The Minister for Local Government and Rural Development, Hajia Alima Mahama, has indicated that the cost of gazetting by-laws and publishing in the Daily Newspapers for national circulation is high.
Hajia Alima pointed out that since it is a legal requirement to publish by-laws in the National newspapers, the Local Government and Rural Development Ministry has no option than to abide by the high cost of publication and gazetting.
She stated at the Plenary that the Local Governance Act, 2016 (Act 936) requires that, by-laws are published in the national newspapers for public notification and reading.
Answering a question by the Member of Parliament for Sene East, Mr. Dominic Napare, on how the Local Government Ministry will give effect to the provision of notices in compliance with the Local Governance Act, Hajia Alima noted that the Minister cannot by Legislative Instrument, liberate the District Assemblies from high cost of Gazetting by-laws and fee-fixing resolutions.
She reiterated that the Fee-Fixing Guidelines is a document of sixty pages and the Metropolitan, Municipal and District Authorities (MMDAs) normally select the relevant or District specific revenue items which range from twenty to fifty pages for their fee-fixing resolutions.
The Local Government and Rural Development Minister explained that the cost of a page of fee-fixing resolution according to the Ghana Publishing Company Limited (Assembly Press), is GH¢200.00.
She, however, averred that although the fee-fixing resolution is exorbitant, the Ministry can only negotiate with Assembly Press but cannot use a Regulation to reduce the cost.
She informed the House that an option would be, to amend the law and that the Ministry is reviewing the situation to take a decision as to whether an amendment would be appropriate or not.
She disclosed to the House that all the MMDAs have prepared their fee-fixing resolutions based on the Fee-Fixing Guidelines.
She added that the Ministry has engaged the Assembly Press on the high cost of Gazetting by-laws and fee-fixing resolutions, after receiving complaints from the various Assemblies.
She noted that the Ministry was informed that the Assembly Press is working towards establishing an electronic Gazetting System, which is expected to lower the cost and delays in the Gazetting process.
Hajia Alima recounted that a Fee-Fixing Guidelines was issued in 2017, to guide MMDAs in the preparation of their fee-fixing resolutions and that stakeholders including Advertising and Telecommunication Companies, Association of Ghana Industries and Professional Bodies were engaged on the Guidelines.
“I assured this House that, the Ministry is in the process of finalising the Legislative Instrument on the Act which should include Regulations on the Provision of notices required by Section 232 of Act 936”, she added.
She explained on the floor of the House that Section 41 of Act 936, on participation in by-laws and fee-fixing resolutions, requires the dissemination of any by-law and fee-fixing resolutions as wide as possible.
The Local Governance Act, 2016 (Act 936)
The Local Governance Act, 2016 (Act 936) mandates the Ministry of Local Government and Rural development to gazette and publish by-laws.
Section 182(4) of Local Governance Act, 2016 (Act 936) states that a by-law shall not have effect until the by-law has been;
(a) posted on the premises of the District Assembly concerned and in at least one other public place within the district, and;
(b) published in a daily newspaper of national circulation or in the Gazette”.
Also, Section 232 (1) of Act 936 requires that the Minister by Legislative Instrument, make Regulations for carrying into effect the provisions of this Act and in particular,
(a) for the procedure to secure a permit;
(b) for the provision of notices;
(c) to prescribe activities that may be carried out without a permit; and
(d) for consultations between the District Planning Authority and public agencies and local communities”.
Source: GhanaJustice/S.Ayisi
