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Published online by Cambridge University Press: 28 July 2009
This article examines the use of the law by the state to achieve its aim of social justice. It focuses on how, through a series of laws, the state has endeavoured to regulate private sector residential rents at the lower end of the market (up to a ceiling of 1,000.00 cedis) and the occupation of residential accommodation. An analysis is thus given of the nature of the laws in question as well as the institutions and organs of the state that were either set up, or had the scope of their powers broadened, in pursuance of the state's objectives.
On 31 December, 1981 a military junta, the Provisional National Defence Council (PNDC) assumed power in Ghana. It had as one of the cornerstones of its political agenda the establishment of “true democracy” for all Ghanaians who, according to the new rulers, had been denied this right by previous civilian and military regimes. As a consequence, the PNDC enacted Law 42 which encapsulated in part the Directive Principles of State Policy (hereinafter the Directive Principles).
1 Provisional National Defence Council, PNDC (Establishment) Proclamation, 1981.
2 PNDC (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982, PNDC Law 42, which came into force on 30 December, 1982.
3 Rent Control Ordinance No. 30 of 1947. Printed in the Annual Volume of the Laws of the Gold Coast 1948, Accra, Gold Coast.Google Scholar
4 Subsequent laws that amended the RCO were: Rent Control (Amendment) Act, 1963; Rent (Amendment) Decree, 1973 (National Redemption Council Decree 158); Rent (Amendment Decree), 1974 (National Redemption Council Decree 250); Rent (Amendment) (No. 2) Decree, 1979 (Armed Forces Revolutionary Council Decree 20).
5 General exceptions to Law 5 are outlined in sections 1 and 2.
6 The People's Defence Committees were, in the words of the Head of State Flight Lieutenant Rawlings, “… institutions [which] provided for the first time a mechanism by which the man in the street can take a meaningful part in the political process …”, “No turning back (a message to the nation)”, National Defence Committee Press, Accra, Ghana, (no date). Reiteration of the role of the PDCs and WDCs was stressed in a speech on 5 January, 1982. The Head of State emphasized that “These Defence Committees are to defend the democratic rights of the people and expose corruption and anything which can undermine the revolution”. “Bringing the people into decision-making”, Speech by Fit. Lt. Rawlings on 5 January, 1982, Reported in West Africa 11 January, 1992.
7 Section 3. The Rent Control Units were units under the control of the Ministry responsible for Works and Housing or such other body as the PNDC may designate for the purpose of Law 7. Sec section 11 of PNDC Law 7.
8 This interpretation can be construed from the wording of sections 3 and 4.
9 PNDC Law 138 was amended by PNDC Law 163. Very few substantive changes were made to Law 138. Under paragraph (a) of Law 163, subsection (4) of section (1) Law 138 was restricted to the raising of rents in respect of residential premises specified in the schedule to law 138. This amendment had the effect of reinforcing the landlord's rights over; his property. Under paragraph (b) of Law 163 Rent and Housing Committees were now to; be established in all District Councils in areas under their control thus widening the concept and amending subsection (1) of section 8 of Law 138. Section 11 regarding the powers of the RHCs was also amended by Law 163. Under Law 138, the RHC had the power to enter and inspect any residential accommodation and to seek expert advice in respect of any matter relating to residential premises. Law 163 however restricted the powers of the RHCs to enter and inspect residential accommodation or premises “to which this Law applies” and also the power to seek expert technical advice was limited to the premises specified by Law 163.
10 Section 8(1).
11 Section 8(2)(a).
12 Section 8(2)(d).
13 Section 8(2)(f).
14 Section 9.
15 Under section 8(5) every RHC was to be registered with the Zonal Co-ordinating Office by the Committee for the Defence of the Revolution (CDR); section 8(6) empowered the CDR to remove a member of an RHC if the CDR after investigations is satisfied that the member of the RHC has committed any of the offences stipulated in section 8(6) (a–c), and section 14(7) also required the RHC to submit a monthly report to the CDR, the Zonal Co-ordinating Office and the Secretary for Housing. The Secretary for Housing could also assign functions to the RHC by virtue of section 9(e), and the Public Tribunals also had the power to review the decisions of an RHC. See sections 14(1) and (4).
16 The Public Tribunals were originally established by PNDC Law 24 (Public Tribunals) Law section (1). PNDC Law 78 (Public Tribunals) Law repealed Law 24. Later amendments to PNDC Law 78 were given effect to in PNDC Law 108 Public Tribunals (Amendment) Law, 1985 and PNDC Law 213 Public Tribunals (Amendment) Law, 1989.
17 A revolutionary change in economic policy and direction began when the PNDC outlined its Economic Recovery Programme in 1983. The commitment to laissez faire economics was stated in a goverment policy paper. The PNDC was now conscious of the fact “that, “As regards price controls, the Government is aware that a rigid system … discourages production and legitimate economic activities …”. Report prepared by the Government of Ghana for the second meeting of the Consultative Groupfor Ghana, Paris, December 1984, Accra, November 1984, para. 21, at 6. For aspects of the Economic Recovery Programme, see John, Loxley, Economic Change in Ghana: Economic Crisis and the Long Road to Recovery, Ottawa, Canada, 1988.Google Scholar