & Evaluation (RM&E) Directorate should have a Director of RM&E

in place and at least 5 other staff of different grades including: Deputy Director RM&E;

Principal RM&E Manager; Senior RM&E Manager; RM&E Manager and Assistant RM&E

Manager.

5. Under the General Services Division not all the Units/Directorates have staff and some

double up for other positions. It is recommended that they take a look at their Scheme of

Service again to reflect their reality

6. A newly created Unit called the Corporate Affairs Unit is yet to be filled

3.5 Council for Law Reporting


Core Staff

1. At least 30 officers with a degree in Law (LLB/BA Law) and called to the Ghana Bar (BL)

with up to 15 years post-call relevant experience in public or private institution with up to

five years in senior management position for Chief Executive Officer and between 10 years

to 6 months for Assistant Editor, Principal Legal Officer, Senior Legal Officer, Legal Officer

and Assistant Legal Officer based on requirements for grade.

2. At least 6 Proof Readers with a Bachelor’s Degree in English or Book Publishing with

between a minimum of 3 years’ experience in English or book publishing from a recognised

institution.

3. At least 10 Court Reporters with a Bachelor’s Degree or HND in secretaryship with a

minimum of 3 years’ experience.

Non-Core Staff

1. A head of administration with a post graduate degree in finance, administration or relevant

discipline from a recognised institution with minimum of 15 years’ experience 5 years of

which must be in senior management position.


2. At least two (2) Marketing Officers with a bachelor’s degree from a recognized tertiary

institution with 3 years’ experience.

3. At least two (2) IT Officers with a bachelor’s degree in relevant field from a recognised

tertiary institution with 3 years’ experience.

4. At least one (1) officer for the finance and accounting unit who is a chartered accountant and

who is a member of the ICA with 10 years post qualification experience for the head assisted

by 2 holders of bachelor’s degrees in accounting, finance or related discipline from a

recognised tertiary institution or level 3 of ICA.

5. At least ten (10) persons responsible for administration, library, procurement, stores, with

qualification in relevant discipline from a recognized tertiary institution.

3.5.2 Existing Human Resources Capacity

1. Chief Executive Officer/Editor with Diploma in Public Administration, BA (Hons) in law

and Study of Religions , BL with 28 years of experience as a lawyer who has worked in law

reporting for 27 years

2. Assistant Editors - None in place

3. Principal Law Reporters – One(1) lawyer with BA Law , BL and Masters in Business

Administration called to the Ghana Bar with over 21 years of experience as a lawyer and 11

years’ experience in law reporting.

4. Senior Law Reporter – One (1) in place with LLB & BL with 8 years’ post call experience

(on secondment from the AGs).

5. Law Reporter – Two (2) in place with LLB & BL with between 3 to 10 years post call relevant

experience.

6. Assistant Law Reporter – Five (5) in place with LLB & BL (with one on secondment from

the AGs Dept.) with between 1 to 4 years post call experience as law reporters.

7. Head of Administration has a BA in Publishing Studies and MBA .

8. Proof Reader – 2 in place with one with BA in publishing studies with 32 years working

experience and the other with a BA Business Studies, Dip. in Tour Operations, Cert. in

Broadcasting Journalism, Int. Dip. in Advertising and Public Relations, Dip. In Sales &

Marketing with 11 years working experience.

9. Court Reporters – 4 in place with qualifications in various social science courses including

(BA HR Mgt., Degree in Computer Science, Dip. in Computer Studies and Advanced Dip.

In Computer Studies) with working experience ranging from 31 to 4 years.


1. The incumbent Chief Executive Officer/Editor has passed the statutory retirement age and

is currently on contract and there is the need to groom a replacement for the position.


2. With regard to the Law Reporters there is the need to increase the numbers to enable the

Council to fulfill its mandate in a timely manner. The following should be considered:

a. Assistant Editors – appoint 3 qualified persons into position;

b. Principal Law Reporters – appoint 3 more into position;

c. Senior Law Reporters – Appoint 5 more;

d. Law Reporters – Appoint 6 more;

e. Assistant Law Reporter – Appoint 5 more;

f. Proof Readers – Appoint 4 more.

g. Court Reporters – Appoint 8 more

3. There currently is a mentoring programme in place to equip new lawyers with skills to be

able to work. A training manual has also been developed to facilitate this training. There is

the need to improve upon this and to institutionalise it.

4. The Marketing office needs additional staff to augment the existing ones to enable them to

spearhead the marketing drive to sell the stock of law reports.

5. The IT Unit should be established and staff recruited to assist with trouble shooting, establish

and maintain a website and to assist in designing an online law reporting system.

6. The Council had earlier licensed two companies to publish its existing law reports on line.

There is the need to consider the mandate under which this was done and to give them legal

backing to do more of such outsourcing on good commercial terms.

7. All persons appointed should be mentored by those already in place and be given IT training

to improve their efficiency. The Proof Readers and Court Reporters should receive IT

training as well as paralegal training to make them familiar with legal terms and language


SECTION 4: CONCLUSIONS AND RECOMMENDATIONS

Findings from data collected from the five justice and legal sector institutions identifies gaps in the

delivery of their service and their training needs. Details of the gaps and training needs are

summarised in Appendix 2.

Conclusions and Recommendations

There is the need to address the problem of understaffing in some of the agencies to enable them

have the critical number of staff necessary to make them productive in their area of work. Such staff

will have to be properly oriented and trained to make them effective and efficient.

This report has given the key findings from the needs assessment undertaken from the MoJ and four

legal sector institutions identifying gaps and making recommendations to improve their efficiency

and effectiveness as part of the reform process. Some of the training needs identified include the

following:

1) There is the need for orientation/re-orientation for staff in all the institutions (including newly

recruited staff) to enhance their appreciation of their individual and collective roles in

meeting the mandate of their individual intuitions/organizations.

2) The need for continuous professional development for all lawyers within the legal sector in

their areas of specialization, and job specific training for identified staff in the various

institutions. Formal training should be specific and targeted to enhance their respective skills

and improve job performance. Coaching and mentoring programmes, as well as in-service

training can also be utilized to enhance skills to improve efficiency.

3) Computer training was identified by all institutions, which should go hand in hand with

specialised software to enhance their work. Infrastructural needs also need to be addressed.

4) The Ministry of Justice needs to align its staff needs with its mandate and ensure that key

staffs have legal training to facilitate their role. Its library should be equipped and modernized

to serve lawyers within its agencies. Key positions within the Ministry and agencies need to

be filled.

5) The administrative unit of the Legal Service needs to be put in place to enable the Service

have a core of well-trained administrative staff to effectively support their work (including

Law Clerks).

6) With respect to the Legal Service Civil Division, enhancement of litigation skills of the

lawyers and in other specialised areas is key to improving their efficiency. In addition there

is also a need for the engagement and training of Court Clerks with paralegal skills to enable

them effectively help lawyers with their work.


7) With regard to the Legal Service Legislative Drafting Division, ensuring that lawyers are given

training skills on legislative drafting and in specialised areas of the law will enhance their

work. Their work should be supported by trained researchers and Law Clerks.

8) Training is needed for lawyers and research officers of the Law Reform Commission and

their researchers to equip them to write project proposals to source for funding for the Law

Reform Fund to facilitate their research work and training to enhance their legal research

and writing skills.

9) Internship for lawyers of the Council for Law Reporting in other law reporting institutions

will greatly enhance their work. Current staffs including Proof Readers, Law Reporters and

administrative staff also need training in information technology (IT) and marketing to enable

them modernize the law reporting system they currently use and market their products.

The findings from each institution once validated by that institution will guide in developing a training

plan for the institution concerned.


APPENDICES


Appendix 1: Summary Review of Institutional Mandate

Ministry of Justice

Mandate/Function Organisational Capacity Required Comments and Recommendations

The Ministry is to support the justice sector in

achieving its objectives which are:4

a. To increase the capacity of the legal system

to enhance speedy and affordable access to

justice for all.

b. To review the 1992 Constitution and

conflicting Acts of Parliament towards

amendment where necessary.

c. To promote transparency and

accountability and reduce opportunities for

rent seeking.

d. Effective awareness creation on laws for

the protection of the vulnerable and

excluded.

e. To improve database for policy formulation,

analysis and decision making.

f. To develop and retain Human Resources at

National, Regional and District levels.

Core Officers with;


2. Officers with knowledge of the justice system and the Ghana Legal system

3. Experience in the formulation of policies and monitoring and evaluation

4. Experience in undertaking research and documentation of problems with the justice sector.

5. Experience in human resource and management

6. Experience in finance


Experience in Public Administration

management, secretaryship and clerical work

1. The Draft Scheme of Service for the MoJAGD does not make any reference to the role of the lawyers who are within the Attorney Generals Department and this does not make the document complete and makes it difficult to meet the stated objectives. There is a need to look at the document again to factor in the role of the various justice institutions in meeting the objectives of the Ministry.

2. The MOJ using the Civil Service Scheme of Service which makes provision for the various categories of staff in the various directorates in the Civil service with specific reference to the core areas in the MOJ to include the PPME Directorate as well and the Research Statistics and information Management Directorate are key institutions within the Ministry that can help with its mandate. Whilst research forms the bedrock to acquiring relevant data to contribute in the achievement of the core mandate of the MOJ, the Research officers do not have the requisite qualification to

4 Draft Organisational Manual of the Ministry of Justice and Attorney Generals Department, MSD 8/9/2014



undertake assignments. It is recommended that they are taken through a structured training and mentoring programme to enable them function effectively.

3. The Director of PPME doubles as the Director of RSIM which will dilute the contribution to the mandate by the two directorates. There is the need to have separate heads for the two directorates

4. There are no clear cut roles for staff in the MoJ. Most of them would therefore need some paralegal training to appreciate the systems and structures of the Legal System and thereby be in a position put In place and be better placed to contribute positively towards the achievement of the mandate. They will also be better able to continue to provide services to the lawyers within the Legal Service until they set up their own administrative unit.

5. Capacity building for staff should include computing to enable them to modernize their filing and other systems.

6. There appears to be lack of training for the administrative and other support staff. The administrative support feel marginalized and left out in almost “everything”, specifically, training, remuneration and respect among others. There is the need to address this to make them provide better support services to meet the mandate of the Ministry


Legal Service Civil Division of the Attorney Generals Department


Forms part of the Attorney Generals Department

under Article 88 of the 1992 Constitution that

provides legal advice and services to the

Government. The Division also falls under the Legal

Service set up under Article 190 and the Legal

Service Act, 1993 (P.N.D.C.L. 32). It is responsible for

the institution and conduct of all civil cases on

behalf of the State; and all civil proceedings against

the State shall be instituted against the Attorney-

General as defendant. Their mandate includes the

following:

1. Representing the state in all civil proceedings against the government.

2. Reviewing agreements to be entered into by the state including national, bilateral and multilateral one.

3. Providing legal advice on issues referred by Ministries Departments and Agencies

Core Officers with;







Experience in legal research and writing, Public

Administration management, secretaryship and

clerical work

1. The Legal Service Act, 1993 (P.N.D.C.L.

320) sets out the Legal Service which is expected to have an administrative unit and this has not been done yet. Provision is made in section 15 for administrative and secretarial staff for the service the Head of Civil Service shall provide some for them and this is being provided by the Ministry of Justice. There are however complaints about the disparities in salaries and this can have an impact on the type of services provided which may hamper achieving the mandate of the Division. It is recommended that with the passage of the Legal Service Regulations, 2014 (L.I. 2210) administrative unit should be set up.

2. The administrative unit of the Legal Service should include researchers or paralegals that can support the work of the Division with legal research, proof reading as well as clerical services. They should all be given appropriate training to enable them to support the work of the Division to achieve their mandate


Legal Service Legislative Drafting Division of the Attorney Generals Department


Forms part of the Attorney Generals set up under

Article 88 of the 1992 Constitution that provides

legal advice and services to the Government.

Division is responsible for the provision of technical

support for legislative drafting and scope of work

includes the following:

(1) Drafting Bills based on drafting instructions from Ministries, Departments and Agencies and prepare explanatory memoranda for the Bills

(2) Drafting Subsidiary Legislation which include Constitutional Instruments, Bye-Laws and Gazette Notices of a Legal nature.

(3) Preparing Cabinet memoranda for the policy approval of Bills and for Bills to be laid before Parliament.

(4) Arrange the printing and publication of enactments in the Gazette with the Government printer, Assembly press after editing and proof reading.

(5) Gives advice to Ministries, Departments and Agencies on the interpretation of statutes and legal matters generally.

(6) Prepares the index to substantive and subsidiary legislation.

(7) Conducts legal research and identifies legislation

(8) Represents the Attorney General on governing bodies

Core Officers with;



3. Knowledge of legislative drafting including ability to transform drafting instructions into legislation and to advise MDAs on preparation of laws

4. Ability to prepare Cabinet memoranda and attending Cabinet meetings and take notes to review draft legislation at Cabinet and also at Parliament

5. Understanding of the Parliamentary process and writing of reports

Non-Core officers with; Experience in legal research and writing, Public Administration management, secretaryship and clerical work

1. The Legal Service Act, 1993 (PNDCL 320)

sets out the Legal Service which is expected to have an administrative unit and this has not been done yet. Provision is made in section 15 for administrative and secretarial staff for the service the Head of Civil Service shall provide some for them and this is being provided by the Ministry of Justice. There are however complaints about the disparities in salaries and this can have an impact on the type of services provided which may hamper achieving the mandate of the Division. It is recommended that with the passage of the Legal Service Regulations, 2014 (L.I. 2210) administrative unit should be set up.

2. The administrative unit of the Legal Service should include researchers or paralegals that can support the work of the Division with legal research, proof reading as well as clerical services. They should be given appropriate training to enable them to support the work of the Division to achieve their mandate.



(9) Explains the enactment process (10) Provides assistance to parliament

in connection with legislation and (11) Provides advice to Cabinet sub-

committees




Prepare and publish the Ghana Law Reports

(the official Law Reports) containing the

judgments, opinions and rulings of the superior

courts of Ghana and such other legal

publications compatible with the publication of

the Law Reports

Publish the Review of Ghana Law (RGL)

containing well-researched and learned

articles, comments, and critiques of both the

academic and practical aspects of the law.

Core staff of:

1. Leadership, mentoring and management skills 2. Officers with knowledge of the Ghana Legal

System 3. Knowledge of English grammar and syntax 4. Ability to identify cases which are reportable

and cases which show novel development 5. Ability to do legal research 6. Proof readers with experience in book

publishing 7. Court reporters with experience in reporting

court cases and in typing

Non-Core staff;

Experience in Public Administration management, IT

and marketing

1. In the Draft Scheme of Service for the Council, Proof Readers and Court Reporters are under non-core staff but from a description of the role they play in the process of preparing law reports, they should be considered as core-staff and this should be taken into consideration in finalising their draft.

2. One of the key challenges faced by the Council is marketing the reports they produce. They have a stack of printed reports in storage that they have not been able to sell. They only have one Marketing Officer as one of their non-core staff. It is recommended that since marketing is a key part of their work all key staff from the Editor down to other staff should receive training on marketing. This will enable them to scan the market to see what other competitors are doing and to find ways to produce reports that are marketable.

3. Currently the competition includes online reports which are being sold. The Council is considering getting onto this market and will need a strong IT Department to enable it to be equipped to do so.




Promotion of law reform in the country including:

a) Receiving, considering and making proposals for the initiation and reform of any law in the country;

b) Preparing and submitting proposals for the examination of different aspects of the law including recommendations for the codification and consolidation of legislation;

c) Making practical proposals for the development, simplifications and modernization of the law;

d) Advising the Minister on policies for law reform;

e) Undertaking the examination of particular areas of the law and formulating proposals for reform after appropriate research;

f) Providing advice and information to Ministries, Departments and Agencies and the private sector for the reform or amendment of a law;

g) Obtaining information on the legal systems of other countries that may facilitate the performance of its function; and

h) Performing any other functions that are ancillary to the object of the Commission

Core Staff with;


2. Officers with knowledge of the Ghana Legal system

3. Knowledge of and ability to do legal research and writing skills with ability to write in English grammar

4. Ability to undertake research to identify issues or areas of the law that needs reform and to write reports making a case for evidence based reform



Experience in Public Administration management,

legal research as well as project management

The Scheme of Service makes room for a leader in the form of an Executive Director who is responsible for all Divisions and an Operations Division and General Services Division headed by a Director. It makes room for the Directors of the Divisions to fill the position of the Executive Director in future and there is the need for training in management and leadership for them to equip them for leadership.

The Operations Division is expected to have the Legal Directorate and Research, Monitoring & Evaluation (RM&E) Directorate. A Project Management Directorate would have given them a project management orientation to facilitate research for evidence based law reform and help to raise funds in undertaking their mandate.

Under the General Services Division a new unit called the Corporate Affairs Unit is expected to be set up with a Principal Corporate Affairs Manager heading it and assisted by Senior Corporate Affairs Manager, Corporate Affairs Manager and an Assistant Corporate Affairs manager. This Unit is expected to provide technical and operational leadership for the corporate, communication and protocol



affairs of the Commission. The entry requirements for the position are a person called to the Ghana Bar with 6 years standing and a Master’s Degree in relevant field who has passed the entry interview. It is not very certain if this unit can effectively help the Commission to prosecute its mandate effectively. It will be important to expand their role to include fund raising for the Law Reform Fund as well to enable the RM&E to use the funds for their research.

The law allows the setting up of a Law Reform Fund with sources including: funds approved by parliament, from performance of its functions as well as donations, grants and gifts to enable it to undertake projects for the development and reform of the law among others. Launching and utilizing the Fund will create an opportunity for the Commission to have access to donor funds to facilitate its work. There is however a need to look at the provisions in PNDCL 320 on the operation of the Fund and proposals made to amend it to ease access to it.


Appendix 2: Summary Findings of Human Resource Gaps

Ministry of Justice

Organisational Mandate Capacity Required

HR Capacity Required Existing HR Capacity Recommendations

Core Officers with;









management, secretaryship and

clerical work

Core Officers with;

Core Staff:

1. A head of administration with a degree in law and training in public administration and a Master’s degree in a related field.

2. A head of PPME with training in administration and project administration, with paralegal training assisted by at least and 10 staff with degrees in Social Science from recognised universities.

3. A head of research with training in administration, paralegal training and a Masters in a related field with 20 researchers with a degree from a recognised tertiary institution

4. A human resource management expert with a degree in human resource management from a recognised tertiary institution and a certificate in public administration as head

1. A Chief Director with BA (Hons), LLB

2. Director of PPME/RSIM with a BA (Hons) History, MA in Human Resource Management, Certificate in Public Admin. & Dip. In same and BL. With .. working experience

3. Acting Head of HR with a BA(Hons) in Economics & Law, Post Graduate Dip. In Public sector Mgt,. Certificate in Human Resource, Prof. Cert. in Public Admin., Director of HR with … working experience

4. 12 Research officers with all having BA(Hons) in a Social Science including Political Science, Statistics and Mathematics, Integrated Dev. Studies, Communications, Political Science & Sociology, B.Ed. in social Development and

1. There are problems with

disparities in salaries between staff of the MoJ and that of the AGs Department. This is mainly due to the implication of the setting up of the Legal Service. there is the need to delink the MoJ from the AGs Department or to harmonise salaries of staff at the Attorney Generals Department with that of leadership at the MoJ so long as they continue to service them.

2. In the alternative the setting up of the administrative part of the Legal Service should be expedited to separate the two institutions to bring goodwill and to improve the work environment as part of the reform process













clerical work

with a staff of 5 with a degree from a recognised university or HND..

5. A financial controller with CA or similar qualification and a post-graduate degree in finance as well as a certificate in public administration with 5 other staff with qualifications in accounting and finance .

Non-Core Staff

At least 94 officers with university

degrees in administration, corporate

or relevant discipline from a

recognized tertiary institution or HND

Admin., and with one having an MPhil in Sociology.

5. 6 PPME staff with each having the following: BA(Hons) Info. Studies & Phycology; MA in Diplomacy, Law and Global Change; HND in Info Studies, Dipl. In Law; HND in Secretaryship & Mgt. Studies, Dip. In Int. Com. Mgt.


Legal Service Civil Division of the Attorney Generals Department



Core Officers with;







Experience in legal research and

writing, Public Administration


clerical work

1. A Solicitor General with a degree in law LLB/BA and called to the Ghana Bar with 12 years post-call experience in senior position with a Master’s degree law (LLM) or in relevant field.

2. A core class of sixty (60) trained Attorneys with a degree in law (LLB/BA) and called to the Ghana Bar with at least 12 years to 6 months post-call relevant experience in the case of State Attorneys of various grades ranging from Chief State Attorney, to Principal State Attorney, Senior State Attorney, State Attorney to Assistant State Attorney.

3. A number of non-core staff to assist with their work including: Well-trained Law Clerks to help with the filing and serving of processes and paralegals or legal research assistants to undertake research for the Attorneys

1. There is no substantive Solicitor General in place.

2. There are 8 Chief State Attorneys one of whom is acting as the Director of Drafting all with LLB, BL and a Masters Degree

3. 6 Principal State Attorneys all with LLB, BL.

4. 15 Senior State Attorneys all with LLB, BL

5. 11 State Attorneys all with LLB, BL

6. 7 Assistant State Attorneys all with LLB/BA(Hons) Law, BL

1. There is the need to appoint a

substantive Solicitor General to ensure leadership for the reform process. The Solicitor General is expected to be in charge of the Legal Service and needs training in public administration to be able to effectively manage both lawyers and administrative staff.

2. Currently the Division has a number of Teams headed by a Chief State Attorney who is specialised in an area of law. Team members are aligned to help specified MDAs. Each attorney is expected to undertake litigation, review agreement, provide legal advice among others. It is recommended that since litigation is a specialised area and not all lawyers have the knack for it the groups should identify those with a knack for it and to hone their skills with training and mentoring.

3. The Division needs at least 20 Attorneys of various grades to enable them to prosecute their mandate since there is a lot of




pressure on those currently in place. This has resulted in a lot of pressure bring put on those in place.

4. All the lawyers need to be given continuous training in litigation, drafting of agreement, negotiation and opinion writing.

5. The Division will also benefit from well-trained Researchers or paralegal who will undertake research on their behalf.

6. They will also need well trained Law Clerks who will be able to ensure that documents are filed on time.

7. A well-equipped library is also essential to ease legal research required to stay on top of litigation.


Legal Service Legislative Drafting Division of the Attorney Generals Department

Organisational Mandate Capacity

Required


Core Officers with;



3. Knowledge of legislative drafting including ability to transform drafting instructions into legislation and to advise MDAs on preparation of laws

4. Ability to prepare Cabinet memoranda and attending Cabinet meetings and take notes to review draft legislation at Cabinet and also at Parliament

5. Understanding of the Parliamentary process and writing of reports

1. A Director of Legislative Drafting with a degree in law LLB/BA and called to the Ghana Bar with 12 years post-call experience in senior position with a Master’s degree in relevant field.

2. A core class of twenty (22) trained Attorneys with a degree in law (LLB/BA) and called to the Ghana Bar with at least 12 years to 6 months post-call relevant experience in the case of State Attorneys of various grades ranging from Chief State Attorney, to Principal State Attorney, Senior State Attorney, State Attorney to Assistant State Attorney.

3. A number of non-core staff to assist with their work including: Well-trained research officers to undertake research for the Attorneys as well as Law Clerks to assist with following up on documents from Parliament and with the Printers

1. There is no substantive Director of Drafting in place.

2. There are 3 Chief State Attorneys all with LLB & BL as well as Certificate in Legislative Drafting, with one with a Masters Degree and acting as the Director of Drafting.

3. 2 Principal State Attorneys all with LLB, BL, Certificate in Legislative Drafting.

4. 2 Senior State Attorneys all with LLB, BL, Certificate in Legislative Drafting.

5. 2 State Attorneys all with LLB, BL, Certificate in Legislative Drafting.

7. 4 Assistant State Attorneys LLB, BL, Certificate in Legislative Drafting.

1. There is the need to appoint a substantive Director of Drafting to ensure leadership for the reform process.

2. To enable it to effectively fulfill its mandate, the Division needs at least 20 Attorneys of various grades to enable them to prosecute their mandate since there is a lot of pressure on the 13 currently in place. This has resulted in some of the Attorneys that are to go on retirement being placed on contract

3. All the lawyers need to be given training in legislative drafting.

4. The Division will also benefit from engaging well-trained Researchers or paralegals who will undertake research on their behalf and serve as a liaison with Parliament.

5. They will also need clerks to undertake errands with the institutions that that serve as well as those who print the laws that they draft





Core staff of:


2. Officers with knowledge of the Ghana Legal System

3. Knowledge of English grammar and syntax

4. Ability to identify cases which are reportable and cases which show novel development

5. Ability to do legal research 6. Proof readers with

experience in book publishing

7. Court reporters with experience in reporting court cases and in typing

Non-Core staff;


management, IT and marketing

Core Staff

At least 30 officers with at least a

degree in Law (LLB/BA Law) and called

to the bar with up to 15 years post-

call relevant experience in public or

private institution with up to five

years in senior management position

for Chief Executive Officer and

between 10 years to 6 months for

Assistant Editor, Principal Legal

Officer, Senior Legal Officer, Legal

Officer and Assistant Legal Officer

based on requirements for grade.

At least 6 Proof Readers with a

Bachelor’s Degree in English of Book

Publishing with up to 15 years’

experience in book publishing or

relevant field.

At least 10 Court Reporters with a

Bachelor’s Degree in English of Book

Publishing with up to 15 years’

1. Chief Executive Officer/Editor with BA (Hons) in law and sociology, BL with 28 years of experience as a lawyer who has worked in law reporting for 27 years

2. Assistant Editors - None in place

3. Principal Law Reporters – One lawyer with LLB, BL and Masters Business Administration called to the Ghana Bar with over 21 years of experience as a lawyer and 11 years’ experience in law reporting

4. Senior Law Reporter – One (1) in place with LLB & BL with … experience (on secondment from the AGs).

5. Law Reporter – Two (2) in place with LLB & BL

6. Assistant Law Reporter – Five (5) in place with LLB & BL (with one on secondment from the AGs Dept.)

7. Proof Reader – 2 in place with one with BA in publishing studies with 32 years working

1. The incumbent Chief Executive Officer/Editor has passed the statutory retirement age and is currently on contract and there is the need to groom a replacement for the position. It is It is recommended that since

marketing is an important part of

their work all key staff from the

Chief Executive Officer down

should receive basic

training/orientation in

marketing. This will enable them

to engage the market to see

what other competitors are

doing and to find ways to

produce reports that are

marketable.

2. With regard to the Law

Reporters there is the need to increase the numbers to enable the Council fulfilling its mandate in a timely manner. The following should be considered: Assistant Editors – appoint 3 qualified persons into position;




experience in secretaryship or

relevant field.

Non-Core Staff

At least2officers with a post graduate

degree in finance, administration or

relevant discipline from a recognized

tertiary institution

At least 2officers with a bachelor’s

from a recognized tertiary institution

At least 2 officers with up to 15 years

post-call relevant experience in public

or private institution with up to five

years in senior management position

or public service

experience and the other with a BA Business Studies, Dip. in Tour Operations, Cert. in Broadcasting Journalism, Int. Dip. in advertising and Public Relations, Dip. In Sales & Marketing with 11 years working experience.

8. Court Reporters – 4 in place with one with a Degree in HR Mgt., Degree in Computer Science, Dip. in Computer Studies and Advanced Dip. In Computer Studies.

9. Head of Administration has a BA in Publishing Studies and MBA.

Principal Law Reporters – appoint 3 more into position; Senior Law Reporters – Appoint 5 more; Law Reporters – Appoint 6 more; Assistant Law Reporter – Appoint 5 more;

3. Proof Readers – Appoint 4 more.

4. Court Reporters – Appoint 8 more

5. The Marketing office needs additional staff to augment the existing ones to enable them to spearhead the marketing drive to sell the stock of law reports. The Law reporters will benefit from intense computer training as well as specialized internship opportunities in developed common law jurisdictions.

6. The IT Unit should be established and staff recruited to assist with trouble shooting, establish and maintain a website and to assist in designing an online law reporting system. The IT staff recruited should undergo frequent refresher courses and upgraded software training in the IT




field. Paralegal training is also recommended.

7. The Council had earlier licensed two companies to publish its existing law reports on line. There is the need to monitor and train key staff to ensure that the council gets the maximum benefit from contracts entered into.

8. All persons appointed should be mentored by those already in place and be given IT training to improve their efficiency.

9. The Proof Readers and Court Reporters should receive IT training as well as paralegal training to make them familiar with legal terms and language





Core Officers with;


2. Officers with knowledge of the Ghana Legal system

3. Knowledge of and ability to do legal research and writing skills with ability to write in English grammar

4. Ability to undertake research to identify issues or areas of the law that needs reform and to write reports making a case for evidence based reform



Experience in Public Administration management as well as project management

Core Staff:

1. A leader and a core class of seven (7) trained lawyers with a degree in law (LLB/BA) and called to the Ghana Bar with at least 15 years post-call relevant experience in public or private institution with up to five years in senior management position in the case of the leader and up to 10 years to 6 months of post-call relevant experience In case of Legal Managers of various grades.

2. A core class of six (6) qualified persons as Research Officers of various grades with a Master’s Degree in social science or any relevant field as a Research Officer with a minimum of 10 years to 3 years post Bachelor Degree relevant work experience.

Training in data collection and project management for any of the

1. Executive Director – A lawyer called to the Ghana Bar with 32 years standing, with a BA in Law and English, BL, Dip. In Law & Dev., Certificate in Research methods and Dispute Resolution, Certificate in Comparative Law & Development, Masters Degree in international Development and Certificate in Mgt. & Admin. With 31 years’ experience in legal research.

2. Legal Directorate with only one Senior Legal Manager who is a lawyer with 12 year experience and is due to retire in June 2016. He has a B.A. (Hons) and QCL

3. 2 Research, Monitoring & Evaluation (RM&E) Officers with staff holding BA (Hons) in History & Philosophy with 9 years’ experience as a researcher and the other BSc, in Economics Mathematics. and Statistics Masters with 4

1. The incumbent Executive

Director is a very senior lawyer who is interested in legal research. However lack of funds to undertake research leading to proposals for law reform is a challenge. The incumbent should be given training in proposal writing and project management to enable her to lead in launching the Law Reform Fund and getting donors to fund projects.

2. The Legal Directorate should have a Director and at least 7 other lawyers of different grades to facilitate meeting the mandate of the Commission including: Deputy Director of Legal, Principal Legal Manager, Senior Legal Manager, Legal Manager and Assistant Legal Manager

3. Research, Monitoring & Evaluation (RM&E) Directorate should have a Director of RM&E in place and at least 5 other staff of




core staff will be a necessary requirement

Non-Core Staff

At least 15- officers with a post

graduate degree in finance,

administration, corporate or relevant

discipline from a recognized tertiary

institution

years working experience. One doubles as an IT Officer which is under the General Services Division

4. A Director of HR & Administration with a RSA, BA(Hons) in Sociology and Phycology, MA in Adult Education & LLB and is a Chartered HR Practitioner with 8 years’ experience; Finance Directorate with 3 staff with the Director with a Certificate Accounting Technician, one Finance Officer with a BA in Banking & Finance, and another with the Certificate in Basic Accounting with the Unit, Library Unit, Secretarial, Transport Unit and Security Unit with professionals and sub-professionals in various fields filling the space in Social Science.

different grades including: Deputy Director RM&E; Principal RM&E Manager; Senior RM&E Manager; RM&E Manager and Assistant RM&E Manager.

4. Under the General Services Division not all the Units/Directorates have staff and some double up for other positions. It is recommended that they take a look at their Scheme of Service again to reflect their reality


Appendix 3: References

List of laws reviewed

1992 Constitution of the Republic of Ghana

Civil Service Law, 1993 (PNDCL 327)

Council for Law Reporting Act, 1972 (NRCD 64)

Council for Law Reporting (Amendment) Law, 1988 (P.N.D.C.L. 194)

Council for Law Reporting (Amendment) Law, 1990 (P.N.D.C.L. 234)

Law Officers Act, 1974 (N.R.C.D. 279)

Law Reform Commission, 2011 (Act 822)

Legal Service Act, 1993 (P.N.D.C.L. 320)

Legal Service Regulations, 2014 (L.I. 2210)

Organizational Manual, Ministry of Justice and Attorney Generals Department, Management

Services Department 2014 (Draft)

Public Services Commission Act, 1994 (Act 482)

List of documents reviewed

2015 Annual Action Plan for Law Reform Commission

Ghana Civil Service, Employee Handbook (2013)

Civil Service Training School Manual (2013)

Law Reform Commission (undated brochure)

Legal Service Scheme of Service (Draft of 3/7/15)

Organizational Manual, Ministry of Justice and Attorney Generals Department, Management

Services Department, (Draft of 2014)

Ministry of Justice & Attorney-General’s Department, Legislative Drafting Division (undated

pamphlet)


Programme Documents for Legal Service and Justice Sector Reform: Improving Quality of Legal

Service and Justice Delivery in Ghana, 2014-2016

Scheme of Service for the Council for Law Reporting (Draft of May, 2013)

Scheme of Service for the Law Reform Commission (January, 2015)

Scheme of Service for Administrative Class (2012)

Scheme of Service for the Internal Audit Class of the Ghana Public Service (May 2013)

Scheme of Service for the Accounting Class of the Ghana Civil Service (June 2012)