COLONIAL OFFICE Gold Coast REPORT TO HIS EXCELLENCY THE GOVERNOR BY THE COMMITTEE ON CONSTITUTIONAL REFORM 1949 LONDON: HIS MAJESTY'S STATIONERY OFFICE 1949 TWO SHILLINGS NET Colonial No. 248 COLONIAL OFFICE GOLD COAST REPORT TO HIS EXCELLENCY THE GOVERNOR BY THE COMMITTEE ON CONSTITUTIONAL REFORM 1949 LONDON: HIS MAJESTY'S STATIONERY OFFICE 1949 CONTENTS: ' Para- graphs Page LETTER OF PRESENTATION dated 17th August, 1949 3· PART I-GENERAL SURVEY ... 1- 29 5 PART II-INTRODUCTION TO THE REPORT 30- 52 9 PART III-LOCAL GOVERNMENT ... SECTION I. The Present system of Local Government 53- 83 12 II. Main Types of Local Authorities .... 84-130 16 III. Composition and Functions of Local Author- ities ... 131-184 21 IV. Personnel 185-191 27 V. Finance ... 192- 213 28 VI. Powers and functions of Regional Adminis- trations in relation to Local Authorities ... 214-217 32 VII. Local Courts ... 218-234 32 VIII. -Summary of Recommendations 235-283 34 \t-. PART IV-REGIONAL ADMINISTRATIONS SECTION I. General Considerations 284-288 39 II. Powers and Functions of Regional Adminis- trations 289-298 40 III. Number of Regional Administrations to be established ... 299-306 42 IV. Regional Finance 307-315 44 V. Regional Councils 316-330 46 VI. The Executive of the Regional Adminis- trations 331-339 49 VII. Summary of Recommendations 340-352 50 '" t. PART V-THE LEGISLATURE SECTION I. General Considerations 353- 363 # 55 II. Recommendations 364-396 56 · III. Alternative Provisions Relating to a Uni- cameral System 397-400 61 P ART VI-THE EXECUTIVE SECTION I. General Considerations 401-410 62 II. Recommendations 411-419 63 " PART VII-GOVERNOR'S RESERVE POWERS 420-429 65 1 PART VIII-MISCELLANEOUS MATTERS SECTION I. Public Services .. . . .. 430-433 68 n . Review of Constitution 434 68 III. Privy Council . .. . .. 435 68 IV. The Northern Territories 436-437 68 PART IX-ACKNOWLEDGMENTS \ ... 438-442 69 INDEX TO APPENDICES ... 77 2 A MESSAGE TO THE PEOPLE OF THE GOLD COAST FROM HIS EXCELLENCY SIR CHARLES N. ARDEN-CLARKEI KC.M.G., GOVERNOR AND COMMANDER-IN-CHIEF I commend to the earnest consideration of the people of the Gold Coast the Report of the Committee on Constitutional Reform and the Despatch of the Secretary of State setting out the views of His Majesty's Government on its more important recommendation~ . which is published with it. The Secretary of State has expressed his admiration of the manner in which the C(')mmittee has accomplished its difficult task and has a.sked me to convey to Mr. Justice Coussey his sincere congratulations on his skilful leadership and to the Committee as a whole his warm appreciation of their devotion to the t?.cik now completed. I am only too glad to have the opportunity of dOll1g so in this messRge. I associate my- self most cordi'ally with' the Secretary of State's remarks. All of us in t.he Gold Coast are greatly indebted to the Chairman and members of the Committee for the work they have done. The proposals now put forward provide for the establishment. on a ' Lilly representative basis of all bodies responsible for the government of the Gold Coast from the smallest lo.cal council t.o the central bodies where policy is determined for the country as a whole.llt is proposed t.hat .the Local Authorities should 'be r,econstit.uted to iriclude bott. traditional elements and elected represent'atives of the people and should all have elected majorities. These Local Authorties would be vested with the duties and responsibilities which can properly be devolved upon local government bodies and would exercise their powers under the super- vision and guidance of elected Regional Councils. At the centre it is pro- posed to have a fully representative Legislative Assembly, nearly all the members of which will be. elected either direct.ly or indirectly by popular vote. The Executive Council would be reconstituted and would consist of eight Ministers, six with portfolio and two without, appointed from among the members and on resolution of the Legislative Assembly, together with three ex-officio members. The Executive Council thus reconstituted with a large majority of Ministers from the Legislative Assembly, would, unlike the present body which is purely advisory, be responsible for the formulation of govemment policy. Tl1e Council would be responsible as a body to the Governor and tl1e Ministers individually answerable to and removable by the Legislatiye Assembly, The Governor would retain reserve powers but he wo·uld. not be able to exercise them (except in case of emergency) unless the approval of the majority of the Executive Council or the approval of the Secretary of State had first been given. C N. RDEN .CLARKE G Il rnO'r H-I .'~Ih Octo 'r, I!Htt C O L O N I A L OFFICE GOLD COAST Statement by His Majesty's Government on the Report of the Committee on Constitutional Reform DES PATCH OF 14TH OCTOBER, 1949 . FROM TH ' SECRETARY OF STATE FOR THE COLONIES TO H IS EXCELLE CY THE GOVER OR LO . D H 1 ~t A JET Y , TAT 10 :... E R Y 0 F F ICE 1949 [0 RP • C E • ET DESPATCH FROM THE SECRETARY OF STATE FOR THE COLONIES TO THE GOVERNOR OF THE GOLD COAST Church House. Great Smith Street. S.W.l. 14th October. 1949. SIR, I have now been able to study the Report of the Committee on Constitutional Reform III the Gold Coast which you forwarded to me on the 30th August, 1949. You have stated publicly that this Report will be rapidly considered and that the decisions of H .M. Government on It will be brought into effect without delay. I have been thinking how best I can contribute to that result and I have come to the conclusion that the most practical form of aSSIStance whIch I can give at this stage will be to let you have immediately the views of H .M. Government on the more Important recom- mendations of the Committee, so as to help forward the examination of the Report 10 the Gold Coast. 2. First of all, on behalf of H .M. Government, I must express my admira- tion of the manner in which the Committee has set about its extremely complicated task and the speed with which it has fin ished its work . Constitutional reform in such a country as the Gold Coast is a matter of great complexity. The careful weighing by the Committee of the many political, legal . economic and social factors involved and the application to them of their own knowledge and judgment has resulted in a most valuable report. I am particularly impressed by the heed which the Committee has paid to traditional Africa n institutIOns in the recommenda- tions which they make for the establishment of a modern and representative system of government. I shall be grateful if you WIll convey to Mr. Justice Coussey my sincere congratulations on his skilful leadership and to the Committee as a whole my warm appreciatIOn of their devotion over several months to the dIfficult task now completed. 3. I WIsh to make it clear at the outset that, subject to the observations v, hich I shall make later in thIS despatch, H .M Government accept the proposals put forward in the Report as providing a workable plan within the framework of which constitutional development in the Gold Coast can no .... proceed. The observatIOns which follow are made With the sole object of helping and promoting the progress of the Gold Coast to responsIble government within the Bntish Commonwealth, which it is the policy of H.M. Government and the manifest desire of the people of the country to ee achieved as soon as practicable. I endorse the Committee's general conception of a representative system of central government firmly based on soundly conceived democratic institutions at the regional and local government levels. 4. I t is clear that such a system cannot be built up merely by a legislative act. Much hard work will be needed to bring about the important changes in the form of the Central Government and the composition of the Legis- lature ",hich the Committee proposes, to build up the regional administrations and councils and to strengthen and reorganise the institutions of local government. which the Committee rightly regards as providing the best opportunity for" the majority of the people to contribute to and participate active!} in the process of government" and "the best foundation on which 2 to build a democratic central structure." I am most anxious, as I know you are, that this work should be pressed forward as rapidly as possible ; but it is of the highest importance to the endurance of the system now to be established and to the well-being of the people of the Gold Coast that, in the process of bringing the system into being, there should be no breakdown in the machinery of government of such a kind as inevitably to delay progress. 5. It is with these general considerations in mind that I make -the following observations. I shall not refer in detail Ito each individual proposal of the Committee, but shall deal only with those recommendations of major impor- -lance on which the early expression of my views may be of particular help in the further consideration of the R eport in It he Gold Coast. I do not propose to comment on the General Survey in Part I of the Report; many of the points made in this part of the Report do nOit bear directly on the recommendations made by the Committee. Although I do not think it neces- sary to express any opinion on the historical accuracy of Ithe views recorded by the Committee in the General Survey, I should not wish it to be thought that I necessarily agree with all of them. Equally I shall not commenlt on 'the Introduction in Part II of the Report, valuable though this is as a general summary of the Committee's views. LOCAL GOVE R NMENT 6. PaDt III of the Report makes proposals for t he reform of the local government system and I have been greatly impressed by the evident desire of the Committee to deal comprehensively with that sphere of government which most immediately affects the everyday life of Ithe people and which is therefore the only sure foundation on w hich to base a democratic sys-tem of central Government. Paragraphs 78 to 83 of the Report very properly emphasise the importance of local government. 7. I agree generally with the Committee's broad conception of local govern- ment reform, although the individual recommendatio ns will need detailed examination in the Gold Coast. The faot thM such a widely representative Committee. drawn from all sections of the community and all parts of the Gold Coast, has made unanimous proposals on local government gives the whole country a great 0pp0!1tunity. Now -that it is recognised that radical changes in the system of local government are needed, I trust t hat the people of the Gold Coast will not let pass the oppor-tunity Ito make them. The new framework of Local Authorities proposed by the Committee will have to be developed from the existing system by orderly means and in a manner accep table Ito the C hiefs and people. I suggest that, in order that this work may be put in hand without delay, a suitable body or bodies, perhaps in the form of one or more Select Committees of the Legislative Council, should be set up to examine the beS-l means of implementing Ithe proposals in consultation with the existing Territorial Councils and Native Authorities, and that at .the same time steps should be taken in consultation with the Committees to draft the necessary legislation. If advice based o n the experience of local government in -this country is required on any point, I shall be glad to assist in securing it. 8. The recommendations on local government seem to me to have a number of admirable features. I welcome the proposals that the tradi,tional elements should have the representation on the new Local Authorities recommended in paragraph 137 of the R eport and that i1:hose Authorities should have elected majorities (paragraph 140). The proportion of seats to be allocated ,)ll each local council to the traditional and elected representMives, the 3 6656R A2 methods of election, the qualifications for voting and membership and the nature of ,the constituencies are mabters for close consideration in the Gold Coast. 9. The relationship of the different classes of authorities and the allocation of functions and financial responsibilities between them are also mMters for local examination. But I hope that it will be found possible to establish a system which is flexible and not too complicated, which will not stifle local in~tiative a-t the lowest level through the creation of too elaborate a hierarchy of authorities above that level, and which will provide the lowest councils with definite responsibilities of their own within a suitab1y defined sphere. 10. I welcome the proposals for the establishment of District Councils, of a size large enough to ensure efficiency and financial stability, through the amalgamation or federation of smaller authorities (paragraph 91). I cannot comment on the details of these proposals, but I hope ~hat, where such fusions are considered to be in the interests of the local people, paroohial jealousies will not prevent them from being carried out. I welcome the proposal that Municipal Councils should be the sole authorities with local government powers in their areas (paragraph 110) and I also welcome the recommendations for the establishment of suitable councils in other urban areas (paragraph 98). 11. The Committee rightly emphasises the importance of local govern- ment staff (paragraph 185) and refers to the question of training (paragraph 190), but makes no specific proposals for the provision of such training. If the new Local Authorities are to be efficient, it is essential that their staff shol:lld be adequately trained and I hope that early and vigorous action will be taken to provide suitable training facilities in the Gold Coast. Wherever it is desired that local government officers should receive training in this country by attachment to local government bodies here, I shall be glad to assist; experience has shown that local authorities in the United Kingdom are very ready to provide facilities for training staff from Colonial Territories. I agree with the Committee that, until sufficient trained local government officers are available, the central Government should be pre- pared to assist in meeting the staff difficulties of Local I\uthorities. 12. If the new system of local government is to be successful, it is most important that full and early consideration should be given by all concerned to placing the finances of Local Authorities on a satisfactory basis. Much ingenuity will be required to overcome the difficulty of levying rates in an equitable manner (paragraphs 200 to 202) and it may well prove necessary as an interim measure, before it is possible to establish assessment committees and a trained corps of valuers, to supplement the basic tax by special imposts on particular activities designed to secure uhat the system ' of taxation taken as .a whole bears fairly on all classes of the community. The destination of revenue derived from communal lands and the management of those lands are clearly matters of special difficulty. I welcome the Committee's view (paragraph 207) that the management, but not the ownership, of such lands should be vested in the Local Authorities and that the revenue should be accounted for by them, an agreed proportion according to the circumstances of each area being paid over to the traditional authorities. 13. The suggestions of the Committee regarding Local Courts (paragraphs 218 to 234) are in harmony with recent trends in the development of the existing Courts, and I feel sure ~hat these trends will be encouraged by the Committee's views. I hope that you will feel able to set up the special committee suggested in the Report as soon as the great volume of more urgent work required to give effect to the other recommendations permits. 4 REGIONAL ADMINISTRATION 14. I accept the arguments put forward by the majority of the Committee in favour of the retention and development of Regional Administrations (paragraphs 284 to 287). I appreciate the practical problems involved. but I believe that at the present stage Regional Administrations have ·an indispens- able part to play in the supervision and co-ordination of the new Local Authorities. If the Regional Administrations are to carry out their duties efficiently. it is necessary that they should be provided with a permanent staff adequate to deal with the volume of work which will inevitably grow. n is also necessary that the Central Government should be prepared to delegate authority to them and I agree with the Committee that a very substantial decentralisation of functions should be effected. I welcome the proposal (paragraph 292) of the Committee that a detailed examination should be made of the activities which can suitably be delegated to the Regional Administrations and of their relationship with the Central Government. I suggest that this examination should also cover the financial relationship of Regional Administrations with Local Authorities and with the Central Government and Legislature. I shall look forward to considering the matter further when this examination has been completed. 15. The proposals of the Committee for Regional Councils (paragraphs 316 to 330) are designed to carry further the policy, already effected through Territorial Councils, of associating representatives of the public with the administration of government in each region. I agree that this is a most desirable objective. but I hope that it will be possible to avoid too complicated a system at the regional level. I do not intend to comment in detail on these proposals; like the other proposals in Part IV of the Report. they will require careful study in the Gold Coast. I am doubtful about the recommendation (paragraph 326) that elections to the Regional Councils should be carried out in the same way as elections to the Central Legislature. The conduct of these central elections. as well as those for Local Authorities. will tax the administrative resources of the country very heavily and, if similar elections are to be held for Regional Councils. I fear that the system may become too complicated. Both for this reason and because the Regional Councils and Administrations will be so closely concerned with local government. I am inclined to the view that it would be preferable for the members of the Regional Councils to be elected from and by the Local Authorities themselves. The question is one which it will be easier to determine when the precise functions of Regional Councils and Administra- trons have been worked out in detail. 16. I attach particular importance to establishing a proper relationship between the members of the Regional Councils and the administrative and technical staff of the Regional Executive at regional headquarters and in the field. I have noted the recommendations on this point made in para- graphs 331 to 338 of the Report; these will clearly require close examination in consultation with the Territorial Councils and might perhaps form part of the investigation recommended by the · Committee and referred to in paragraph 14 of this despatch. The essential points seem to be that the members of the Regional Councils should be enabled to participate fully in the formation of policy for the region, in consultation with the Executive under the Chief Commissioner or Regional Administrator, and at the same time that the Regional Executive and its staff should be given fully adequate powers to carry out its important duties with regard to local government and in other fields. . 5 17. In paragraphs 299 to 303 of the Repo~t the Committee propo~es that a Regional Administration sh(mld be establIshed for the area descrIbed as "Trans-Volta-Southern Togoland ", consisting of certain areas of the Gold Coast Colony east of the River Volta and the southern section of Togo- land under United Kingdom Trusteeship, with the possible addition of the Krachi District. The Committee itself records in paragraph 301 that this recommendation was opposed by representatives from certain parts .of Southern Togoland, and, both for this reason and because of the specIal positiem of the Trust Territory, I must exam~ne the proposal with particular attention. The decision to be taken on It must clearly depend on the interests of the people concerned, and in determining where these interests lie I have no doubt that you will consider, in consultation with the accredited representatives of the people, what arrangement is likely to be most effec- tive in promoting the political, economic and social development of the area. I will go into the matter further when you are in a position to let me have your recommendations and ,when the considered views of the people of the area are known. Meanwhile I hope that it will be possible to arrange in the immediate future for the representation of the Southern Section of Togoland on the Legislative Council and that, as an interim arrangement pending the setting up of constituencies as the Committee recommend, an electoral body will be constituted for this purpose in the . area. I shall a.lso await any recommendations which you may wish to make on the questIOn whether the Krachi District should ibe included iIi the Southern Section of Togoland. THE LEGISLATURE 18. I much .appreCiate the careful examination, summarised in paragraph 353, of the relative merits of a bicameral or unicameral system for the Legis- lature and I note that the Committee was almost evenly divided on this question. I recognise the strength of the arguments both for and against a bicameral system, but I am particularly impressed by the third, fourth and fifth arguments against it which the Committee has recorded. I cannot help feeling that the proposals for a bicameral system, if adopted immedi- ately, might seriously detract from the efficiency both of local government bodies and the Central Legislature, by isolating in a chamber exercising relatively limited functions a number of the more able men whose services are needed in the Legislative Assembly and in local government. I agree also that, in the words of the Committee, " the interaction of thought between elected members and 'Elders' in a unicameral chamber would not only be beneficial but 'Would be in consonance with the accepted traditions of the country". I feel accordingly that it would be advisable, certainly at this .stage, to adopt a unicameral system. 19. I welcome the Committee's proposal (paragraph 374) that, except in ~un~cipalities , an indirect system of election should be adopted for the LegIslatIve Assembly; I feel sure that under present conditions this recom- mendation is sound. The establishment of the electoral machinery, the delimitation of constituencies and the actual supervision of elections will obviously involve a great amount of work and for this reason I hope that the arrangements for primary elections wiJl be as simple as is compatible with a fair system of representation. I hope also that these arrangements will be adapted to the conditions of each area and I assume that, when the Committee refers in paragraph 360 to " a method appropriate to each con- stituency ", they IIilean lihat methods such as those recommended by the Corn- mitteein paragraph 145 for local government elections should be used wher- ever they are regarded as appropriate. For secondary elections by the. 6 electoral colleges 1 suggcst that it should be laid down that candidates should be members of the colleges them elves. It is clearly desirable that elections should be held as soon a possible, and, as the preparations will take a con- iderable time. I hope that it will be possible to sel up a suitable body, perhaps a Select Committee of the Legislative Council, to examine the question of holding early elections and the measure5 ncce sary to enable this to be done. 20. The detailed recommcndations in this part of thc Report will requirc [mther examination. THL LXECUrfVE 21. I have carefully examined the section of the Report dealing With the structure of the Central Governmcnt and 1 recognise the close attention which the Committee has given to this subject. My remarks on tbe Execu- tive should be read in conjunction with what I ha ve said in paragraph 3 of this despatch . H.M. Government are pledged to assist the people of the Gold Coast by all means in their power in their progress toward respon- sible government within the British Commonwealth, and they are anxious that this progress should be as rapid as the inlere -ts of the people them- selves and the needs of good government permit. The Committee ha recommended in paragraph 411 that the Executive Council shou ld consi t, under the chairmanship of the Governor. of ex officio members and mem- bers drawn from rthe Legislature, and that the majority of the members drawn from the Legislature should be given executive re pon ibility for the administration of departments. I shall comment in detail on tbese proposals, but before doing so I wish to make it clear that in principle. subject to what follows. H.M. Government accept them and warm ly welcome them. If implemented , they wi ll represent a most important step forward in the constitutional development of the Gold Coast. 22. The Committee has recommended in paragraphs 40 and 412 tbat the Executive Council should be collectively respon ible to the Legislature. and has stated that any proposal whereby the Executive Council would be responsible to the Governor is considered to be unacceptable. It is evident that the Committee attaches great importance to this point, but I think that there may be some possibility of misunderstanding on it. It is tbe normal practice in constitutional development that the Governor should retain ultimate responsibility for tbe administration of a Territory until that responsibility is transferred to Ministers who are themselves collectively responsible to the Legislature. T he Committee, while it is aver e to the Executive Council being responsible to the Governor, has quite properly at this stage not proposed the granting of full responsiblity to Ministers and rightly qualifies their responsibility in certain important respects. Under the recommendations of the majority report the Executive Council would include ex officio members and the Governor would have reserve powers. I quite agree with these recommend,ations and it follows that, so long as it is necessary for the Governor to have reserve powers, he must retain ultimate responsibility. In this respect the Committee's recommendation that the Executive Council should be collectively responsible to the Legislative Assembly and not responsible to the Governor requires modification . 23. This does not mean that the members of the Executive Council would 10t be answerable and in effect responsible to the Assembly. The power to grant financial supply ,and to legislate would lie with tbe Assembly and ~members of the Executive Council wO\lld be required to answer in tbe Assembly for the departments of Government for which they were responsible. n addition the members of the Executive Council other than the ex officio 7 members would be appoin ted. as I shall suggest in paraglaph 31 below, on { a resolution of the Assembly and would be removable by an adverse vote of the Asscmbly. Members of the Executive Council would in fact neccssarily havc a dual responsibility. While they would be responsible to the Governor in virtue of his ul imate responsibility for the administratIon of the Territory, they would clearly be responsible to the Assembly for thc performance of their functions as members of the Executive Council. In the onuulttee's Report it appears to be implied that responsibility to the Governor and responsibility to the Legi lature are inconsistent with each other; in fact they are not in consistent but complementary. 24. T he desirc of Africans to bear responsibility for the lDltlatlOn and execution of po licy has the fullest sympatby of H.M. Government and, ill their view, it i e sential tbat thi should be provided for in the new con titution. In considering the relationship between the Governor and th e Execu ti ve Council it is important. if misunderstanding is to be avoided, to consider the actual manner in which the relationship will work. If the mat ter is looked at from the practical point of view, it will be apparent that the substance of the Committee's recommendations will in fact be achieved. 25. It is a matter of experience both in the Gold Coast and elsewhere that the Governor's res rve powers are in practice only used most sparingly. Under the Committee's propo als, with which I am in general agreement. questions requiring decision by the Legi lative Assembly or the Executive Council wo uld normally be seltled by a ma jority vote, and this would secure the Committee's objective. expressed in paragraph 40, of making executive action respon ive to con idered publ ic opinion and to informed criticism in the Legi lature. In a word. the aim should be that, in the spirit of paragraph 426 of the Committee' R eport, the. bu iness of government should be smoothl y an d effic ien tly ca rried on by con ultation and agreement between the Governor, the Executi v Council and the Legislative Assembly and, with the apprec iat ion of each other' views which would be developed by this process . it is reasonable to hope that occa ion for the exercise of the Governor's Ie erve powers would be avoided. 26. [ read ily agree that there should be a majority of African drawn from the Legislative Assembly on the Executive Council. It would b the body where all major q ue tions of policy would be discu sed and I suggest th at it ho uld be pecifica lly laid down in the constitution that it is the principal instrument of policy. The Council hould not s imply, as at present be su mm oned on the motion of the Governor him elf, but a1 o. as the Committee recommend. at the reque t of two-thirds of its member. All member of the Counci l a nd no t the Governor only, a at present, should be entitl ed to initi ate ubjects for di cussion. 27. H.M. Government accept the recommend ation of the Committee that all questions propo ed fo r dec i ion in tbe Executive Coun il should be deter- min ed by th e majori ty vote of the members pre ent and voting. the Governor haVing a ca ting but not an or igi nal vote. It would be necessary to give the Governor th e right to ac t again t the majori ty decision of tbe Council ~when the i Sll e und er di c Ll ssion was on which fell within the cope of his reserve powers. Tt would be laid down that the Go ernor should only exercise this right (except in a n emergency) with the prior approval of the Secretary o f State. This power of the Governor in relation to the E ecutivc COllnc il, which i simil ar ,to the Committee's recommendation in paragraph , 42 1 in rel a tion to the Legisla tive A sembly. would onl be exercised in \ exceptional ~i.rcumstances : any oth~r. course would impede the de~ l.opm nl of responslblltty. Normally tho deciSion would be taken by a maJonty ote 8 in a body on which elected members of the Assembly would be in the~ majority. Thus the Executive Council would be a very different body from , the present Executive Council, which is purely advisory. 28. It is a corollary of this arrangement that the Executive Council should act collectively as a body and that an individual member of the Council should be under an obligation to carry out administratively, and support in the Legislature, the policy and decisions of the Council. A member of the Executive Council who felt himself unable to carry out this obligation should resign, and, in case he refused to do so, it should be provided in the constitution that the Governor should be empowered in these circum- stances to terminate his appointment with the agreement of the majority of the Executive Council. 29. Before ending this part of my despatch I wish to emphasise again how very great a step forward is involved in these proposals, which would place Africans appointed on resolution of the Legislative Assembly and answerable to that Assembly in the majority on the Executive Council and would make that body responsible for formulating policy. ME THO D 0 F A P POI N T MEN TAN D COM P 0 SIT ION OF THE EXECUTIVE COUNCIL 30. The Committee has recommended that there should be a Leader of the House of Assembly elected by the Assembly and appointed by the Governor (paragraph 382), that members of the Executive Council (other than ex officio members) should be appointed by the Governor in consultation with the Leader (paragraph 411), and that the Executive Council should resign collectively ona vote of no confidence in the Leader by not less than two-thirds of all the members of the House of AsseI;llbly (paragraph 413). In paragraph 403 the Committee describes the procedure under which the Leader would be elected by a majority of the House of Assembly as a transitional arrangement until parties emerge sufficiently to enable the Governor to ask the member who commands the largest following to assume office as Leader. I have carefully considered these proposals, but I do not believe that ,the institution of a Leader of the House would work effectively in the absence of 'an established and well-tried party system, by which I mean a · system where through usage over a period of years parties have become generally accepted as necessary and integral parts of the constitu- tional machinery of the country. In this sense there is not as yet a party system in the Gold Coast, and without it, while the member of the House of Assembly chosen as Leader would admittedly command the majority of votes on the occasion when he was so chosen, there would be no guarantee that he would continue to command a majority. If not, the efficiency of Government might be seriously hampered and the relations between the Executive Council and ,the Legislative Assembly impaired. For these reasons I believe that the appointment of a Leader elected by the House of Assembly would be premature; but I agree that it will be necessary in practice for one of the members of the Executive Council to lead the Government representatives in the Assembly. I suggest that the members of the Executive Council should elect one of their number for this purpose. 31. In the light of what I have said, the consequential arrangements proposed by the Committee for the appointment and resignation of members of the Executive Council are inapplicable at this stage. I would suggest 9 that instead the following procedure should be adopted; the Governor should put forward names of members of the Legislative Assembly for appointment as members of the Executive Council (after such consultation as may be appropriate) and should invite a resolution of the Assembly recommending the appointments ; if the resolution was passed the Governor should make the appointments. 32. Since members of the Executive Council (other than ex officio mem- bers) would be appointed on resolution of the Assembly, I agree with the Committee that the Assembly should have power to initiate the steps neces- sary for the removal of such members. I am sure, however, that it will be generally accepted in the Gold Coast that, if there is to be proper continuity lin the conduct of public business, this power should not be lightly exercised. I would suggest that a member of the Executive Council should be removable on a motion specifica:l1y made for that purpose, which should require a two- thirds majority vote of all the members of the Assembly. This would be adc1itional and not alternative to the arrangement proposed in paragraph 28 above, under which the Governor would be empowered to remove a mem- ber of the Executive Council, with the agreement of the majority of that Council, should he refuse to act on its decision . I must make it quite clear that I could not agree to any proposal for the removal of an ex officio member from the Executive Council on a prayer of the Assembly; such an arrange- ment would be entirely without precedent and would be inconsistent with the position of ex officio members of the Executive C{lUncil. 33. In paragraph 413 the Committee recommends that members of the Executive Council-and they are no doubt referring to member.s other than ex officio members-should cease to hold their appointments on a dissolution of the Assembly. I feel that this procedure would lead to serious practical difficulty in administration and that provision ought to be made for the carrying on of the Government in the intervals between one Assembly and the next. I suggest that provision might be made to the effect that a member of the Executive Council should retain his appointment after disso- lution until the first meeting of the newly elected Assembly. 34. In their statement of policy of August, 1948, H.M. Government sug- gested that the title of Minister proposed by the Watson Commission would not be appropriate to the present stage of constitutional developm~nt and that it would be more suitable to use the term Member of the Executive Council. The Committee has however proposed the use of the term Minister and, in the light of the practice growing up elsewhere, I agree to the use of the term in the Gold Coast. 35. The Committee recommends (paragraph 411) that there should be not more than three ex officio members of the Executive Council, the Chief Secretary, the Financial Secretary and the Legal Secretary. The Watson Commission recommended that there should be four ex officio members and H.M. Government in thek statement of August, 1948, accepted this number and suggested that the ex officio members sh{)uld be the Chief Secretary and three members with responsibility for justice, finance and economic affairs. In view of the recommendatiolil of the Committee, to which importance is evidently ,attached, I agree that there should only be three ex officio members, the Chief Secretary, the LegaJ Secretary and the Financial Secretary. I also agree that there should be six Ministers with portfolio and two without portfolio. The actual distribution of portfolios would be made by the Governor in accordance with the needs of public business. 10 MINISTERIAL AND PERMANEN~ UNDER-SECRETARIES 36. In paragraphs 417 and 418 of the Report the Comm,itrtee recommends the appointment of Ministerial and Permanent Under-Secretaries. These proposals do not appear to differ materially from the suggestions of H.M. Government in their statement of August, 1948. G 0 V ERN 0 R 's RES E R V E POW E R S, ROY A LIN S T R U C T ION S AND LETTERS PATEN~ 37. It will have been clear from what I have said in paragraphs 22 and 25 above that I accept ,the proposals of the majority of the Committee with regard to the Governor's reserve powers (paragraphs 420 to 426). In doing so I wish to express my appreciation of the careful and objective manner in which the Committee has approached this subject. As regards the Governor's .power to veto legislation, I should see no objection to an understanding, on the lines set out in Mr. Oliver Stanley's despatch of the 10th February, 1943, to the Governor of Jamaica quoted by the Committee in para,graph 425 of the Report, that, if an occasion arose when the Governor was not prepared to assent to a Bill, he should in practice either reserve it for His Majesty's pleasure or, !before refusing assent, consult the Executive Council and, if they did not agree, the Secretary of State, 38. I assume that in recommending in paragraph 421 (c) that the appoint- ment of public officers should be excluded from matters over which the Governor may exercise his reserve power in the Assembly the Committee is only referring to the actual word" appointment " as it appears in Article 38 (1) of the Gold Coast Colony and Ashanti (Legislative Council) Order in Council of 19th February, 1946, and is not suggesting that matters relating to the creation or albolition of any public office or to the salary or other conditions of service of any public officer or officers should also be excluded from the operation of that power. On that assumption I can agree to the proposal. 39. The Committee's proposals with regard to the Royal Instructions and Letters Patent will require further examination. In regard, however, to the proposal in paragraph 429 that Section 12 of the existing Letters Patent should be a,mended, it would not be proper to fetter the Governor in the exercise of the prerogative of mercy. It has been, and I trust will remain, obligatory for the Governor to obtain the advice of the whole Executive Council in such matters and I would deprecate any proposal that he should be required to act on the advice of one particular member of the Council only. PUBLIC SERVICE COMMISSION 40. I welcome the proposal in paragraph 430 that a Public Service Com- mission should be estalblished on a statutory basis to advise the Governor on matters relating to the Civil Service. This is fully in accordance with general policy and an interim Public Service Commission has already been set up in the Gold Coast. The composition, functions and powers of the Public Service Commission will require detailed examination _ MI· NORITY REPORTS 41. I have. duly considered the riders to the Report added by a minority of the Committee and have taken :them into account in my ()Ibservations in this despatch. 11 CON LUSION 42. 1 h(l c vcr'd without enteflng into great detail tbe general scope of th R 'port and have indicated that H.M. Government agree with most of t~ r' mmcndali n. I hope tbat all uch teps as are nece ary can now be tak'n wlIholll delay to give effect to the e rec mmendations. I am aware that Ihl\ will Inv I e milch det ded work and will throw a beavy burden on I m'm c[\ of th 'I I tive oun II and Territorial Council and in IIlar n t all branches and grade, of the Civil Service. The carrying f lhe ommlltcc\ r'c mmendati ns for RegIOnal Admini tration and ) ) \ Tnmont will pia e added respon ibJlitie n to the admini trative ,laff In the field. ",h I h 1 am e nfidenl tbat they will discbarge witb tbeir tradtti na l 'ncr y and nthu\ja m. have the honour to be. Ir. Y ur m"t b'dt llt, humbl rv nt. \ . RIl C'lt 10 T . If harh.: rden· larke. K. .M .G .. 0\ mor nr lhe Id II l. LO nON "'t I IIIl \ I I' UI 1\111 J) 11' III M\Jl' ,·S STATIONER\ FFt E lu br pur .. hn,cd \l1((,lo:ll, t'L'1U II ~t .'t~Hiollt'r) OUe'1: IU Ihc: (vUo"io.: iJJn: , '0110. H ou t' "'1It1il \\"', I "'1"Jun, W ~, I ) a tiC' ,rt' t. ~hnbur ·h.'::. ,., 10\;111" \ut't't, :-"111'1 h(',It'r, ~ ~ lllmullu ~1rt'C'l. 14rrlhu»h m ..\ . I \l 1".Ir ..· \\· l res ~JU. (MJ~Il. 1 0\\('( t M\('. Bri lOt. 1 . HU l'11! he' leor Stte'(ll. Bl'tha"l uR tllt\OUUII N'I flU K'llllk 194'> Prk 4./. nCI .0. (\)..1- ,) •• -~.O (t.l>'b"1 WI J4M! ~ 1J1 Ioi. IlW IUI,I, Il L PIU H:D a OIU,\,T un". Supreme Omrt. Accra. 17th August. 1949. To His Excellency Sir CHARLES NOBLE ARDEN-CLARKE, K.C.M.G .• Governor and Commander-in-Chief of the Gold Coast. YOUR EXCELLENCY. In submitting this Report of the Committee on Constitutional Reform. it is proper that I shauld recapitulate tlhe immediate circumstances under which the Cammittee was appointed, and that I should refer briefly to certain aspects of the programme which we adopted. 2. Your predecessor, Sir Gerald Hallen Creasy, K.C.M.G., O.B.E., pro- posed during the Session ' of Legislative Council held in September, 1948,* that a representative Committee should be set up to go into the whole ques- tion of Constitutianal Reform as discussed in the Report of the Watson Commission 'Of Inquiry into the Disturbancest and in the White Papert setting out the views of His Majesty's Government on that Repart. The bases upon which Sir Gerald Creasy decided the membership 'Of the Com- mittee were laid befare the Legislative Council an 14th December, 1948, in a statement read on His Excellency's behalf.§ This statement also defined our terms 'Of reference, which were laid down as follaws:- "Ta examine the praposals for canstitutional and political refarm in paragraph 122 'Of the Repart of the Cammission of Inquiry into Disturb- ances on the Gald Coast, 1948, and, due regard being paid ta the views expressed on them by His Majesty's Government, ta consider the extent to which they can be accepted and the manner in which they should be implemented." 1\ 3. It will be abserve<;l that 'Our Terms 'Of Reference were thus dependent upan paragraph 122 'Of the Repart of the Cammissian 'Of Inquiry and, in cansequence, that they were extremely wide. We found it necessary, how- ever, to place our own interpretation upan them in twa impartant respects. First, it appeared impracticable ta us to isalate the recommendations contained in paragraph 122 'Of the Report of the Commissian 'Of Inquiry from the remaining pravisions of Chapter (V) thereof, ta which chapter the paragraph concerned is in the nature of a summary. We therefore cansidered 'Ourselves justified in interpreting 'Our Terms of Reference as embracing all the matters discussed in Chapter (V) of the Report, together with His Majesty's Govern- ment's comments therean. In the secand place, in the absence of any indica- tian to the cantrary, we assumed that our recammendatians must make provision far that part 'Of Togoland under United Kingdom Trusteeship. We had, of course, na autharity to exceed our Terms of Reference, and we have therefore done no mare than to interpret them in a broad and liberal manner. In this cannectian I should like to quote fram a speech made in the Hause of Commans by the late Lord Baldwin, at a time when he was Prime Minister. Referring toa Royal Commissian, he stated:- " I wauld like to emphasise .. . that a Rayal Cammission in this country is an entirely independent body, uncantrolled by His Majesty's Govern- ment, and perfectly free ta rep art in any sense that it thinks fit within the Terms of its Reference." . * Legislative Council Debates Session 1948. Issue No.3, pages 7, 37-42. t Colonial No. 231. t Colonial No. 232. § Legislative Council Debates Session 1948. Issue No.4, pages 3-4, II Paragraph 122 of the Commission of Enquiry is reproduced at Appendix 1. His Majesty's Government's comments thereon are reproduced at Appendix II: 3 4. During December, 1948, invitations to serve upon the Committee were accepted by the persons listed at Appendix III in which is set out the member- ship · of the Committee. No time limit was prescribed for the completion of the Committee's task, either 0riginally or subsequent to the commencement of our deliberations. Nevertheless, in view of the legitimate interest of the country at large, we have throughout been anxious that our Report should btl completed as rapidly as a thorough examination of the many complex issues concerned might permit. Work was therefore put in hand as early in the New Vear as was possible, and our first Session started in Accra on 20th January, 1949. Thereafter it was found necessary to hold seven further Sessions of the full Committee. * 5. Our work fell naturally into three phases. Of these the first, which embraced the months of January to April, was concernoo with the discussion of the main problems and the determination, in principle, of all outstanding issues. The second phase, lastiag from May to mid-July, was taken up with th~ appointment of five Sub-Committees and the conduct and completion of their separate inquiries. t The final stage was occupied with the COl'l- sideration of the reports of these Sub-Committees, and, thereafter, with the preparation of our Report. . 6. All Sessions of the full Committee were held "in camera ", a pro- cedure which invoked a certain amount of adverse criticism. In reaching our decision on this point we were not unmindful of the history of Con- stitut10n-making bodies in other lands. We considered it to be of paramount importance that our work should be influenced neither by external" pressure groups " nor by any clamant sections of the community. 7. Within the limits of the time available, every effort was made, particularly by the various Sub-Committees, to tour the countryt and to submit the soundness of our ideas to the judgment of those who, in the last analysis, alone can make them a living and a workable system cf government. We were also assisted by a great wealth of suggestions whicil were put forward spontaneously by divers individuals 'and organisations.§ 8. While there is unanimous agreement on the majority of our principal recommendations, some members consider that there should be no ex-officio members in the Executive Council, and express the view that the Governor's power of veto should be abolished. Two other members are opposed to the setting up of the Regional Administrations which are recommended. These views appear as riders to the Report, as does the expression of opinion of one member on an historical issue. . 9. Before proceeding with the subject matter of our Report, we wish to place on record our appreciation of the Messages which we received, at our first Meeting, from the Right Honourable Arthur Creech Jones, M.P. , Secretary of State for the Colonies, and from Sir Gerald Creasy. II These Messages were of great encouragement to us and provided a most happy portent for the successful outcome of our deliberations. 10. I now have the honour to submit the Report of the Committee for your consideration. I have the honour to be, Your Excellency, Your obedient Servant, J. HENLEY COUSSEY, Chairman, Committee on Constitutional Reform. • Details of the Sessions of the Committee are shown at Appendix IV. t The composition and Terms of Reference of the Sub-Committees are shown at Appendix V. t Details of the tours of the Sub-Committees are shown at Appendix VI. § For details, see Appendix VII. II The Messages are repro;iuced at Appendix vm. 4 REPORT OF THE COMMITTEE ON CONSTITUTIONAL REFORM PART I GENERAL SURVEY Before turning to the detailed consideration of our Terms of Reference we bave considered it desirable to make a brief reference to the origins and the development of the relationship of the Gold Coast with Britain, including the main landmarks in the political and constitutional advance which grew out of that association and the recent and very real difficulties which have arisen since the end of the Second World War. 2. As a result of the analysis which we have made, we are satisfied that the basis of British rule in the Gold Coast can, in general, and without going into the niceties of legal interpretation, be said to be derived ultimately from the fact that Britain found herself in a position in which she could exert her influence in a region ruled by weaker states. It has never been admitted nor can it be proved beyond all doubt that the peoples of these territories have lost their right to determi~e their ultimate destiny, though they have enjoyed benefits from the British connection. Indeed, the appoint- ment of the present Committee proves the contrary view. 3. It is as part of that process, It is submitted, that the Committee's recommendations should be considered. 4. The British, like all the other European Nations which have had contacts with the Gold Coast, came here to trade and for that purpose obtailled lands on lease from local chiefs, on which thev built forts or castles. Their jurisdiction was confined to these Settlements and, m some cases, theIr inlmediate environs. They extended the area of their jurisdiction by the acquiSitIOn of castles and forts from other European Nations, particularly the Danes and the Dutch. and by other means. 5. In 1842. the relationship subsisting between the Native States and the Bntish was described III a Resolution of a Select Committee of the House of Commons as follows :- "Their relation to the English Crown should be, not the allegiance of bub]ects to which we have no right to pretend. and which it would entail an inconvenient responsibility to possess, but the deference of weaker powers to a stronger and more enlightened neighbour whose protection and ounsel they seek. and to whom they are bound by certalO definite obligations." 6. The protectiv nature of the British connection is well brought out in tlle a bov pas age. 7. To enable a semblance of authority to be given to the exercise of jum- dicti()n atread assumed by the British. the Bond of 1844 was negotiated betwc n th British and rtain Fantl Chief . In cour e of time treatie of friendship and prot tion were c n tuded with arious other states, mamly on th httor. t. a' far e . t a Keta There is nothmg m the past history of the area commonl) designated the" Colon) " \\hich can be used in support ()f the idea of ion of an) significant portion of it, or to alter the funda- mental relation of the ativ t te to the Briti h a one of friend hip between a w a kc r and a tronger poopl . 8. The goal to which we are mO\ing to-day was anti ip:lted .ip. the third re olution of the 1 t Committe of the House of Common on 26th June. 1 65, in the following word :- .. The ob' t f ur poli ' sh"luld be to encour ge in the natives the f tll "I e quahtie ~ hich ma~ r nder it po ible for u more S 66333 A2 and more to transfer to them the administration of all Governments with a view t6 our ultimate withdrawal from all ... " 9. The circumstances under which these statements were made do not detract from the moral principle they embody. 10. A great deal more than was just±fied by the prevailing circumstances was taken for granted in the Letters Patent of July 24th, 1874, under which the Settlements in the Gold Coast were "constituted and created" into a Colony. 11. The Order in Council of 6th August, 1874, purporting to 'be made under the provisions of the Foreign Jurisdiction Act of 1843, was similarly unjustifiable. This Order was designed to legalise the Ordinances that might be passed by the newly created Legislative Council. 12. In the same year Lord Carnarvon's despatch, dated August 20th, deal- ing with the draft of a Proclamation which aimed at defining the nature and extent of the Queen's jurisdiction on the Gold ·Coast, gave in outline the salient features of the constitutional position of the British vis-a-vis the Native States. The despatch justified the steps about to be taken as follows:- "Tn the tfuirty years which had elapsed" (i.e. dating from the Bond of 1844), "the power and resources of the British Government had been gradually increasing until by the recent victories of the British Forces, they have been so strengthened and consolidated as to render an act of · sovereign power, such as a Proclama1ion of the Queen, the only appro- priate mode of proceeding for the attainment of the desired object". The victories referred to here, are known to have ,been won not without the support of local Allies. 13. But it is clear elsewhere in that despatch that the noble Lord was not unaware that he was treading on delicate ground; hence he referred to the achievement of the object of the despatch as a matter requiring the exercise " of the most delicate tact' and judgment " . 14. As far as is known, the proclamation remained in draft and was never published in the usual way. 15. The Imperial Orders in Council of 26th September, 1901, and October 22nd , 1906, carrying further, steps already taken ex parte, defined the limits of the territories which British jurisdiction was assumed to cover, because it was e~pedient to do so. 16. The story of the other two regions of the Gold Coast, namely, Ashanti and the Northern Territories, must be studied against the background just described. 17. If it was trade which brought the British to the Gold Coast, it was the maintenance and extension of it whioh brought them into conflict with the then expanding Kingdom of Ashanti. It is not necessary to recount the many instances of misunderstandings and misconceptions which characterise this chapter of British activities on the Coast. The raison d' etre of the British Imperial Order in Council of 1902 which brought Ashanti under the British could only 'be the alleged triumph of British arms. Whether Ashanti was conquered or not will remain one of the moot points of its history, the protagonists taking their stand on lhis or that technical point or scruple. 18. The position of the Northern Territories, fortunately, presents fewer intricate details requiring expert interpretation. 19. Racing against other European powers, the British wanted to make sure that as wide an extent as possible of the hinterland of the territories, over which they claimed authority or influence, should be brought under their control. however tenuous, and that this fact should also ,be acknowledged 6 by the other Powers. To attain this end. treaties of friendship and protection of one kind or another were concluded with native states. It is generally known that George Ekern Fergusson. an African. was instrumental in con- cluding most of these treaties. including perhaps the most significant of them. that between the British and Dromenie. "King or Salaga" and his cmiefs at Salaga. on August 25th. 1897. Theoretically the Northern Terri- tories are still a Protectorate. 20. Details of the constitutional development made between the beginning of the present century and the year 1945 are fully set out in Appendix IX. It is here appropriate to mention only two of the most significant landmarks. · the Constitutions of 1925 and 1946. The Constitution of 1925 made pro- vision for the appointment of nine Africans as unofficial members of the Legislative Council. A second important feature of this Constitution was its recognition. through the creation of the Provincial Councils, of the status and importance of the Chiefs. 21. Whatever has been said against the estalblisU:Jment of tbe Provincial Councils we know from experience that within the narrow limits of their operation they have justified their existence. If they are now to be super- seded by Regional Councils. as we recommend. it is not because they have failed in their duties. It is because the times have changed rapidly and the \ Chiefs have shown their readiness to change with them. 22. Contrary to the view expressed in tbe Watson Report. we believe tthat there is still a place for the Chief in a new constitutional set-up. \Certain aspects of chieftaincy may, and indeed will. undergo changes consistent 'Yith modern development. but the central core of the institution remains. Indeed. it is upon the ability of the chiefs to adapt themselves to rapidly changing conditions that their success will depend. We are con- vinced that they have this ability. 23. The most significant features of the" Burns' Constitution," which was promulgated in 1946. were as follows :- (a) the unification of the Colony and Ashanti in a single Legislative . Council; (b) the establishment of an African unofficial majority (partly nominated and partly elected). which was a step forward in the direction of representative government. It did not enlarge the Franchise. which remained as it was in the 1925 Constitution. It was applied. mutatis mutandis, to Ashanti. where the Ashanti Confederacy Council performed the electoral duties performed in the Colony by the Provincial Councils. 24. The introduction of an African unofficial majority may have appeared revolutionary until it is remembered that the change was only a matter of degree within the iron framework of the Crown Cojoll¥ .mtem. We in the Gold Coast have been criticised in some quarters for condemning the 1946 Constitution after two years of its operation. particularly as it had been acclaimed a satisfactory Constitutional advance :. But to mention this in criticism of our desire for change is beside the point. The" Burns' (:on- stitution" was conceived in 1943 at a time when the greatest of allhuman conflicts was convulsing the world. It is clear to any student of recent history that what might have been ideally suited to the conditions of 1943 was wholly / 'Out of place in 1946. so rapidly had the forces released by a global war V changed men's outlook and aspirations . .,,:;;25. Of the new forces at work. perhaps the most important was the attitude of mind of the ex-Service men who now returned from the battlefields of the world. For the first :time. a relatively large proportion of the inhabitants of this country had tr·avelled beyond its territorial limits and had seen new lands and other peoples. They returned with a knowledge of other nations. 7 66333 A 3 possessillg no higher standards of culturai, sOclai and intellectual development, who nevertheless are now ordering their own affairs. Moreover, having fought in the defence of freedom, they considered it their right that they ), should have some share in the government of their own land. These ideas qui~kly spread throughout the whole country. 26. Dissatisfaction at the inability of Government to ease the economic / burdens of the country, which were a second major consequence of war- time conditions, rapidly became universal. People were disappointed be- cause their representatives in the Legislative Council we~s to influence policy, and this not from inherent inability but because tlie system of government made it impossible for them to do so. l To concede an African unofficial majority in the Legislature, without at the same time granting some measure of responsibility, represented a well-known constitutional defect. ../ ~,/The Gold Coast African today demands that this state of affairs should cease 'V to e~ist and that he be given an effective voice in the determination of public policy. In support of this demand it is pertinent to emphasise certain of his characteristics. Having his origins in the western Sudan, he displays a remark- able resilience and cheerfulness, no matter how severe may be the assault , l -of circumstances. A born individualist, virile ,and irrepressible by nature, ~ he tends to be suspicious of outside influence and intolerant of dictatorial methods in any form. ;" 27. In embarking upon a new order of political life, we have chosen the British model and have sought to blend it with our traditional institutions. v' The question is often ,asked: "Cannot Africans devise a constitutional system based upon their ' own indigenous institutions?" The answer may be given in the words of Martin Wight:- "In very broad terms, Africans may be said to have two fundamental political attitudes. They ,are temperamentally law-abiding, and they resent .\" (Ie 10 and resist government by d~.'· There is no intrinsic disharmony be- r .~ tweerl. the mdlgentiUs lllshtutions of the Gold Coast and the imported Western representative system. There is no a priori reason of political tradition why the Gold Coast African should not receive ,the institution of Legislative Council ,and make it his own. For the purposes and methods of the indigenous and the imported institutions are the same: \ both embody the representative principle, and both are government by discussion."* 28. This Committee was composed of men of widely divergent political views. In some cases this divergency of views went far beyond a mere matter of means and method or of detail . It was fundamental. The fact, therefore, that there is unanimity on most of the essential changes envisaged in our Recommendations is evidence enough, if any were needed, of the almost country-wide yearning for radical change. 29. We believe that the recommendations which follow will be acceptable, in the transitional period which must now elapse, to the great majority of those reasonable men and women who have the true welfare of their country at heart. We appeal both to the Government and to the country to receive them with sympathy and thought, and to ensure that they obtain, in a spirit of co-operation, that fair trial by which alone they can develop into an effective system of Government. • .. The Gold Coast Legislative Council " (page 34). By Martin Wight. Published by Faber & Faber, Ltd. PART D-INTRODUCfION TO THE REPORT 30. In this introduction to our Report, we propose to describe briefly some of the principal recommendations without repeating unnecessarily the arguments set out more fully in their support in the pages that follow. We begin with the suggested changes in the Local Government of this country. I 31. The Native Authorities,. through which local government is at present- carried on, are virtually the old state councils vested with modern adminis- trative powers. Their deficiencies include the restricted basis of their / membership, their old-fashioned procedure, and their inadequate finance and staff. 32. These deficiencies, despite ;he gallant efforts which have been made by the Native Authorities, efforts which have resulted in definite progress and solid acnievement, have in general hampered their effectiveness as agencies of local .administration, have. made them unequal to the -demands being made on them, and have prevented them from reaching the standard of efficiency required of modern local authorities. 33. The complexity and stress of modern life, the desire for change and the progressive outlook, which are now pervading even the remote villages, call for more efficient organs of local administration. We therefore recom- mend entirely new councils, more democratic in composition, which should prove more efficient and effective in the discharge of greater responsibilities for the social welfare and well-being of their local communities. 34. The accumulated experience and wisdom of the old councils, based as they aJe on deep-rooted social forces in the country, are not jettisoned by our proposals, as the new councils will draw upon the old for some of their members. In this respect we ha.ve attempted, in effect, to achieve a synthesis of the traditional type of local government of this country with the more developed democratic form of local government in the United Kingdom, which, after careful consideration, we have taken as our model rather than that of either France or America. 35. In order to harness local loyalties at every practicable level, we have~f recommended the formation of more than one class of local authority. W sincerely hope that the desire for progress evident everywhere will cause all ': , ~"u C1 - " ,. -- _ .- -.1 _ - " , _ ,. - .;. _;:, JOt:' ..}, ''' ~ ...... " L.I.. t ....:, I ~ " ,1 , ,. J. ~slrc...u ,,} I'll ;c.!i;,.. 1 ~ l... .,S .... -.. - 'rite'"!" T .elf .; _.... ...:./..Jo t __ ~ L ... V IThe whole institution of \.-~~"~-::J __ 0 our communities that its disappearance would spell Olsaster. \...nIC1S i111U - what they symbolise in our society are so vital that the subject of their future must be approached with the greatest caution. No African of the Gold Coast is without some admiration for the best aspects of chieftaincy, and all would be loath to do violence to it any more than to the social values embodied in the institution itself. Criticisms there have been, but none coming from responsible people whom we have known or met is directed towards ~e complete effacement of chiefs. We cannot, therefore, accept the status which the Watson Report would assign to them. . 9 66333 A4 37. It is our conviction that with a clearer idea of what is expected of them in the future, the chiefs, an increasing number of whom are literate, will be able to fulfil their true role and that they will, by the exercise of their acquired wisdom and proverbial tact, help to build up in the new councils traditions worthy of the best in the old. 38. We would call special attention to the financial proposals recommended in connection with local authorities, which are fully discussed in Part III, Section V. J 39. Our second set of recommendations concern Regional Adqlinistrations, y of which we recommend the establishment of four, for reasons fully set out in Part IV. We will, however, refer to sonrtf-of the reasons here. There are certain definite historical associations, particularly in the case of Ashanti and the Northern Territories, which it would be unwise to ignore. There is also the value of decentralisation, without which the administrative machinery of government at the centre would tend to be overburdened with routine details, thus preventing the central authorities from seeing the wood for the trees. Our recommendations are therefore designed to harmonise with historical realities and to provide machinery for rapid .decisions by officials and councillors in close touch with the problems which they are called upon to solve. We are also convinced that the Regional Administrations, given proper freedom and wise leadership, can stimulate healthy rivalry in standards of efficiency and social administration. It is our view that these objects would not be attained by similar devolution of authority at a lower level. They certainly would not be achieved by the alternative of overcentralisation. t' 40. On the subject of the Legislature, our most radical recommendation lis the principle of the collective responsibility of the Executive to the Legis- lature. As a result of earnest deliberations, we would emphasise that any proposal whereby the Executive would be responsible to the Governor is . considered to be unacceptable. We put forward the principle of collective responsibility to the Legislature as being the only satisfactory method of ensuring, in the future, that executive action shall be more responsive to copsidered public opinion and to informed criticism in the Legislature. -,.' 41. Three other matters in Pam V of our Report call for comment at this stage, namely: (l) the franchise; (2) the recommendation made in the Watson Report for the equal representation of the three main regions of the " Colony", Ashanti and the Northern Territories, and (3) the structure of the Legislature. We will deal with each in turn. 42. Tse;" -: ~ a popular cry _t proughe-..t the country for universal adult 5uffrage. Our reconnIIertcl.llion is for universal adult suffrage but by indirect election. In taking this step, we are fully aware of possible dangers as the country embarks on the large scale experiment of responsible government. We are convinced, however, that it is through experience alone that a people can learn the proper use of their rights as citizens and that they must, at the same time, bear the responsibility for the misuse of them. '. We feel that we can rely on the general good sense of -the large majority of our people, who are' by no means lacking in political understanding. Nevertheless, we have weighed the risks involved most carefully and by recommending election in two stages, except in the cases of the existing municipalities of Accra, Cape Coast, Sekondi-Takoradi and Kumasi, we have provided a means for the exercise of responsible judgment, in two stages, in the election of members to the Assembly. This process of election should minimise the dangers inherent in the . wide and rapid extension of the franchise before the development of that full political sens! which is the true bulwark against the charlatan and the demagogue. 10 43. The proposal in the Watson Report for equal representation of the regions gave rise to much discussion. It was rejected by a majority on the ground that it would impair the unitary nature of the structure of the proposed constitution and would delay the attainment of genuine nation- hood. 'Moreover, such a form of representation seems unnecessary in the light of our recommendations for Regional Administrations. 44. As a compromise, however, between the idea of equal representation of the three main regions on ihe one hand, and a more democratic repre- sentation based solely on the distribution of population on the other, we have made the recommendation set out in paragraph 373 below. It should be added, however, that the Ashanti members who have signed this Report rejected this compromise, and were in favour of parity of representation between the three main regions. 45. Turning to the question of the structure of ,the Legislature, the main arguments for and against a bicameral system are summarised in paragraph 353 below. The majority in favour of such a system was so narrow (in fact one) that we feel obliged to make recommendations for the establishment of either a one chamber Legislature or a Legislature of two chambers. 46. We feel that we cannot conclude this introduction ,without anticipating one possible general criticism of our proposals, namely, the toial number of councils to be established and the consequent public expense which may be entailed. 47. We ourselves have given anxious consideration to this question and have come to the conclusion that such criticism can only be made without full knowledge of the already existing system of government. The total number of local government councils of Class " A " type proposed, (34 in number) will, in fact, be a little more than one-third the actual number of Native Authorities established at present. Moreover, the average number of coun- cillors on the DisJrict and other councils proposed may well be less than the corresponding figure for the existing Native Authorities . . J 48. The Regional Administrations proposed are in a sense a modification of the present provincial organisation, with one significant difference, namely, that they will each work in close association with a Regional Council on which there is a large prQPortion of democratically elected members . • 49. No great expenditure, however, need be incurred in regard to all these councils since we have recommended that no payment be made to the councillors except the reimbursement of their out-of-pocket transport expenses. To withhold the repayment of such expenses would be to keep away from the councils many useful persons who may not readily be able to afford the cost of travel to and from council and committee meetings. 50. As to the new Legislature, the increase in numbers suggested is dictated by the need for the wider participation of representatives of all sections of the community in the deliberation of national affairs. 51. It should also be observed that the new Legislature will provide increased opportunities for examining all administrative proposals of govern- ment. Moreover the new Executive Council, responsible for policy and composed largely of elected members, should render unnecessary many of the, committees which have grown up under the present Administration. 52. In our opinion, therefore, even if on balance there is some increase in public expenditure arising out of the implementation of our recommendations, this should not be excessive. And if such expenditure ensures a truer form of democratic government, a greater confidence in the Administration, and the achievement of orderly progress, it is our view that the price be well worth paying. 11 66333 AS PART ill-LOCAL GOVERNMENT SECflON I-THE !PRESENT SYSTEM OF LOCAL GOVERNMENT Native Authorities 53. The system of local government which exists in this country is regulated by ordinances applying separately to each of the large administrative areas. These are the Nartive Authority (Northern Territories) Ordinance (Cap. 80) enacted in 1932, the Native Administration (Togoland Southern Section) j Ordinance enacted in 1933, and the Native Authority Ordinances for Ashanti and the Colony passed in 1935 and 1944 respectively. 54. Members of the Native Authorities are drawn from chiefs and their traditional councils. The appointments are made by the Governor (the Chief Commissioner in the Northern Territories), in consultation with the State Councils-the rtraditional authorities of the states. In practice the two Councils (Native Authority and State Council) have almost identical membership. In addition, a few non-traditional members are nominated. In some places, particularly in the Northern Territories, committees chosen largely from the people and charged with certain functions, work under the supervision of the local authority. The jurisdiction of Native Authorities is limited 10 persons of African descent, over whom they are empowered to exercise considerable administrative and legal powers. 55. Their functions include the general duties of maintaining peace, order and good government, in furtherance of which they are permitted to maintain police forces and run prisons. They also have all the powers and duties conferred and imposed by Native Customary Law, and issue orders and make regulations covering a wide range of subjects. Native Authorities are also empowered ,to establish Treasuries. The sources of revenue are defined to include all monies paid to a Native Au thority or to the stool of a chief in respect of rents, tributes, royalties, profits and other revenues from Stool lands; all fees and fines from Native Courts ; miscellaneous fees and licences; ang 1P0ney der,ived from rates or taxation. In addition, these Authorities receive direct grants-in-aid from the Government for development and other services. In 1947-48 these grants amounted to £214,989 made up as follows:- Colony £78,546; Ashanti £57,883; Northern Territories £78,560. Provision is made for the appointment of Finance Commit,tees to manage the funds of the Native Authorities. In the Colony, Finance Committees have statutory recognition. 56. In the Colony, the smaller stMes have been encouraged to federate to form Native Authorities and there are at present nine such federations. 57. In Ashanti, the Confederacy Council has also been created a Native Authority and has been vested with executive and legislative powers over all the component divisions. Its constitution provides for the appointment of a number of non-chiefs to the Council. The day-to-day business of the Council is carried on by a statutory Executive Committee and a permanent secretariat. 58. In the Northern Territories, the Native Authorities have additional powers for enforcing famine relief measures. 59. There are at present forty-three Native Authorities in the Colony, twenty-nine in Ashanti (including three non-confederacy Authorities), thirteen in the Northern Territories and five in Togoland (Southern). State Councils 60. The Native Authority Ordinances distinguish clearly between the func- tions of Native Authorities and those of the Sta'te Councils where the latter exist, but this distinction is largely obscured by the practically identical mem- bership of the two Councils. The laMer have power to enquire into and 12 determine all matters of a constitutional nature arising within the area of the authority of .the Council. They retain all the powers ,,:,hich they enjoyed in the past by virtue of Native Customary Law, which lllclude the power to make declarations of Native Customary Law. All such declaratlons have to be approved by the Governor. 61. In the Northern Territories, there is no provision for dealing with con- stitutional i5sues, presumably because such cases are rare or non-existent. Municipal (Town) Councils 62. Municipal Councils in their present form have been established by Ordinances in four towns viz: Accra (iNo. 26 of 1943); Cape Coast (No. 18 of 1944) ; Kumas~ (No. 18 of 1943) ; and Sekondi-Takoradi (No. 29 of 1945). 63. The composition of the Councils is as follows:- (1) Three official members appointed by the Governor. These include an Administrative Officer who acts as President, except in Kumasi where the Assistant Chief Commissioner, or some other nominated official acts as President. (2) Nominated unofficial members:- Two nominated by the State Council. 0l!e nominated by the Chamber of Commerce. (3) Elected members:- Seven, one from each ward in the cases of Accra, Cape Coast and Sekondi-Takoradi, and six for Kumasi. 64. There is an African majority in each of the Councils. 65. The Governor, or Chief Commissioner, appoints the President, and though there is provision for the election of the President by members, this has not yet been invoked. The autonomy of these councils is very much restricted. Qualifications for MemberShip 66. Those entitled to membership of the councils by election must (1) be owners of real or personal property in the town of the value of at least £200, or occupiers of premises in the Urban Area of an assessed annual value of at least £20 and pay the rates thereon; (2) have a reasonable knowledge of English; and (3) hs.ve registered as voters. Qualifications for Voting 67.-(1) Voters must be of the age of 21 years or over. (2) For six months before the period of registration the voter must have owned assessed premises or have rented a living room in assessed premises or have by virtue of his employment occupied any part of assessed premises in the particular ward. (3) A husband or wife of a person entitled to be registered as a voter who has attained the age of 21 years and resided in the town for six months, has a vote. (In the case of Kumasi, Provision (3)aboye is absent.) General elections take place every three years. Duties and Powers of the Councils 68. The duties and powers of the Councils include the execution within the mun.icipalitie~ of dutie~ specified in certain Ordinances; performance of services relatmg to samtatlOn and general welfare. The Committee system is developed. 13 69. The revenue of the Councils consists of certain f~es, duties, fines and penalties undt" Ashanti and the Northern Territories. 15 SECTION II-MAIN TYPES OF LOCAL AUTHORITIES General Principles 84. It is desirarble in setting up local authorities to give consideration to the following factors:- (1) Community of interest of the people of the area. This implies that existing states and divisional organisations should, wherever practic- able, be the basis for the formation of a Local Authority; (2) Population; and) (3) Resources-the amount of revenue from local sources that each area can command. Regard should also be paid to significant geographical factors. 85. Where a state is large enough, it is suggested that it should form the basis of a Class "A" Council (as explained below). For this purpose states with populations approximating to 100,000 and over can be con- sidered suitable if their financial resources are adequate. The greater the population and resources generally, the better, but no local government authority should be so large as to be unwieldy-400,000 is suggested as the upper limit. . 86. In the case of small states or divisions, we envisage that the present policy of federation will continue and that two or more such states will co-operate to form a Class " A " local authority. The member-states would then be classed as "" B " or " C " Authorities according to their size, resources . and populartion. 87. Although the existing states would form the basis of the formation of local authorities, yet it is important that efficiency and convenience of administration should not be sacrificed to this principle. Consequently, wherever there is a conflict between geographical factors and traditional allegiance, the former should prevail if that would lead to more efficient administration. That this is possiible is shown by the formation, within the Kumasi Division, of Area Authorities, for administrative purposes, by the grouping of contiguous villages with different and distant political allegiances. It should be possible also .to apply this principle to states with scattered subordinate areas a·nd to such townships as Nsawam which spread over two or more state boundaries. Framework of Local Authorities 88. There can be no standard size of local authority suitable for all functions-~oD;lueI.Yjces re uir~ge and .so~~al1 units~ At the same time, local sentimeDJt s ou I e given Que weight. 89. We have given prolonged consideration to the types of local authority that will be required. We recommend that there should be established three Classes of Local Authorities which may be designated" A," "B," and" C " Authorities or Councils. 90. Class "A" Councils will be the highest local government authorities compnsing both Municipal Councils and what may be described as "District Councils." Non--Municipal, Class" A " Councils or District Councils 91. As already mentioned state areas whioh are large enough, and whose resources will enable them to maintain themselves as economic units will be classed as "A" In other cases, the Class "A" or District Council will be constituted by the amalgamation or federation of a number of state areas for purely local administrative purposes. 16 92. We recommend that a special Commissioner be appointed to demar- cate the boundaries of the new districts. for which proposals are ' made in Appendix XI. 93. For the staff and range of functions that are envisaged for Class " A " Councils. it would appear that figures of population of units 100.000-200.000 may be taken as a basis. Within limits. the larger the population, the better. the limiting factors being the need to retain local interest and enthusiasm and the necessity for bringing the local authority into as close a contact with the people . as possible. The overall population limit is given in paragraph 85 above. 94. It has been suggested th-at the units recommended will no~ be economic to run if they are to carry out all their functions indicated below, and that it would bt': better not to attempt too much by placing unnecessary burdens on local authorities. The solution suggested is to reduce the number of classes J of Councils, to limit their functions, and to hand over to the Regional Administrations those functions that ,are considered to be outside the com- petence of the local authorities. 95. We feel, however, that in the division of functions between Local Authorities and Regional Administrations, every effort should be made /to / retain within the competence of Class "A" Authorities all purely local government duties, particularly those functions which intimately affect the interests of residents in the locality,as weat1aoh the utmost importance to the training which the carrying out of reasonable local responsibility entails. 96. One other point has to be made. Although the intention is that local authorities should concern themselves with purely local government duties, yet when it comes to the amalgamation of state areas to form Class "A" authorities, political considerations may hinder progress, and for some time to come this factor may be important. We have suggested in paragraph 162 a Joint Committee system as a way out of this difficulty. In this context they must, however, be looked upon as a temporary expedient. Class" B" Authorities 97. In order to make full use of loyalties at lower levels, it will be neces- sary to have local authorities with more limited powers than Class" A." It is to be expected that this class of authorities, Class" B," will in general, be subordinate to District Councils (Class" A "). But there may be cases where, for political or other practical reasons, independent local authorities will have to be created for units which are too small or too poor to be classified under Class" A." Such authorities, though autonomous, will require the powers of Class "B" authorities, and be designated as such. Class" B" authorities may cover urban or rural areas. Urban Areas 98. There are towns in the country with populations of 10,000 or more which form compact units, and which have special problems requiring special treatment. They are usuaIly cOSl1Ilopolitan in oharacter and in some there are considerable commercial or mining interests. 99. The economic life of nearly all towns is interwoven to a large extent with that of the surrounding villages. Markets, for instance, flourish because surrounding areas patronise them. Each town and the villages surrounding J it must be considered as one administrative area, and in dooning the boun'· daries of urban authorities, this matter should be given due consideration. 100. Some sources of revenue may require division between the urban area and tht': District Council. The share of each can be determined by agreement between the two bodies. Wherever there is \lisagreement. the Regional Admixistration should act as a final aribiter. 17 101. Special interests, suoh as Commerce and Mining, play an important! part in the economic life of the towns. In the case of mining Me!as, it can be said.·that mining ·activities have created the towns. Such bodies have, in fact, been very useful in the past in contriJbuting, directly and indirectly, to the provision of looal social services and other amenitles. They can still play an impor~ant role in tilie future. Their co-operation may be necessary in affording the Councils useful !technical advice. It is necessary that ~heir goodwill and confidence should be reta·ined. They should, therefore, be given such representation in the Councils as local circumstances will permit. 102. Urban Area Councils should Ibe autonomous in :those functions / assigned to them and should have the right to oommunicate direct with the Regional Administr,ation on matters within their competence. Rural Area Authorities 103. After providing fOT uDban Meas, the "District" should be divided into a number of Rural and Village Areas. Such divisrons should conform, as far a.s possible, to the overall community of interest of the area, thus making use of the focal points of local loyalty and enthusiasm. Where a " District" has been formed by the amalgamation of independent states (or Divisions or Native Authorities), the cOllDponent units should form the basis for the formation of such Councils. Suoh rural areas should have a popula- tion of 25,000 or more. 104. The relationship between Rural Area Councils and District Councils as regards taxing and rating powers and executive functions will be the same as for Urban Area Councils, but the range of functions need not be the same as for Urban areas as this will depend on the size and resources of the areas concerned. Class" C " Authorities (Village Area Councils) 105. It may be desirable to create Class" C" Authori1:ies for areas which are too small to warrant a higher class authority and which cannot be amalga- mated with other neighbouring areas . Their Councils will be responsible direct to the District Council. 106. There are also cases where local conditions in Rural (Class" B ")areas may make it necessary to split up the area into subordinate Councils of Class " C" status. It is to be hoped that such cases will be few. 107. The village, the smallest community unit, should be given a place in any scheme of local government as a large proportion of the population live in villages. It is to be hoped, therefore, that Classes" B " and "C " areas will not be so large as to make the influence of the component villages ineffective. 108. Class" C " Authorities will have lower Dowers than Class" B " Autho- rities and their functions will be limited by their resources and size. The possibility of up-grading a Class "c" Authority as circumstances permit should, however, not be ruled out. 109. It has to be mentioned that the terms" District", "Rural Area ", "Urban Area" and" Village Area" used above are purely descriptive, and the emphasis is to be put on the class of the authority rather than on its geographical situation. Municipal Councils (Class" A " Authorities) 110. The existence of Municipal Councils side by side with Native Autho- rities has long been considered anomalous. It has resulted in dual taxation and divided authority. In order to avoid overlapping, it is clearly necessary to concentrate the local government powers of a locality in one local authority. 11 L It has been sugges~ed in some quarters that the present Municipal Councils shou1<.llx: Jilerged mto the Native Authorities and that the traditional 18 ruler should be given supreme authority over the Councils. We consider, however, that it will be impracticable to put this into effect at thi~ advanced stage of the development of Municipal Councils. A way out of. thIS dIfficulty would appear to be to increase the number Qf members nommated by the State Councils, which we have done in paragraph 137. 112. We also suggest that the prevalent idea that the Municipal Councils should act on behalf of the traditional authority in local government should be fostered by recogni~ing the local ruler as the President of the Council for ceremonial purposes. He may preside on formal occasions. 113. The business of the Council should, however, be CQnducted by a Chair- man elected by the Council. The IQcal ruler can formally deliver his seal of office to the Chairman on his assumption of office. The authority of the ruler may also be signified by his presenting to the Council a gilded State Sword (or suitable equivalent) in lieu of the traditional Mace. 114. Municipal Councils should be autonomous, all-purpose bodies, and should normally discharge the same range of local government functions as are - assigned to Class" A " Authorities. Desirability of Creating New Municipalities 115. The populations of the present municipalities are as follows (1948 census):- Accra 135,456 Cape Coast 23,061 Sekondi-Takoradi 44,130 Kumasi 77,689 (including suburban areas). Other towns with populations of over 15,000 are as foilows:- Koforidua 17,715 Winneba 15,920 Tamale 17,372 Obuasi ... 15,833 116. We consider that the latter set of towns are not large enough to be given Class" A" status. ,We suggest that they should be constituted Class " B " Authorities with as wide a range of functions as their resources may warrant, but linked up with their District (Class" A ") Councils which should retain those functions which can best be managed at District level. Other matters concerning the administration of the above and other towns are discussed below. Some Local Administration Problems Discussed 117. Accra: The popUlation of Accra municipality is about 135,000. The rest of the Ga State has a population -of about 46,800. Taking into c6n- sideration the size of the population and the resources available to this area, we can only recommend a Class" B " Authority for the rural area of the Ga State, This should, however, be autonomous. 118. The economy of Accra is interwoven with that of the rural area. For instance, if the Accra Municipal Council decided to establish a fuel reserve, it would depend on the rural area to provide the land. We recommend, therefore, that for purposes of co-operation, a Joint Com- mittee of the Accra Town Council and the Ga Rural Area Authority should be formed. This should not preclude the Ga Rural Area Authority from forming other associations with neighbouring authorities for specific purposes. 119. Cape Coast: The position of Cape Coast Town Council as an all purpose local authority has to be further examined. Its population is small as compared with the other municipalities, and its resources are not very 19 great. The following comparative estimates figures for 1949-50 throw this problem into relief:- I Hpuse R'\tes Total Revenue InclU~g ,I Net Bus Servic e Gover cnt \ earnings I cohtribution , £ \ £' £ Accra ,., ... ... .. . 283,331 71,000 44,075 Cape Coast ... ... .. . ... 28,400 6,388 - Sekondi-T akoradi ... .. . ... 93,225 20,000 11,916 • Kumasi ... ... ... .. . 238,318 34,916 7,696 ---- 120. We recommend that the Cape Coast Town Council should be enlarged to include Elmina township. Even so, it is probable that the extended area would only qualify as a Class "B" Authority although it should remain as completely autonomous as possible. 121. Kumasi: The population of Kumasi township is about 77,700. The remainder of the Kumasi Division within the present administrative dis- trict of Kumasi has a population of about 220,000. We consider that this rural district of Kumasi is large enough to constitute a Class" A " Authority by itself, separate from the Kumasi Town Council, and we recommend accordingly. 122. Koforidua: We have given consideration to the possibility of constitut- ing an urban authority for Koforidua town. To carve an urban area out of the New Juaben state of which Koforidua is a part, would make the rest of the State difficult to administer. All the villages of New Juaben are ;really suburbs of Koforidua, and their economic life is closely bound up with it. With these facts in mind, we recommend that a Class" B " Urban Area Authority be constituted for Koforidua and the villages of New Juaben, with a special Committee charged with the administration of the services of Koforidua town. 123. Winneba : Should be treated on lines analogous to the treatment sug- gested for Koforidua, 124. Tamale : We recommend that there should be instituted for Tamale a Class "B " Urban Authority under the Dagomba District Council. 125. Obuasi. Tarkwa-Abosso: We recommend that these places be given Class "B" Urban Authorities analogous to the one suggested for Tamale. Similar provisions may be made for the other mining towns of Nsuta, Bogosu and Prestea in the Wassaw district. Wherever possible, towns close to each other should be administered by one authority. 126. Nsawam : The town of Nsawam spreads across the boundary between Akwapim and Akim-Abuakwa, The situation is further complicated by the fact that the people of Adoagyire and Sakyikrom (on the Abuakwa side of the boundary) owe allegiance to the Akim-Kotoku and Akwamu chiefs respectively. It is clear, however, that the two parts of the township must be administered as one unit to avoid unnecessary duplication of staff and services. We believe that neither the Akwapim State nor the Abuakwa State will agree to their part of the town being made a part of an urban authority under the other state. In fact, we know that there is considerable opposition to the creation of a special urban authority. 127, Nevertheless, we recommend that an urban authority of Class" B status, independent of any Class" A " Authority, be instituted for Nsawam township. Both State Councils should be represented on the council. 20 128. Consideration may be given to applying a name other than "Nsawam" to this authority. The name can, however, be determined when the authority is established. 129. We also re«ommend that those services which may fall outside the jurisdiction of the urban, authority be provided by a Joint Committee of the District Cou\lcils th which Akim-Abuakwa and Akwapim may belong. 130. The fram~~rk of local administration suggested is illustrated in the following diagram ':-- ) I I Class" A " Authorities Class" A " Authorities (District Councils) (Municipal Councils). Certain Class " B " Authorities (Urban and Rural Areas) I I Class "B" Authorities Certain Class " B " I (Urban Areas) Authorities (Rural Areas) I I Certain Class " C " Certain Class " C " Authorities Authorities (Village Areas) (Village Areas) SECfION llI-COMPOSmON AND FUNCfIONS OF LOCAL AUTHORITIES Sizes of the Councils 131. The number of Councillors on the various Councils shauld be as small as possible, having regard to the financial resources of the areas and the need to keep down administrative costs. Class " C" Council memberships should not exceed nine. Class" B " Council membership·s should not exceed eighteen . .C ouncillors on Class " A " Councils, as distinct from "EIders"* should total any of the following numbers:- 18, 21, 24, 27. Composition of the Local Authority Councils Representation of aU elements essential 132. The importance of ensuring that all elements of the community are represented on the local authorities is generally realised. We agree with the • Paragraph 154. 21 66333 A 6 principle of representation enunciated at the London Conference of 1948. namely. " if local government institutions are to be fully representative, they must provide representation for the traditional elements, the emerging pro- fessional aNd oommercial classes, the educated element generally from which the most politically-conscious members of the com.munity emerge, as well as for the great mass of the rural population. It is important that l{)cal govern- ment bodies should be representatives of all genuine residents of the area whatever their origin, rather than merely of the principal tribe " . 133. Although it may not have been intended \hat this principle should include non-Africans on the local government 'bodies, the time has now come for provision to ass "A" Authorities, though autonDmous in the sphere of functions assigned to them. There may be cases where, for practical reasons, independent local authorities will have to ,be constituted for units which are too small or too poor to !be classified as an "A" Authority. Snob authorities, though autono-mous, will be given the powers of Crass" B " authorities and !be designated as such. 239. All ul'ban .areas (towns and surrounding villtages) of populations of about 10,000 or more should be constituted Urlban Area Local Authorities (Gass " B ") under the District Councils. 240. Rural Areas of popul.ations .approximating to 25,000 or more should be constituted Rural Area Local Authorities (Class "B ") under the Distriot Councils. Class" C " Local Authorities (Report paragraphs 105-108) 241. Class" C " Local Authorities may have to be created for ·areas which are too small to qualify as Class "B" aunhorities and which cannot be amalgamated with neigh1bouring areas for that purpose. These, when formed, would deal direct with the District Councils. 242. The possi:bility of up-grading the lower classes of authority, as circum- stances permit, should not be ruled out. Municipal Councils (Class" A " Authorities) l(Report paragraphs IH1-129) 243. Municipal Councils should be charged with all local government powers and duties wi1!Jhin their 'areas. There should be nQ other authority with local government powers in the area of a Municipal Council. 244. We do not recommend the creation of any new Municipal Councils of Class "A" type, but we have made special recommendations in respect of the existing municipalities and a number of ouher towns. (See paragraphs 117-129). Sizes of Councils (Report paragraph 131) 245. Class" C" Council meanlbership should not exceed nine. Class" B " Council membership should not exceed ei~hteeq. Councillors on Class " A " 34 Council~, as distinct from "Elders," should total any of the following numbers: 18,21,24,27. j Composition of Councils (Report paragraphs 132-148) 246. All local residents whether Africans or not should have the right to stand for election and have the vote. Bu1 all laws of the local authority should apply to them also. 247. A proportion of the seats on all local authorities should be reserved for the appointees of traditional councils. This ~hould nowhere be less th.an one-third. 248. As a matter of policy, the memlbers of ressiv~y applied III certam areas. 249. The method of election should be direct by whatever method will com- mand local confidence, that is, Iby secret ballot, acclamation, use of coloured boxes or coloured cards. 250. District Council (Class "A") membership should include a lamited number of representatives from Class" B" Councils under it. 251. A limited number of seats should be reserved for commercial and mining interests wherever necessary. Qualification for voting and membership in aU Local Authorities (Report paragraphs 149-151) 252. The franchise should be given to adults who have been in residence in the locality for six months, have registered as voters, and have paid their local tax. - 253. Membership of the local councils should be limited to those qualified to vote, who have registered as voters, and in addition are womh a gross annual income of not less than £100, except in the NOvthern Territories where the last qualification should be determined in consultation with the existing Northern Territories Territorial Council. 254. Members of District Councils should, whenever possible, be literate. Literacy tests should be applied as early as possible in all areas. Life of Councils (Report paragraphs 152-153) 255. Class "c" Councils should have a life of two years, all members retiring at the end of a two-year term. They should be eligi-ble for re-election. 256. Class "A" and "B" Councils should have a life of three years, one-third of the members retiring each year, after the first year; members should be eligible for re-election . Elders (Report paragraphs 154-157) 257. The principle of electing" Elders " (equivalent to Aldermen in Britain) should be established after the first six years of all Class "A" Councils. These Elders should sit for six years, half of them retiring every three years. 258. The Elders should be elected from amongst the members of the Councils and from those qualified to be members, provided that not more than half should be elected from outside the Councils. 259. The number of Elders should not exceed one-third the number of Councillors. There will be a bye-election in any ward where an elected Couucillor is elected an Elder. 35 Oommittees (Report paragraphs 158·159) 260. Each of the Class "B" and Class "A" Councils should work through Committees. For District and Municipal Councils, the following Committees are essential and their appointment should be required by the ordinance setting up local authorities: (a) Standing Finance Committee; (b) Watch Committee for Police; (c) Health ,Committee ; and (d) Education Committee. The principle of co-opting persons to the Committee other than Councillors should be established. ) Presidency of the Councils (except Municipal Councils) (Report paragraphs 160·161) 261. As a general rule, Chiefs, Or their representatives, should be the presidents of all non-municipal councils. Each Council, however, should have the power to elect its Chairman, who, if he is other than a Chief, should be deputy president, but the way should be left open to each to decide whether the Chief should also be the Chairman. JointCQmmittees (Report paragraphs 162.166). 262. Two or more local authorities can co-operate by appointing some of their membl3rs to form a loint Committee to which may be delegated all those functions which can best be discharged over a larger area because of finance, geography or convenience. 263. Where it is not possible to arrange combinations of State areas to form District Councils, this device may be used; Ibut the idea may be extended to loint Committees of two or more Class "A" local authorities, where necessary, for a limited range of functions. y Functions of Local Authodties (Report paragraphs 167·173). 264. The functions which local authorities should discharge may be roughly classified as follows:- (i) Welfare Services, including Health and Sanitation, Education, Water Supplies, Public iLighting, and implementing policy as 10 Town ,and Country Planning. (ii) Protection Services, including Fire Brigade and regulation of the sale of food and drugs. (iii) Communal Services, including Roads, Community Centres, Libraries, Recreation Grounds. (iv) Revenue Earning Services including Transport Services, Fuel Reserves, Markets, Lorry Parks, Ferries and River Ports, and Licences. A suggested basis for the detailed allocation of functions to the various classes of local authorities is given in Appendix x. j Relationship Between State Councils and Local Aulhorities (Report para- graphs 174·184) 265. The division of functions between State Councils and the Local Authorities should be made clear and distinct, all local government powers and functions being assigned to the Local Authorities. The Local Authorities should come directly under the control of the Regional Administrations. 266. The appointment of a proportion of the members of the Local Authority Councils by the State Councils, and the fact that the local Chiefs will be the presidents of the Councils, should preserve the link of these Councils with the traditional authorities. 36 267. State Councils should retain their power to determine all customary and constitutional issues as at present. They should also have the power ,to make bye-laws affecting customary and constitutional matters, and the social, cultural life of the people, subject always to proper control. / Personnel (Report paragraphs 185-191) 268. Members of the Local Authority Councils should not be paid but \ I actual out-of-pocket transport expenses should be paid to all Councillors I..: while on duty. . 269. A Local Civil Service Appointments Board should be established which will fill, on behalf of eaoh local authority, after due advertisement, all but the most junior posts. 270. A contributory superannuation scheme should be established which will enable persons engaged by one authority to move elsewhere w1thout loss of superannuation rights. ,271. The Central Government should, meanwhile, second to local authorities its officers who are interested and willing to serve the new councils. This is essential in the case of the clerk and treaSMrer of the District and large sub- ordinate councils, who should be designated Secretary and Executive Officer and Financial Officer respectively. 272. Recognisable technical qualifications should be laid down for the various grades of posts. Finance j Local Revenue (Report paragraphs 192-208) 273. Two methods of taxation are recommended. The first is the replace- ment of the existing fiat rate of annual tax by a varying rate based on ability to pay which itself may be determined by the main indices of wealth in the locality. Alternatively, a modified form of the existing annual rate and, in addition, a -tax on property 'and / or other forms of wealth in the locality should be imposed. 274. Local Assessment Committees will be necessary for the first alternative. For the second, the Central Government tnrough the Regional Councils should provide a trained corps of valuers whose services should be made available to localities at agreed fees. This will ensure efficient, more up-to- date and Ul1iform standards of valuation of property. 275. The net profits from municipal enterprises, after providing for loan charges and depreciation, should be distributed as follo ws:- (a) a fixed percentage s,hould go into the general revenue of the Councils ; and (b) the rest should be used 10 improve and, where possible, cheapen the service to the public. 276. In each local authority area by agreement with the traditional authority of the area, a fair proportion of the sums collected from stool lands should go to ~he local authority. In all cases, the local authorities should act as .agents for all revenue accruing to the stool. Central Contribution (Report paragraphs 209-210) 277. The subventions from the Regional Administrations will be as follows:- (a) Reimbursements for services rendered by local authorities as agents of the Regional Administrations. (b) Percentage grants in respect of such services as education, and main- tenance of roads. (c) ~l:)Ck grants to even out differences in the resources of various local authonties. 37 6633" A 10 . Rates and Taxation (Report paragraph 211) 278. The Class" A " Council in each area should be recognised as the sole rating and tax authority, and each of its. su~ordina.te councils sho~ld issue a requisition to it in respect of revenue which 1t reqUIres for theserv1ces un~er its direct control. The collection will be done by each subordlDate authonty which will retain the portion of the tax belonging to it, and pay the rest to the rating authority. 279. Class "B" Councils which are completely independent should be responsible for their own rating and taxation. Liability of Members of the Council (Report paragraph 213) 280. Any person making any payment not authorised under the approved e timates of a local authority shall be liable to refund the amount with such penalties as will be laid down by legislation. Powers of RegionaJ Administrations (Report paragrapbs 214-217) 281. The Regional Administrations, when established, should have the ,power of supervision over Local Authorities within their territorial boun- daries. The Central Government should delegate all its powers in relation to Local Authorities to the Regional Administrations. 282. The Regional Administration should have the power to provide local services if a Council becomes recalci trant and to enforce the imposition of rates to cover these services. LocaJ Courts (Report paragraphs 218-234) 283. A number of suggestions have ,been made for the improvement of the standard of justice in Local Courts, now called Native Courts, and it is suggested that a special Committee be set up to examine the whole question. 38 P R I -R GIONA ADMJNT.{jTRATIO S cno SIDERATIO bility of R gional Organisations four d lib rati ns. we h3 vc IVcn much arne t n Id rall n [ th fundamental I ue of wh [her Re lon;-d rvanl allon\ arc d .Irable. or whether th ) "",ould, 10 facl. ruer I Impose an unnccc' ary .. po t ffice" betwc n th Local Au[h nlles and the entral ''1vernmenl. To thi end w ha\ exallllUed crtaJl1 alternatlvc propo<.al, 1'1 lhe fie l that Local Auth nLI hould deal dIrect wllh the cntral ovcrnment. fr m which th y bould recei\e Wide powers. both ex ull,e and admlnl ra· tiy. We fe l, ho\\ \ er. after careful serulil1). thai wch proposals. although th oretlcally ingeni u , would not land the te t of pra tice. 'or ooe thlOg. they are based upon the a umpllon tbat the cntral ovcrnment w uld be capable of dealing direct with. and eo-ordlO3ting lhe a t)vJtle of. a very large number of individual Local ouoed . and no Je. WIth the Head of tho e D partmen the scope of wbich lie ut ide the pUrvl w f the Local Authoritie . 285. Such a taSk, we consider, wouJd inevitably lead t a further con· centration of power in the hands of tbe Cenlral Go\crnmcnt. and to additional centralisation in an already over-ccntrali ed ) k:m. For wbiJe. as we believe. it would be theoretically po ible t dcccntrali e t Local Authorities, in .practice, due to inexperience and ign ranee of the new obligations, a large measure of guidance control and e . rdination w!ll be necessary if they are to function succe fully. At the same time. in , order to ensure tha.t the day-to-day ad mini tration of the c untry may proceed smoothly and expeditiously, we are ati .tied that a large mea ure ot decentralisation of function and of devolution of power by the cnlra l eGovernment is a. necessity, and even today that it i already overdue. W note the dela.ys now inevitably resulting from an overburdened Centra l Secretariat. This fact, taken in conjunction with our belief in the unwisdom of delegating too wide powers direct to Local Authoriqe, and with UI reluctance to approve that the Central Government should undertake the task of co-ordinating the activitie of the large number of AuUlOritie lik Iy to be concerned, has therefore con.fi.rmed us in the opinion that there i a very real need for some organisation to be interposed between the Local Authorities and the Central Government. 286. If we may illustrate our proposition with a homely example. Town .. A" and Town " B" in neighbouring Districts both require fund to establish a sewage scheme. If the monies available will not permit both projects to be implemented, a decision may be required that one town hall have priority. It would be preferable tha t this decision should be taken. n t in the remote atmosphere of the Central Government, but at a lower level where the full knowledge would exist of the relative needs of town " " and .. B," and that it shouJd be made by men who are them elves inti· mately concerned with developments of thi s nature. 287. We are also agreed that the establishment of Regional Orga ni alions would permit a greater number of persons to participate and to .receive training in the administration of tbe country. In tbi way, too, J cal unity would be fostered while the advance of the Gold Coa t as a whole to nationhood would jn no way be impaired. It is against this background that we have considered the various issues involved . 39 66333 A II DesignatioD of Regioaal Ol"gaaisatioBS 288. We have dIscussed the various title-s which might serve to denot the status of the RegIOnal Organi ation which we have in mind. Such orgarusations in our view should be designated" Regional Admini tration :. '.\ hich term will be u ed henceforward in thr Report. SECI10N ll-POWERS AND FUNCTIONS OF REGIONAL AD~UNI TRAT IONS 289. There would appear to be no infallible te t of principle t dl'\:id whether any particular servIce hould be performed by the Central Govern- ment or by Regional Administration of the nature which we envisage. It has therefore been found difficult to frame a clear and COOCI c definition of the po'.\ers and functions which. in our view. the RegIOnal dministratioos should exercise and perform. One difficulty has been the me'cupable fact tIDat all power delegated to them must emanat' from the Central Govem- ment, which must be able to ensure that its policies ure adequately c rried out. This pnnciple would appear to imply fir t. the pa age of a greut volume of legi lation. in which the pmvcr and function. of the Regionnl Administrations. III all aspects. will be defined by Ordinance It would imply also that the Central Government must retam overriding control. both financIal and legal, over the Regional Adminl trahon 290 It IS apparent. therefore, that much will depend upon the willin~ness of the Central Government to delegate re ponsibility to the Regional AdmmlstratlOns. With the e reservations we wi h to make the follOWing observatIOns concermng the powers and functions which. in our vIew. should be delegated to the Regional Administrations:- 291. In general. we are of the opinIOn that the Central Government should, to the maximum pos ible degree. decentrali~e Its powers to the Regional Admmistrations. These powers should be buth admtnistrattve and executtve. We think that this prinCiple should be clearly staled in the new Constitution. Obviously, however, certain matters will lie outside the scope of the Regional Admlllistrations. Such matter~ may include:- (a) Any subjects .. reserved" to the Governor. which will Similarly be re crved at the RegtOnal level. (b) Matters \\ hich affect more than one Region. for example: Departmen tal Headquarters. Trainlllg and Research. Aviation. CuStOD15 and E'tcise. Transportation (Railways and Harbours). Po~ts and Telegraphs. Higher Education. ~ Audlt. Commerce and Indu try. Fore try. Lands. Police. ee) • fatter which for eomenience or expediency should be controlled by the Central Government although in fact susceptible of devolution. In some cases the criterion may be the question of expense. in others it may be that of param01mt administrative convenience. 2Q2 Whlt, tlli:n. ill remain for the Regional AdministratlOtU to per- form? In our \iew. they will act a$ the agents of the Central Government in such of tOO ~ field excluded from the three categories listed in para- graph 291 abo\·e. as may be specifically assigned to them, in wbicb they 40 should exercise both administrative and executive control to the fullest extent. / We have not attempted, in this Report, to provide any detailed classificat,ion of the various activities of Government under Central and Regional .heads. As an indication of the lines on which such an analysis might proceed, we think it profitable to draw attention to Sir Sidney Phillipson's report* on the F.ina.ncial RelatiolllS betweeDi the Central Government and the Nat(i,'Ve Administrations in Nigeria. We are of the opinion that a detailed analysis of a somewhat similar nature must be made Of the relations which should exist between the Central Government and the R.egional Administrations, in conformity with the broad principles enunciated above. The necessary legislation should then ,be introduced to place this relationship on a statutory basis. Initially, pending the introduction of this legislation, an Enabling Ordinance may be necessary to permit decentralization to proceed at the discretion of the Executive Of the Central Government. 293. Although we appreciate that any recommendations which we ,Il1ay make on this point must ,be subject to the results of the detailed analysis and to the provisions of any subsequent legislation, we feel that it will not be out of place to record our views on certain aspects of the question. In general, we recommend that tbe spheres in which power should be delegated to the Regional Administrations should include lIealth, Education, Public Works and Social Services. 'We think that, in those spheres in which power is not delegated, the Regional Administrations should be empowered to submit s).lch recommendations as may be deemed appropriate to the Executive of the Central Government. 294. We are also of the opinion that the Regional Administrations, as the agents of the Central Go'Vernment, should supervise the activities of the Local Authorities, and should control their finances through the approval of their, Estimates. In ,this connection, it may be that a Regional Administration will require to impose sanctions, in extreme cases of unsound administration or financial policy, against a Local Authority, Although we consider that such instances will be extremely rare and that in most cases the advice of .the Regional Administration will 53 appoint. These Committees may include officials and others who ar not members of Council. Similarly officials and other individuals may be called upon. as may be necessary. to tender advice to the Executive Committee. (e) In the event of a conflict of opinion between the members of the Executive Committee and the Regional Administrator. the matter may be referred to Council for a decision. In the event of a conflict of opinion between Council and the Regional Administrator the matter may imilarly be referred to the Central Government for determination. Regioual Administration StaJI (Report paragraph 337) 352. Subordinate ~taff shall be provided for the Regional Council and Executive. PART V- THE LEGISLATURE SECTION I-GENERAL CONSIDERATIONS 353. After long and anxious deliberation, the Committee, by a majority of 20 votes to 19. has voted in favour of a bicameral Legislature. (i) Some of the reasons in support were: - (a) A Second Chamber would serve as a check on hasty legislation and would enable emotional issues to be considered in a calmer atmosphere. (b) It would enable paramount chiefs and other persons of eminence who would not be disposed to stand for ordinary election, to make a valuable contrrbution to the government of the country in a place befitting their rank. dignity and position. (c) It would ensure permanence in, and respect for, the traditions of the country by establishing a House of Elders. (d) It would provide for equal representation of the Regions, and would permit the representation of interests which would otherwise have no voice in the Legislature, (e) It would maintain the sovereign authority of the various states. Cii) The arguments against the proposal stressed: (a) the probability of friction between paramount chiefs and people if the former were confined to a Second Chamber; (b) the added expenditure in setting up an additional Council for chiefs and Elder Statesmen. involving as it would the journey to and stay at Accra of a greater number of Chiefs, with their attendants, for long Sessions; (c) the consequent stagnation in the immediate affairs of more states than under a unicameral system which would be affected by the absence of their chiefs; Cd) the effect on the number and quality of members available for a first chamber, a point which may be particularly applicable to the Northern Territories; (e) that the interaction of thought between elected members and" Elders" III a unicameral Chamber would not only be beneficial but would be in consonance With the accepted traditions of the country; U) that once a Second Chamber is established it would be extremely difficull to disestablish it should it later be found unnecessary. The status of the chiefs might be destroyed in the process. 35~. Although, therefore, recommendations are made on the basis of a bicameral legi.lature. alternati\'e recommendations are set out for considera- t Ion If a II1gk hamber legislature is ultimately approved. 355 The omposition of the Second Chamber would be: nine members ekctcJ b) each of the four regions in a manner to be determined by the e l.tlllg Terntorial Councils III the case of the orthern Territories and Ashanti and b) statc.:~ III the case of the Colony and Transvolta. And in addition, one m m~r )f each would be elected for their special interests by the Chamber l)r ommerce and th hamber of Mines. 3)0 The cl)nd hamher \\ould not be subject (0 dissolution, but at r ~ular int f\ab of thre )ears \\ould renew itself b) the retirement and I '(ion t~f ,)n -third of the member' representing each Region. First BollS 3:7 It · ugg '. ted that the First Chamber -hQuld he called the Hou e of mbl. _ 55 358. Its composition is set out in paragraph 373. The Northern Territories should be given their full number of seats but, if necessary, they would be filled progressively as and when candidates become available. 359. The method of election of members has had very full consideration. A Commission will be necessary to define constituencies outside the existing municipalities. 360. In the existing municipalities, elections would ,be direct in a single stage by ballot. In the other constituencies, comprising urban and rural districts, there would be a primary election by universal adult suffrage, by a method appropriate to each constituency, of delegates to an electoral college of the constituency. Those delegates would, at a secondary election, elect by ballot a nominated candidate for membership of the House of Assembly. The electoral colleges would remain in being for bye-elections. It is suggested that the electoral college for a constituency should consist of not less than 400 delegates to ensure a fair election on the broadest practicable basis. 361. Males and Females of the age of 25 years and over should have the vote. A voter should previously have registered, and, in addition, should either have paid or contributed to the payment of rates or have paid levy or annual tax. 362. We wish to add one further point in connection with the membership of the House of Assembly. We consider, as an interim arrangement designed to assist in providing adequate numbers of suitable candidates, that local government employees should not be debarred from seeking election, always providing that th€y have the permission of the Local Authority so to do. 363. The other recommendations do not require special comment. SECTION II-RECOMMENDATIONS General 364. The Legislative and Executive Councils. ,as CIJt present constituted. shall cease to exist. Composition of Second Chamber 365. There shall be a Second Chamber, which shall be called the Senate, consisting of thirty-eight members, who shaH be called Senators. Of these Senators, nine shall be elected by eaoh ad' the four Regions, not less than one-truro of this number ,being non-chiefs. Such members shall 'be eleoted in a manner to be determined by existing Territorial Councils in 1.he case of the Northern Territories and Ash-anti and by states in the case of the Colony and Trans-Volta. The 1WO remaining Senators shall be elected, one by the Chamber of Commerce and the other :by the Chamber of Mines. QuaIifications for Admission to the Senate 366.--{a) The minimum age of entrry shall be thirty-Dve. (b) The disqualific'ations for membership shall be as prescrilbed for the Lower House, and, further, in the case of a Chief, also if he ceases to ibe a Chief. Tenure of Office of Senators 367. The normal term of office of a Senator shall be nine years, but one- third of the Senators returned by each Region shaH retire every three years, and shall be eligible for re-election. Provided always tha't the Senators elected Iby the Chamber of Mines and the Chamber of Commerce shall lbe excluded from the aJbove procedure, their seats becoming vacant every three years. 56 Elec:tioa of PresideJlt of Seaate 368. The Senate shall elect its own President. Provision shall be made for the Senate to select One Senator to perlorm the functions of the President during hli absence. QUOl'IIm of Senate 369. A simple majority of the Senate shall constitute a quorum. MbliJte,.. from the Senate 370. Two Senators shall be appomted Ministers without portfolio. Tranaaction of B ...i neu 371 Question. bhall be decided by a majority of Senators present. Pro- vided {hal neither the PrCl)uicnt. nor. in hl!i absence. the presidtng Senator. ~ball exercise any vote. IA-gUlaturc (Lower HouS(' of Bicameral System) DaignatioD of IAwcr House 372. The Lowi2' House shall be called tll House of Assembly St.: 01 JlmAe ot A mbly 373, 'J he }l ou of ASliCmbly shall conSIst of not more than 78 member : 29 jJ ,1m the olony. 19 irom Ashanll, 19 from the Northern Terntones. 8 lrom {II IlI'W 1 rHllwolw·$outhern logoland RegIOn, and not more than 3 (' .oflJciQ JIll milcrs. h< e1ecloo, In mUDIcIpaltties bj drrect electIon and re Identlal qua lfi"ahon for delegates ~;lon b, the Governor to ThiS CommISSIon should dd tlon II) the can· There hall be DO looted a member of 1h Hou e t r \Ot 10 the A mbly. bo under the CrOAAll 10 U 51 more have elapsed since the termination of the imprisonment or the grant of free pardon the person convicted shahl nolt be incapalble by reaOOll only of suoh conviction of being elected a mernlberof the Assembly or of sitting or voting in ~he Assemlbly ; or (5) is a lunatic so found under any law for the time being in force in the Gold Coast; Ol" (6) is disqualified for election under any law for the time being in force in the Gold Coast relating to offences connected with the election of members; or (7) is a party to any subsisting contract with the Government of the Gold Coast, in rela'tion to the public serv~ce and has not published within one month before the day of the election, in the Gazette or in some news- paper circulating in the area for which he is a cand~date, a notice setting out the nature of such contract and his interest therein. Vacation of Seats 379.-(1) The seat of an elemed member of the House of Assembly shall become vacant: (a) upon his death; or (b) if he shall, without the leave of the Speaker previously obtained. be absent from the meetings of the House for a continuous period of one month throughout which the House is in Session; or (c) if he shall cease to be a British subject; or shall take any oath, or make any declaration or acknowledgment, of allegiance, obedience or adherence to any foreign power or state; or shall do, concur in, or adopt any act done with the intention that he shall become a subject or citizen of any foreign Power or state; or (d) if he shall be adjudicated a bankrupt; or (e) if in any part of His Majesty's Dominions or in any territory under His Majesty's protection, he shall be sentenced to death or penal servitude or to imprisonment for a term exceeding twelve months; or shall be con- victed for any offence involving dishonesty; or (j) if, without the prior consent of the House he shall become a party to any contract with the Government of the Gold Coast for or on account of the public service; or {g) if he shall become disqualified for membership of the House under any law for the time being in force in the Gold Coast relating to offences connected with the election of members ; or (h) if he shall be found or declared insane under any law in force in the Gold Coast; or (i) if he shall by writing under his hand addressed to the Speaker resign his seat in the House; or {j) if he shall be appointed permanently to any office of emolument under the Crown in the Gold Coast; or (k) if he shall become a member of the Senate; or (f) if he shall cease to be qualified to be registered as a voter for th'e eleotion of members of the House of Assembly for some constituency. (2) If any member of the House of Assembly shall be appointed tem- porarily to any office . of emolument under the Crown in the Gold Coast, he shall not sit or vote in the House so long as he continues to hold or to am .in that office. (3) Whenever the seat of a member of the House becomes vacant, the vacancy shall forthwith be reported to the Governor in writing by the Speaker of the House. 58 PositioD of Local Authority employees with regard to Membership of the House' 380. Local Government employees, assuming that they possess the neces- sary qualifications, shall be eligible to stand for election to the House of Assembly, provided that fue prior approval of the Local Authonty has been obtained. • Life of the House of Assembly 381. The life of the House shall be four years. Election of the Leader of the House of Assembly 382. The Leader of the House of Assembly shall be the person elected as such by the Assembly and appointed by the Governor. Election of Speaker 383 .. A speaker shall be elected by the House at its first meeting, either from among its own members or from outside. The Speaker shall have neither an original nor a casting vote. A Deputy Speaker, or Chairman of Committees, shall also be elected from among the members; when acting for the Speaker this person shall retain his original vote but shall have no casting vote. Quorum of the House 384. A Quorum shall be not less than 25 members. Sessions \.- 385.-(i) The Sessions of the Senate and the House of Assembly shall be held at such times and places as the Governor shall f.rom time to time by proclamation appoint. There shall be a Session of each Chamber once at least in every year, so that a period of twelve months shall not intervene betJween the last sitting in one Session and the first sitting in the next Session of either Chamber. J (ii) The Governor may at any time, by Proclamation, prorogue the Chambers, or dissolve the House of Assembly. (iii) The Governor shall dissolve the Assembly at the expiration of four d years from the date of the return of the first writ at the last preceding general election, if it shall not have been sooner dissolved .. Dissolution of the House of Assembly 386. A general election of members of the House of Assembly shall be held within three months after every dissolution of the House of Assembly. QualificatioD for Voting in Elections 387.-(a) Qualifications: The minimum age limit for a voter shall be 25 years. In addition, the voter shall have registered as a voter, and shall either have paid or contributed to the payment of rates or have paid levy or annual tax. (b) Disqualifications: No person shall be registered as a voter, or being registered shall be entitled to vote for the election of a member of the Assembly who (i) has been convicted of treason, or has within the previous five years been convicted of felony or any offence involving dishonesty; or (ii) is a lunatic so found under any law for the time being in force in the Gold Coast. Legislation and the procedure for Legislation Power to make Laws 388. Laws shall be made by the Governor, with the advice and consent of the Senate and the House of Assembly. 59 Power to initiate Bills in the Legislature 389.-{~) Subject to the provisions of the Standing Orders of the Senate and of the Assembly, any Senator or Member may propose any question for Qebate in in the \Senate or nhe House ,of Assembly, as the case may be, and such question, if seconHed by any other Senator or Member, as the case may be, shall be debated and disposed of accdrding to the Standing Orders:- Provided that (a) BO Bill shall be introduced and no motion, resolution or vote shall be proposed, without the approval of the Executive Council if ,the Speaker shall have certified iB writing that it i.s a money measure ; (b) a Bill so certimed snaIl be first introduced in the House of Assembly; and ;"· (c) no Bill intended to implement the policy of Government shall be introduced without lile approval of the Executi.ve Council. ' (li) If the Executive Council so resolve, the GQvernor- ,(atmay send by message to the Speaker the draft of any Bill, motiem, resolution Oli vote whicll it appears to the Governor should be ' introduced or moVed in the House of Assembly ; and (b) may in the same or ,a later message require that the Bill, motion, resolutioN or vote shall be introduced or moved not later than a date :Specified in slich message; and if sucIi reqllirement is not complied with, the Bill, motion, resolution or vote shaH ·be deemed for ali purposes to have been introduced in the House on the date so specified. ~' (iN) For the purposes of this procedure, a Bill, motion, resolution or vote shall be regarded as a money measure if the Speaker of the House of Assembly, aijer consultation with the !Legal Secretary, is of opinion that it contaiBs oilly provisions dealing with all or any of the following SUbjects, namely, the imposition, repeal, remission, alteration or regulation of taxa- tion; the imposition for the payment of d€!bt or other financial purposes of charges on pll,blic money or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit or, accounts of public mOlney; the raising or guarantee of aBY loan or the repayment thereof; or subordinate matters incidental to those subjects or any of them. ' futlll~ subsectioB the expressions "taXlation", " publia money", and "loan ", respectively, do not include any taxation, money or loan raised by local authorities or bodi.es for public purposes. Power to Originate Bills in the Senate 390: There snall ibe power to originate Bills, other than Finance meaSUl"es, in the Senate. Conflict between the Senate and the Assembly 39L=-(i) If any Bill is passed by the House of Assembly in two successive Sessions and having been passed to the Senate at least one month before the end of the Session, is rejected by the Senate in each of those Sessions, that Bill sha.ll, on its rejection for the second time by the Senate, uilless the Mouse of Assembly otherwise resolve, be presented to the Governor for his assent and, if tIle Governor shall assent thereto, or if he shall reserve ,the Bill for His Majesty's pleasure and His Maj€sty shall assent tnereto, the Bill shal:l thereupon become law notwithstanding that the Senate have ndt con- sented to the Bill. Provided that this provision shall not have effect uilless one year has elapsed betw€en the date of the s€cond reading in the first of those Sessions of the Bill iN the House and the date on wb,ich it passes the House in the Seeond of those Sessions. 60 ( And provided also that the Senate shall have no power to reject or amend or delay beyond one month a money Bill. (li) If any Bill is passed by the Senate and rejected by the Assembly it shall be deemed lost. Decisioo of questions in the Legislature 392. Save as otherwise provided, all questions in the Senate or in the House of Assembly shall be determined by a majority of the votes of members present. Assent to Bills 393. When a Bill is presented to the Governor for His Majesty's Assent, he shall declare, according to his discretion, that he assents in His Majesty's name, or that he withholds assent, or that he reserves the Bill for the signification of His Majesty's pleasure. Disallowance of Bills by Secretary of State 394:--(i) Any law to which the Governor shall have given his assent may be disallowed by His Majesty through a Secretary of State. J • (ii) Whenever any law has been disallowed by His Majesty, the Governor shall cause notice of such disallowance to be published in the Gazette. (iii) Without prejudice to anything lawfully done thereunder, every law so disallowed shall cease to have effect as soon as notice of such disallowance shall be published as aforesaid, and thereafter any enactments repealed or amended by such law shall have effect as if such law had not been made. Remuneration of Senators and Members 395. The remuneration of Senators and the members of the House of Assembly shall be fixed by Ordinance. Oath of Allegiance 396. The present Oath of Allegiance as set out in Cap. 206 shall be retained for Senators and for Members of the Assembly. SEcnON ill-ALTERNAnVE 'PROVISIONS RELATING TO A UNICAMERAL SYSTEM Proportion of Chiefs in a Unicameral Legislature 397. One-third of the seats or as near as may be arithmetically possible shall be filled by members (who may be either chiefs or non-chiefs) to be elected in a manner to be determined by existing Territorial Councils in the case of the Northern Territories and Ashanti and by states in the case of the Colony and the Transvolta. Number of Ex-Officio Members 398. There shaH be not more than three ex-officio members. umber of Members representing special interests 399. Ther halI be two members one of whom shall represent the Chamber of Min s and the other the Chamber of Commerce. lection of J.\linisters without Pordolio 400. T\\o Mini ters without portfolio shall be appointed, from the House at large. by the arne procedure as has been recommended in respect of tb oth r Ministers. 61 PART VI-TIlE EXECUTIVE SECTION I-GENERAL CONSIDERATIONS 401. The most important change suggested in the existing Constitution is the abolition of the present Executive Council which places upon the Governor the responsibility of Government, and the establishment of an Executive Council as the chief instrument of policy with responsibility to the proposed House of Assembly. 402. The Executive Council will consist of:- (a) The Governor as Chairman. ' (b) The Leader of the House of Assembly (the elected Leader of the Executive). (c) Not less than five Ministers who will be appointed by the Governor fJeom the House of Assembly in consultation with the Leader. (d) Not more than three ex-officio members chosen from among the Chief Secretary, Financial Secretary, and Legal Secretary. It is assumed that the titles Chief Secretary and Legal Secreta,ry will be used in lieu of Colonial Seoretaryand Attorney-General. (e) Two Ministers without portfolio appointed from the Senate by the Governor in consultation with the Leader of the House of Assembly. 403. In the transition stage of the Constitution, at least until parties emerge in the House of Assembly sufficiently to ~mable the Governor to ask the member who commands the largest following to assume office as Leader, the Leader of the House, who will become the Elected Leader of the Executive Council, will be elected by a majority of the members of the House of Assembly present. 404. It is unusual to define the size of a Cabinet in a ConstitutionaI instrument as circumstances may necessitate an increase in numbers. 405. The recommeNdation is that there should be not less than five Ministers apart from the Leader of the House of Assembly. They would be appointed by the Governor in consultation with the Leader. 406, To solve as far as is practicable the recognised difficulty of associating in an Executive Council, ex-officio members derjviNg authority f'fom the Secretary of State with elected members deriving authority from the Legislature, it is proposed that members of the Assembly be appointed as Under-Secretaries for the. Chief Secret&ry, Legal Secretary, and Financial Secretary. 407. It is recommended that the position of these official members be reviewed as early as poss~ble, if advisable, before the Constitution itself is reviewed, because, in the event of a divergence of view, there is no easy way, where conciliation and compromise break down, of securing the unity of action desired. 408. Experience in Canada, and more recently in Malta, has shown that acute conflict was the inevitable result where irremovable executive councillors were set up with a popular assembly. Accordingly it is proposed that an ex-officio member may for good cause be removed from the Executive Coun- cil upon a memorial signed by not less than two-thirds of all the members -, of both the Senate and the House of Assembly. 409, The provision for the appointment of two Ministers without portfolio may enable members of the Second Chamber to take part as members of the Executive Council in the Government. 410, Following constitution'al pFactice in the United Kingdom, the mem- bers' of the Executive Council win be , .collectively responsible to the Assembly for the policy of the Counoil and the elected members will be liable to vacate office if the Leader suffers a vote ot no confidence. 62 SECTION II- RECOMMEND A TIONS 411.-(i) There shall be an Executive Council composed of Ministers with the Governor as its Chairman. The Executive Council shall be the princi- pal instrument of policy and shall be resporu;ible to the House of Assembly. (ij) The Executive Council shall consist of:- (a) The Governor, as Chairman. (b) The Leader of the House of Assembly (elected Leader of the Executive). (c) Not more than three official members chosen from among the Chief Secretary, Financial Secretary and the Legal Secretary. (d) Not less than five persons who are members of the House of Assembly to be styled Ministers. (e) Two persons from the Senate to be styled Ministers without portfolio. (iii) The Governor, in consultation with the Leader of the Assembly, shall appoint the other Ministers and shall allocate portfolios. These port- folios might be as follows: - Internal Affairs and Justice. Health. EducatIOn. A!!riculture. Fisheries, Animal Health and Forestry. Public Works, Communications and Transport. Commerce, Industry, Labour and Mines (iv) The Governor, III consultatIOn With the Leader of the Assembly, shall appoint two Ministers without portfolio from among the members of the cnate. (v) The portfolio of Defence and External Relations shall be held by the 'hirf S cretary Rc 'po&ibility of ).ccutive Council 4 J 2. The members of the E:'Jons and ad of the ounci!. T('nurt' of offiC"l' of E ecuthc Councillors 413. (i) Th s at of a member of the Executive Council shall become of the Senate or of the House ounl"il resign l.:ollectively on a vote of no of all the mem- Summoning of Council 415. The Governor shall summon the Council either on his own motion. or at the request of the Leader or at the request of two-thirds of the Council. Procedure in Council 416. The Governor shall be the Chairman of the Executive Council. but he may appoint a member to preside in his absence. and. in default of such appointment. the senior official member present shall preside. All ques- tions proposed for decision in the Council shall be determined by the majority of the votes of members present. The Governor shall not have an original vote but shall have a casting vote. In the absence of the Governor. the member presiding shall be entitled to exercise his original vote as a member and shall also have a casting vote. Ministerial Under-Secretaries 417. Ministerial Under-Secretaries shall be appointed from the AssemblY. for the Chief Secretary. Legal Secretary and the Financial Secretary. As soon as possible the position of the official members shall be reviewed. In addition. such other Under-Secretaries may be appointed as the Leader of the Assembly may advise. Permanent Under-Secretaries 418. The Governor shall appoint a .Permanent Under-Secretary for each of the Ministries. Remuneration of Ministers and Ministerial Under-Secretaries 419. Ministers. Ministers without portfolio and Ministerial Under-Secre- taries shall 'be full time and salaried. Their remuneration shall be fixed by Ordinance. 64 PART Vn-GOVERNOR'S RESERVE POWERS 420. In Chapter V, Section vi (2) (page 29) of the Watson Report the Watson Commission makes the following recommendation:- " The Governor should continue to exercise all the powers reserved by the Constitution including the power of Certification and Veto." 421. We find ourselves unable ,to accept this proposal in its entirety, and we therefore make the following ,recommendations : (i) Power of Certification ,We recommend that the Governor shall have the power of Certifica- tion, but that . (a) this power shall be exercised only 'on the advice and with the prior approval of the Executive Council; ot' (b) where ,the Executive Council refuses suohapproval, the Governor shall exercise the power only with the prior approval of !be Secretary of State, except where urgency makes it impracticalble for him t.o obtain such prior approval, in which case, he must immediately report the exercise of the power to the Secretary of Stalte. " (c) The appointment of public officers (referred to in SeCtion 38 (i) 'Of the Gold Coast Colony and Ashanti (Legislative Council) Order-in- Council of 19th February, 1946), should be excluded from matters over which the Governor may exercise this power. 422. In recommending the exercise by the Governor of ihis power in cases of " urgency" we are fully awaxe of all the familiar, but none the less cogent, criticisms against the concentration of such a formidable power in the hands of one person, especiaJJy under a Constitution in which the Executive Council is to be responsible to an Elected Assembly. iBut we are guided by the Secretary of State's observations contained in 'lihe first mb-paragraph of paragraph 8 of his despatch on the Jamaica Constitution ad warrant it provision should be made for the establishment of a Town Council. IV. TIIIl GOLD COAST ASSEMBLY (I) The Gold oaU As embly should be the Legislature. (2) The As embly hould consist of:- (a) forty-five elected members, 15 to be elected by each of the Regional Councils; (b) five members nominated by the Governor to represent trading and other country-wide organisations and (e) e -officio members of the Executive Council. 0) nle>s also a member of the Regional Council electing him, no one other than a nallve of the RegIOn .. hould be capable of election for thaI Region. (4) Th A . lay 23rd '" I Tamale R/ Acting Chief ColTWlis"ioner, ortbem Territories, lay 24th Tamale L/G cting hief Commis ioner, ortbem Territories. itant District Commissioner, Tamale, MJY 241h Tamal~ C/ & R/S avro Pio and Sandema a. May 25th IY endl L/ Yo a of Dagomba and hi Council· lors, and member of tbe public . i ·tant Di ' lri t Commissioner, Ycndi. lay 25th L/G Me ting with hiefs of Tamale, and nearby villages . I M~mber ' of Township Board and " I members of general publi . May 261h Kuma,j C/ & R/S etmg istant Chief Commissioner, shand. MJY 26th I 130lgiltanga Bo lga a and hi Coun iJlors and members of Bolga Town. hip Board. May 26th avrongo L/ Kena· anI-ani ative Autbority members. Iny 27th Kuma" / hanti onfedcracy Council (E;xecu, tive Committee). May 281h 1amp ng· 'hnnti." L/ Mampong Diviional Council. orne members r the pUblic, May 28th R /S ' hanti onfedera y 'oun iJ (Execu- tiv ommittec). June 2nd Ollst R/ J int Provincial ollncil ( tanding ommittec), J une 3rd ons t R/ cting bief ommission r for the o lony, June 5th ape oast / Joint Provincial ouneil (Standing ommittee). Acting Chief ommissioner for the olony, June 91h 110 ". R/ Rcprcsentat ives of vnrious States. Key : - L/ ub- ommittce on Local Government. R/S Sub- ommittllC on Rcgionnl tructllrtlS. /G Sub·Committee on cntr" vernn) nt 86 APPENDIX vn Analysis of Memoranda and Telegrams received (Excluding those from Official Sources) A. List of Persons Submitting Memoranda Individual or Organisation From Adansi Y.ou1h Improvement Association Ohuasi Adjaye, Kwame Kumasi Adjei Akrong .. . Accra Akro Society .. . . .. Accra Akyem Abuakwa State Council Kibi All-Bwe Conference, Keta Branch Keta Am-die Am-die Cluib Sekondi Anlo State Council Keta Anum, Kweku Accra Appiah, A.K. .. . Kumasi Appiah, Kofi ... . .. Lagos, Nigeria Asante Youth Association .. Kumasi Ashanti Confederacy Council Kumasi Awumee, Krwame Accra Chapman, W.S. Keta Community Centre Bawku Daaku, F.N. ... ... Mampong, Ashant1 Dangme Kpe (Adangbe Union) Accra Denkyira Youth Movement Dunkwa Evalue-Ajomoro-Gwira Confederacy Axim Ewe Youth Movement Keta Ex-..ped d !o be completed within any brief period of tllll~.. th I ue~ IDvolved are comple , and they will T quire searchlOg and dis- p . 'I,l t c mlD.Mlon and the mo t thorough and exhaustive study When in due , ul ( "U h \e r .::h d lour conclu ion and when your recommend.1.tions have ,'n pl.t tnd, b) the Chairman in m) hand,., you may be a sured that I. for my part, "Ill,,, h"c I per,on~1 It ntion to en uring that they are speedily forwarded for th u n,ld nill n "f Hi, f je I)' Go\crnm nt in the United Kingdom. whose views ~ 'h.lI It "all WIth l n e pectation. th t (.,w·. guid Dl nu} be with IOU U. GERALD CREASY, Governor. &9 APPENDIX IX AddreSs given by the Chainnan of the Committee for Constitutional Reform, Mr. Justice Coussey at the first Session on Thursday the 20th January, 1949 NANANOM AND GENTLEMEN. I ·desire at ,this. the first meeting of the Committee. to offer you a hearty and cordia:! welcome to the capit:al town of the Gold Coast, and I express ail the -outset a hope, in Which you wiH all share, that our deliberations may be conducive to the welfare of this country. As our .ti.rnt a>et, I 'ain sure you will join with me in offering our humble duty to His Majesty the King and an: asgurance that he has constant.Jy been in our thoughts during ·the recent indisposition, from which he ig n-ow happ~ly convalescing. Among the vaca·nt sea·ts at rh~ table to-day, is that of the Municipal member for Cape Coast, the Hon. Mr. Gemge !Moore whose i.JIness prevents his attendance. Y.ou w,ould, I know, wish to send him the good wishes of the Committee for bi& speedy recovery, and I will ask the Secretaries 10 do so. The Legislative Council a~reed at a meeting in Septemlber last that a representative Committee be set up to go into the queg,tions of constitutional reform, as cliscussed in the Report of the Watson Commission and in the Government White Paper set- ting ·out the views of His MajeS1y's Government 0'0. that report. As )'ou· are no doubt aware, the three Territorial Councils .of the country have each chosen four pers,on,s to serve on the Commi,ttee. The Municipal members of the LegiS'la1ive Council are natural indusions by virtue pf their interest and concern in the problems for consideration. The selection of the remaining members of the Committee was left by the Legislative Coun'cil to His Excellency the Governor, and the Governor has chosen, accordingly, twenty-three other genllemen from different parts of the country, whose special know- ledge or experience of some aspect 'of the subjects to be enquired into is general,ly recognised. You have all received, with the first Agenda ,paper, copies of the Report -of the Watson Commi,ssion and the statement of His 'Majesty's Government to which I have just referred. As there appears to be a misconception in some sections of the Press, and among some elemen'ts in the country, as to the scope and purpose of this Committee, I desire to read to you now our terms of reference, although you have no doubt familiarised yourselves with them They are: "To examine the proposals for constitutional and political refo.m in paragraph 1'22 of rhe • Report on the Commission of Enqui,ry in,to distu~bances in the GoM Coast 1948', and, due rega-rd being paw to the views expressed on them by His MajMty' s Government, to cons-ider the extent to which they can be accelYted, and the manner in which they shouLd be implemented." 11 is natural that I should survey briefly the stage of constitutional and political develo·pment to which we have attained today when we embark upon the study of a further advance. For this purpose I take the year 1850 as a s·tarting point, although the peoples -of the Gold Coast and Ashanti were in some degree politically organised before the ar.ival at Elmina of the first Portuguese settlers some 450 yeaTS ago. In 1850, when a Leg,islative Councjll was first establi~hed, upon the Gold Coast being erected as a separate oo],ony from Lagos, it consisted of two government officers and two gentlemen nominated by bhe Crown. AppaTently rhe main clifficulty in appointing African members lay in the fact that those other,wise suitable an-d with the necessary know.ledge of English, were in the service of Government and would have had to resign to accept memlbershii' of the Council. - In 1852, however, a ga·thering of Chiefs under the Governor oon&tituted it.gelf a Legislative Assembly of Native Chiefs and passed a Poll Tax Ordinance. This Assembly met only once. It seems that the first Ordinance to provide f.or the establishment of municipal councils was passed in 1858, but no to,wn oouncils were fo.rmed under it. In 1868, a nUmlber of Kings and Chiefs formed a Confederation in the belief that their people were about to lose British protection. In 1871 they assemlbled at Mankessim an-d, together wirh educated Africa,ns, -drew up a Constitution for mutual protection and the material improvernened by the Native ,Administration Treasuries Ordinance of 1939 to bring IOtO the serVIce of the Stools, not only clerks, but men of education and experience to manage the finances of the Stool and to promote the welfare of the village and district which the stabilisation of funds would permit. In 1944 the Native Authority (Colony) Ordinance and the Native Courts (Colony) Ordinance were passed. In Ashanti, a Native Jurisdiction Ordinance was passed in 1924. Native Authorities courts and treasuries were established in 1935. The present Constitution was erected in 1946. It is unnecessary to enter into the composition of the Legislative Council as it exists today because you are all familiar with it. It became the Legislature for Ashanti. The official majority for the first time disappeared and were replaced by an African elected majority. It is still not the legislature for the Northern Territories, although the Secretary of State announced that it was intended to bring ,' the remaining part of the Colony into the Council when it became possible to have .the Northern Territories represented by unofficials. We have traced the constitutional progress, first of the Gold Coast through the several stages of a small Council of officials and nominated members to elected African unofficial members, and then to the stage when the Colony, and - Ashanti with it, attains representative government. The ,British Commonwealth has been pictured as a .. procession" of communities passing through the Crown Colony stage to representative government and finally to responsible government. Indeed, in 1946, the Gold Coast made, in constitutional law, the most important 'advance that a Crown Colony can make before it reaches the frontiers of responsible government. The White paper states that His Majesty's Government is pledged to assist the people of the Gold Coast, by all means in their power, in their progress towards self- government, and that they are anxious that this progress should be as rapid as the interests of the peoples themselves, and the needs of good government permit. That pledge is also the concern of the world community, for it is stated in these terms in Article 73 of Chapter 11 of the Charter of the United Nations passed at San Francisco in 1945 : .. Declara tion regarding non-self-governing territories. Article 73. Members of the United Nat,ions which have or assume responsibilities for the administration of territories whose people have not yet attained a full measure of self-government recognise the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of ,the inhabitants of these territories, and to this eno: (a) to ensure with due respect for the culture of the peoples concerned, their political, economic, social and educational advancement, their just treatment, and their protection against abuses: (b) to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement." The destiny of the Gold Coast, therefore, is self-government and we are offered now by His Majesty's Government a substantial instalment. It should be unnecessary for me to state that this Committee does not meet to form a >Ministry composed entirely of Africans to assume, immediately, power and responsi- bility for the government of 'the country. That is not within the recommendations of the Watson Report, nor of the proposals of His Majesty's Government nor of our terms of reference. Although it is the cry of some, who have not considered fully its implications, that self-rule should be granted at once, it must be obvious to those who place foremost the true welfare of the masses, that a system must be created, flexible and progressive enough to permit the orderly evolution to responsible government within the shortest practicable -time. The objective is to be achieved by constitutional means, by fostering public spirit, promoting national unity, developing 'the intellectual and moral gifts, organising the economic resources of the country, educating the people in the grammar of democracy and studying urgently the complex machinery of government. Local self-government is the basis of any system of true democracy. Some people are acquiring the habit of -thinking of democracy a·t the top, but democracy at the top cannot be a success unless it is built on a foundation of local government. There will be a call for skilled specialists. It is in this sphere that their entry into local government, by election, will enable educa·ted men and women of the country to discharge energetically the ever increasing services required by a progressive community. Councils composed of individuals qualified for the performance of local duties are foci of the spirit of citizenship, the true nurseries of self-government. 92 As to finance, you will consider whether local authorities should continue to levy taxes and rates for local services, or whether a regional or territorial body should assume these responsibilities. It will be for you. Gentlemen, to consider whether regional or territorial Councils on an elective basis should be established and, if so, the outline of the requisite administrative requirements, some of which are suggested in the White Paper. You will also examine and recommend from the enquiries that will be made, whether town councils can be established in more towns. It may be possible for a sub-committee to visit places in ,the country when investigating this question. The difficult problem of the relationship in a town between the ,traditional authority and a local government body, the conflict between the territorial jurisdiction of a town council and the personal jurisdiction of the local chief/ falls to you for solution. The form and composition of the Gold Coast Legislattire, the method of election to it, ,the position of the chiefs and the appointment of a Speaker, are all ma,tters upon which you will be asked to make recommendations. The country falls naturally into three sections, all of ' ,which will be represented in the new Legislature. We have ,the Northern Territories with a larger popu4J.tion than Ashanti, whose people, at a different stage of development, are not of inferior intelli- gence and virtue to those in other parts of the country. We have Ashanti with its own interests and traditional institutions, now prospering greMly as an agricultural country, and we have the Colony proper whose maritime states have a long association with Europe and whose people take the .jniti~tive in political affairs. The advantages of the Gold Coast in relation to some 'parts of Africa are a relatively homogeneous people with an indigenous democratic sys1em, capable, with adaptation, of development on the model in which we have been nurtured. Happily we have no colour bar and no serious racial prejudice, tfeligious cleavage nor communal :problem. There is no whi,te-settler complication. It is in these conditions that an Assembly represen.tative of the people, is to be set up. It will be necessary to provide ,that the method of election is adapted to the people. A sub-committee may be appoin,ted to study the question in the light of the methods used in other countries whose conditions are comparable to ours. The Executive Council as envisaged is an advance to the quasi-cabinet of a semi-· responsihle system. In it there is hope of further constitutional advance if Europeans and Africans are able ,to work harmoniously and 'without the blight of racial prejudice in the development of the institutions of democratic government. The Governor would have the reserve powers that accompany constitutional advance. In order that members of the Cornrni.ttee may express themselves freely I have :decided that our deliberations should be private. Comprehensive minutes will be llIlade of our proceedings, which will be confidential, but copies will be available for every gentleman for reference. The question of the issue of official information to the Press and to the general public will be dealt wi.th presently when we consider our procedure. Meantime, gent1emen will please treat our proceedings as entirely confidential. To use ,the words of Burke in 1783, "We are on a conspicuous stage, and the world mllrks our demeanour." Our conclusig1,ls wi,)! be discussed in many lands. I ask you to approach the subject wit}! an anxious desire to promote the true welfare of the country. We must set aside aoll prejudices, all the preconceived oPi.Q.iO.Di that we may h~ve formed. We must not obstinately reject the views of others simply because they differ fr?m ,the outlook we cherish for it is only in that spirit thaI the work of the CommIttee can be successful and our recommend4tions receive support. 93 APPENDIX X FUNCTIONS OF LOCAL AUTHORITIES Class" A " Authorities The~e should be responsible for all major Local Government functions. They should command adequate staff to run their services and provide for subordinate Councils. (I) Welfare Services: (i) Sanitation and Heolth including small hospitals (if possible) clinics, health centres, major sanitary structures, control of buildings. (ti) Larger Water Supplies where these involve a substantial capital expenditure. It is envisaged, however, that in the provision of major water supply schemes, e.g. pipe borne water, the Central Government may contribute to the capital expendi- ture leaving District Councils to provide the rest of the capital and recurrent expenditure and management. (iii) Primary Education: District Councils should have executive power to plan and organise schools and take measures to prevent wastage caused by rivalry between Educational Units. Co-opera.tion with Educational Units, as at present, is essential as their financial resources develop to take over financial responsibility for the existing schools. (iv) Town and Country Planlling: Putting into effect schemes approved by the Central Town and Country .Planning Board. (v) Nurseries for distribution of seedlings for horticultural and other purposes. (vi) Public Lighting. (2) Protective Services: (i) Fire Brigade, where necessary. (ti) Control of Sale of Foods and Drugs. (3) Communal Services: (i) District Feeder Roads. (ti) Libraries. (iii) Recreation grounds and Nature Reserves. (iv) Livestock Farms. (4) Revenue Earnillg Services: (i) Transport SeTl'ices-thc risk involved in providing these services should be taken into consideration before undertaking them. but it may be neces~ar)' to run transport services in order to ensure a more even distribution of foodstuffs throughout a district. (ti) Ferries and River Ports (Landing Places). (iii) Licences alld Permits : It is $trongly recommended that as many of the licences and permits at present controlled by the Central Government as possible should be handed over to Local Authorities. (iv) Fuel Plantations. Class " B " Authorities (\) Welfare Services:- (i) Sanitation and Health including dispensaries and provi ion of sanitary structures. (ii) Provision of local water supplies where this does not involve major capital works. (2) Commullal Services: Social Centres. (3) Revellue EaTTling Services: (i) Markets. (ti) Lorry Parks. Class" C" Authorities (I) Welfare Services: Village Sanitation including incinerators, conservancy, slaughter slabs and bush clearance. Keeping Village water supplies in good order. (2) Communal Services: Footpaths, Playing Fields, Community Centres. '"' 94 APPE1''"DIX XI Possible Combinations of State Areas for Local Authorities on. Population figures are approximate only and are based on the 1948 Census pro- vl~ional fli\lrcli. Colony combinatio~ follow, with modifications, those suggested by the Jomt Provincial Council. umbers Oass of umlx..'T I _ Slate Area Combinatioru; on POPUlation authority Map l suggested C()UJNY: I Bibiani Sehwi-Anwhiaw ... I} 3 112,,390000 } I I Sewhl-Bekwai 2 7,500 Sewhl-Wiaw60 1 I :~:: "BOO II Wa ~w Confederacy (riase, AmenJi, MllOhaw) 12, 13, 14 122,50011 Aowin 4 10,400 .. A" 132,900 J III AIoIU1l:i Confederacy (/ess SeI..ondi- r korad, mum",pa!ily) 35,200 Ahanta 15 I ow I Dixcov 16 l lPr<"' Dixcove 17 Dut<.:h S< kondl 18 Unll,h S<;londl 19 I I lern 6 17,600 ~c tern 7Ima... . 5 41 ,300 "A" I \ 11I1'.A)onlolO·Gwira Confederacy 13,500 l,"11 7 AjOIl1(110 Il n ~ 1l1'I"CIAim 10 I ">oer A 1m 11 107,600 I 20 24,ilOO 21 11,000 22 3.200 23 9,100 24 10,300" A " or .. B .. o 12,400 70, "A" 27 5 Numbers Class of Number State Area CombinatioIll> on Popu\atior authority Map suggested VI ranti Confederacy .. , .. . 53,600 Abura ... ... .. . 31 Abeadzi .... .., .. . 32 Kwaman ." .. , .. , 33 Anamabu... .. . .. . 34 Nkusukum... .., .. . 35 Mankessim ... ... .. . 36 Ayan-na-Breman Confederacy ... 18,400 Ayanmaim ...... 37 "A" Ayan Denchira .. . .. . 38 Ayan Abasa ... .. . 39 Esiam ... ... .. . 40 Ekunfi ... ... ... . .. 43 21,300 Ajumako... ... ... ... 42 30,900 124,200 VII Agona ... ... 44 500 Gomoa Ajumaku 45 17,400 Gomoa Assin ... 46 5786,,4001 Effutu (Winoeba) 47 17,700 "A" Obutu, part of ... 54 11,800 181,800 VIII Akim-Kotoku .. . ... .. . Akim-Bosome ... ... .. . 4489 5103,,900000 1 Asikuma ......... 41 18,500 Akim-Abuakwa " Islands" (A-D) 50 4,000 "A" (estimated) 86,400 IX Akim-Abuakwa ... 50 228,900 "A" X Kwahu 51 79,200 "A"or"B" Akwapim ... 53 New Juaben 52 8330,,610000 } "An 113,700 XII Ga (less Accra Muniyipality and Obutu) 54 46,800 "B" f XIII Dangbe Confederacy 16,600 . Prampram ... 62 Ningo .. , 63 Shai .. , .. . 60 18,400 Ada ... .. . 64 52,400 "A" Kpone .. . .. . 61 2,000 89,400 XIV Manya Krobo 56 Yilo Krobo 57 Osudoku 59 fH~} "A" 101,000 96 Numbers Class of Number State Area Combinations on Population authority Map suggested XV Akwamu (possibly excluding Doffor Area) . .. ... . . . ... . .. Guang people in Peki State, part of .. . XVI Accra Municipality XVII Cape Coast and Elmina Municipality . .. . XVIII Sekondi-Takoradi Municipality TRANSVOLTA: XIX Anlo ... XX Peki (excluding Guan people) ... Tongu (possibly including Doffor people) XXI Akpini .. . ... ... ... . .. Awatime ... ... . .. ... . .. Asogli ... ... ... . .. . .. Independent Divisions-Southern group, part of ... . .. .. . . .. . .. XXII Buem ... ... ... ... . .. Independent Divisions - Northern group, part of ... .. . ... . .. Krachi ASHANTI: XXIII Mampong ... .. . .. . ... .. . Nsuta ... ... . .. ... . .. Kumawu ... ... . .. Kumasl Division Areas in Mampong District, part of ... ... .. . Asokore, part of ... . .. .. . Atebubu ... . .. .. . . .. Abease, part of ... . .. .. . Volta River Federation ... .. . .. . Other Areas, parts of ... .. . .. . XXIV Bekwai ... .. . .. . .. . . .. Adansi .. . ... ... ... . .. Denyase, part of.. . . .. . .. .. .. Essumeja ... ... . .. . .. Kokofu ... ... ... . .. . .. Kumasi Division Areas in Bekwai Dis- trict, part of . . . . . . . . . . .. 97 Numbers Class of Number State Area Combinations on Population authority Map suggested XXV Kumasi D ivision within Kumasi District & (less Kumasi Municipality) . .. ... 74 220,100 XXVI Ejisu ... ... ... .. . .. . 79 14,800 Agona ... ... .. . ... .. . 78 8,900 To be split up Offinsu ... ... ... .. . ... 84 23,000 into two Juaben ... .. . .. . .. , ... 77 29,000 Class" A" --- Authorities . 295,800 --- XXVII Kumasi Municipality including suburbs - 77,700 "A" XXVIII Wenchi ... ... ... .. . .. . 86 11,000 Techiman ... ... .. , .. . 85 11,100 Nkoranza .. , .. . ... ... 87 20,900 Banda ... ... ... .. . ... 89 6,600 Mo ... .. , ... ... ... 88 4,700 Suma ... ... ... ... .. . 74 16,800 U A" Kumasi Division in Wenchi District and others, part of ... ... .. . 74 22,800 (estimated) --- 93,900 XXIX Berekum ... ... ... .. . ... 91 24,700 Dormaa ... ... ... .. . 90 28,600 Drobo (Jaman) ... . .. .. . .. . 92 8,900 Nkwanta, part of ... ... ... 74 8,400 Kumasi Division in Sunyani District, "A" part of ... ... ... ... ... 74 7,500 (estimated) --- 88,100 NORTHERN TERRITORIES: XXX Dagomba ... ... .. . ... 102 Nanumba ... ... .. . .. 223,600 "A" , 101 } XXXI Gonja .. . ... ... ... .. . 98 Mo ... ... ... ... ... 99 741,, 8IO0 0O } Prang . " ... ... ... ... 97 4,300 Yeji ... .. , ... .. . .. , 96 4,200 "Au 84,400 XXXII Mamprussi ... .. . , .. .. . 103 388,800 UA't XXXIII Builsa ... .. . . .. .. . ... 105 Kassena-Nankanni ... ... 104 9S1I,,210000 } UA" 142,300 • XXXIV Wa ... ... ... ... . .. 107 85,5oo Lawra Confederacy ... ... .. . 108 89,200 Tumu ... ... ... .. . ... 106 30,300 f uA" 205,000 J I 98 APPENDIX xm Population Figures by Districts (CENSUS 1948) Administrative areas and d.istricts Total population (African and Non-African) The Gold Coast 4,118,450 *The Colony 2,222,810 Accra 224,771 Ahanta-Nzirna 179,812 Akwapim-New Juaben 113 ,850 Birim 370,761 Cape Coast 495,369 *Ho 172,575 Keta/Ada . .. 304,268 Sefwi 65,208 Volta River 164,782 Wassaw-Aowin 131 ,414 Ashanti 818,944 Bekwai 157,894 Kumas .. . 376,283 Mampong .. . 102,758 Wenchi jSunyani ... 182,009 ·Northern Territories ... 1,076,696 "Dagomba ... 224,506 "Gonja 84,415 ·Krachi 31 ,603 *Marnprusi ... 531,130 Wa 205,042 Togoland (part under United Kingdom Trusteeship) 382,768 Ho .. . 172,575 Dagomba (part) 100,455 Gonja (part) 6,975 Krachi ... 31 ,603 Mamprusi (part) 71 ,160 * Including part of Togoland. 99 APPENDIX XIV Colonialism: A Realistic Approach .by Felix S. Cohen (EXlRAcr FROM AN ARTICLE CIRCULATED AT THE REQUEST OF A ,MEMBER OF THE COMMITfEE)· • • • • • III. The Realistic Approach to the Problem 0/ Colonialism To apply to the problems of Colonial affairs, and to in'tercultural relations generally, the assumptions made by the authors of the federal Constitution, we must approach ou'r problem with the assumption that oonsciously or unconsciously those who rule a " dependent" people will generally pay more attention to their own interests and advantages than t{) those of the people they rule and that they will place a larger estimate on the value of their contributions to the civ.j[jsation of 1>heir "wards" than will the "wards" and at the same time wi[.[ probably place a lesser valuation upon the material and spiritual returns which they receive than would be put upon these same commodities by the giver. Let us assume further that those who administer the affai'rs of people whom they regard as "4nferior" will become enamoured of the power they wield ~if, indeed, they were n{)t so enamoured when they assumed office and responsibility) and will be loath to rert) , t~~ struggl ha raged bet",een p~i\"ate exploiters of the Indian and govern- ment agen lOne m ) say that .the de ue of government throughout this struggle \\ s t m I..e th exploit tion. of the India.n a government monopoly, and there would mu h tellth m that ~alysls. But the fact. remains that the attitude of governments . . been g nerally d0!lumled by conslder!llJons. of long-range expediency, if not of Jll lJhip does not detr;l!ct from the evils of the present AmeriO