ghananlpcommunity/ghana-gov-speeches-sentences huggingface dataset:
(2) When a civil suit or proceeding is pending, any court with jurisdiction in that suit may promote reconciliation among the parties, and encourage and facilitate the amicable settlement of the suit or proceeding.”
“ Section 73—provides thus Any court, with criminal jurisdiction may promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to felony and not aggravated in degree, on payment cases of compensation or on other terms approved by the court before which the case is tried, and may during the pendency of the negotiations for a settlement stay the proceeding for a reasonable time and in the event of a settlement being effected shall dismiss the case and discharge the accused person.”
The High Court (Civil Procedure) (Amendment) Rules 2020, C.I.
133, which amended Order 32 of the High Court (Civil Procedure) rules 2004, C.I.
47, also enjoins Judges of the High Court and Circuit court to facilitate settlement of disputes using ADR, where appropriate.
At the application for directions stage, where a dispute is one which by law can be settled, a trial Judge must enquire from the parties if they are willing to attempt settlement of the case by ADR or other means.
Order 32 rule 5 (1) of C.I.
47 as amended by C.I.
133 reads: “Where an application for directions is heard by the Court at first instance, the Court shall, except where the dispute is by law not amenable to settlement, enquire from the parties if the parties are willing to attempt settlement of the case by alternative dispute resolution or other means”.
The rules also place emphasis on settlement of Commercial Claims.
Thus, Order 58 rules 4 (1) and 4 (2) of C.I.
133 provides that: Rule 4(1) “ The Court shall have a duty to encourage the amicable resolution of commercial claims and early settlement of pending commercial litigation by voluntary action of the parties in accordance with the provisions of this Order.”
Rule 4(2 ) “parties to a commercial action shall have a corresponding obligation to assist the Court to achieve the early and amicable settlement of cases” There is a similar provision in the District Court Rules, C.I.
Order 25 rule 1(3) of the District Court Rules (C.I.
59) as amended by District Court (Amendment) Rules, 2020 (C.I 134).
“(3) Where a case is called for hearing and all the parties attend, the Court shall, except where the dispute is by law not amenable to settlement, first enquire from the parties if the parties are willing to attempt settlement of the case by alternative dispute resolution or other means” Other Enactments which provide for ADR are: The Alternative Dispute Resolution Act, 2010 (Act 798) Matrimonial Causes Act, 1971 (Act 371).
The CCADR system places emphasis on Interest based approach to conflict resolution and not rights -based approach (Non-adversarial).
The parties own the process, and taking into account their collective interests, they are able to design a custom-made solution to their dispute.
Emphasis is placed on what the parties think is the best solution to their dispute.
Over the last one and half decades the ADR programme has, to a large extent performed impressively by helping the Judiciary to reduce the load on the Courts by 32,745 cases.
This is a positive support ADR has offered the Judiciary without which this load would have been borne by the Courts under more stressful condition.
The good news is that this number of cases resolved at ADR are resolved absolutely without parties coming back into the court for appeals.
The importance of ADR as I have demonstrated to you this morning gives management of the Judicial Service every compelling ground to focus attention on ADR and resource the ADR Directorate to do more to make our Courts efficient, user friendly and to make access to justice real.
To the general public, ADR has become a core component of Ghana’s adjudication system.
What this means is that, a case in Court in Ghana today can be finally determined either through ADR or litigation.
Therefore when a judge refers a case to ADR parties in the matter should not feel slighted.
As such I recommend ADR to everyone in appropriate cases.
I do so because the benefits in using ADR far outweigh that of litigation.
I urge our Registrars and the general staff to handle ADR processes with the seriousness as they do with the regular court processes ADR empowers disputants to resolve their cases in an interest-based manner without concerning themselves with the strict dictates of the law.
This is the reason why parties who opt for ADR attain maximum satisfaction at the end of the day.
Judges and Magistrates must therefore give ADR attention in their quest to do justice as ADR Constitutes a major pillar of justice.
As I conclude with gratitude to all of you, for your time, I hereby declare the nationwide ADR Week programme duly launched.
BRIEF REMARKS FOR THE HONOURABLE LADY CHIEF JUSTICE GERTRUDE ESSABA SACKEY TORKORNOO (MRS.)
AT THE 12 TH AGI INDUSTRY AWARDS 12 TH DECEMBER, 2023 Theme : Promoting local production in an ever changing business climate.
Topic : The importance of legislation in protecting business and investments in our industrialization drive .
________________________________________________________________ Honourable Minister of Trade and Industry, Mr.
K. T. Hammond Dr.
Humphrey Ayim-Darke AGI President, Captains of Industry gathered here today, Members of the Diplomatic Corps, AGI National Council members, Invited Guests, Ladies and Gentlemen I bring you greetings from the Judiciary of Ghana.
I feel greatly honoured to be invited as a Guest of Honour tonight.
My task this evening is to give brief remarks on how important legislation is in protecting businesses and investments in our drive towards industrialisation.
Trying to craft a concise speech on such a broad subject is always a difficult task.
I shall however take a cue from an attribution to Franklin Roosevelt on advising his son James.
Be sincere, be brief, be seated.
So I’ll be sincere and endeavour to be brief.
Legislation plays an essential role in safeguarding businesses and nurturing investment to make Ghana an attractive investment destination.
In a democracy such as ours, it is statute that guides conduct.
A few of the statutes that regulate investments and businesses that I’d like to refer to this evening are the Ghana Investment Promotion Centre Act, 2013 Act 865, the Companies Act 2019 (Act 992), the Banks and Specialised Deposit Taking Institutions Act 2016 (Act 930), the Lands Act 2020 (Act 1036), the Corporate Insolvency and Restructuring Act 2020 (Act 1015), the Securities Industry Act 2016 (Act 929).
The Ghana Investment Promotion Centre Act, Act 865 is a key piece of legislation introduced to create a favourable environment for investments in the country.
Section 3 of the Act makes the objective clear that GIPC is to create an enhanced, transparent and responsive environment for investment and the development of the Ghanaian economy; and to encourage, promote and facilitate investment in the country.
And indeed, the Act serves the purpose well in directing the structures for foreign investment in our local economy.
The Companies Act, 2019 Act 992 is also another piece of legislation which has given new breath to corporate governance after the long reign of the Companies Act of 1962, Act 179.
The main ethos underlying Act 992 is the easing of the environment for corporate governance especially in the arena of appropriate standards of conduct by directors, shareholders and officers of a company.
The fairly recent passage of the new Lands Act, 2020 Act 1036 is a third key legislation that I’d like to draw attention to.
It aims at addressing the grave challenges posed by our land tenure systems and land administration to industrialisation and business stability.
The Land Act is an interesting development for a number of reasons.
First, the many previous legislations on land have now been consolidated into one law.
Alternative Dispute Resolution has also been introduced as a dispute management mechanism within the law as an incentive for decongesting the courts and resolving land disputes expeditiously and with finality.
Most novel in this Act is the provision on electronic conveyancing introduced with the aim of expediting the process of conveyancing.
All these reforms in the law are expected to make the recording and registration of land transactions much more efficient and provide a transparency of processes for resolving land related disputes, thereby enhancing investor confidence in the country.
What cannot however be forgotten is that land ownership is driven by customary land, and with multiplicities of ethnicities and customary practices in Ghana, there is an urgent need for the whole society to tackle the bottle necks introduced into land administration by lack of records in our customary lines of royalty, family, clan and stool leadership, and land borders.
It cannot be over emphasised that Ghana’s industrialisation drive will only thrive in an environment of integrity, accountability and ethical conduct.
I therefore use this opportunity to further seek partnership from the business communities on interventions to address the inordinate weight of land litigation on the ease of doing business in Ghana.
As Ghana drives herself towards an era of economic resuscitation, growth and development, the significance of a strong legal regime must be acknowledged.
Any legal regime for regulating conduct and ecosystems is strengthened by clear principles that make the work of the persons involved in dispute resolution simpler.
According to the World Bank 2020 report on the ease of doing business in Ghana, some of the challenges of doing business in Ghana include long periods of settling trade and commercial disputes laws.
Efforts to ease these seemingly intractable challenges have been going on for a long time.
In 2007, the Commercial Courts were set up to exclusively adjudicate actions of a commercial nature at the high court level.
Unique to the structure of the Commercial Courts was the introduction of the pre-trial settlement conference to assist with speedy settlement of commercial disputes, and to bring finality through the “no appeal” character of ADR.
Accessibility to ADR for all commercial disputes has been further expanded from Commercial Courts to all Commercial Disputes regulated by CI 47 through the enactment of CI 133.
Further, the passage of CI 87 amended the High Court Civil Procedure Rules, 2004 CI 47 to introduce the witness statement regime truncate long periods of evidence taking.
CI 87 also made room for hearings to be conducted electronically via video link.
These modes of trial greatly enhanced the efficiency of dispute resolution.
Hearings conducted electronically means that a party who finds themselves outside the jurisdiction can now participate in a trial virtually.
This kind of accessibility makes it easier for parties to save costs and time, as parties do not need to travel all the way to Ghana for the sole purpose of participating in a trial.
Currently, the structures set up under CI 87 and CI 133 for hearings are being used at the second and third tiers of trial courts, namely circuit and high courts, which are regulated by the High Court Civil Procedure Rules CI 47.
Unfortunately, the Judiciary does not have enough facilities to make the option of virtual hearings available in all the 430 courts around the country.
I humbly throw the invitation to the entire business sector of the nation to partner with the courts in our digitalization drive.
Businesses and Chambers of commerce and industry can adopt regions, districts and different levels of court for the provision of line items such as e-auction platforms, e-signature for easily delivery of court proceedings and orders and virtual hearing facilities.
These are national needs that will enhance the national business environment and collaboration for their provision should therefore be natural to all of us.
Concluding, it is easy to reiterate that legislation serves as the foundation on which a flourishing business environment is built.
Rules provide the necessary structure and guidelines that ensure fair competition, protect intellectual property and promote an atmosphere that encourages new thinking and new ways of doing things.
In our present economic circumstances, legal safeguards assume greater importance than before.
Investors, both international and local are mindful of protecting their investments and they seek an environment of certainty for this purpose.
In jurisdictions where legislation is comprehensive and honoured, statute law facilitates the smooth operation of businesses by clarifying rights and responsibilities.
Through this investors can remain confident concerning the safety of their investments.
The Business Community could play a crucial role in strengthening the role of legislation by honouring the edicts of legislation in corporate governance and business practices and this is another strong appeal that I make to you.
I thank you all for your attention and may God bless our Homeland Ghana.
KEYNOTE ADDRESS BY HL JUSTICE JENNIFER DADZIE ON BEHALF OF THE HON.
LADY CHIEF JUSTICE AT THE 2023 DATA PROTECTION AFRICA SUMMIT ON DECEMBER, 13, 2023 AT LABADI BEACH HOTEL, ACCRA The Executive Council of Africa Digital Rights Hub, The Advisory Council of the Data Protection Africa Summit, Data Protection Regulators of Cote D’Ivoire, Ghana, Uganda, Mauritius, and South Africa, Heads of Public and Private Institutions here present, Invited Guests, Distinguished Speakers, Participants of this august forum, ladies and Gentlemen.
I bring you greetings and good wishes from the Honourable Chief Justice of the Republic of Ghana, H/L Justice Gertrude Sackey Torkornoo, who is unable to participate in person due to prior commitments and has tasked me to represent her at this Summit and on whose behalf I am delivering this keynote address.
It is my distinct honour to address you today at this prestigious Data Protection Africa Summit as we gather under the theme "Building bridges for oversight and accountability" to delve into the realm of data protection oversight and accountability in African countries.
In our ever-evolving digital landscape, where there is free flow of information and boundaries are blurred, the robust protection of personal data has become a paramount concern.
African countries, including Ghana, face unique challenges in safeguarding the privacy and security of our citizens' data.
Today, we stand united in our commitment to address these challenges and forge a path towards enhanced oversight and accountability.
We must address these challenges head-on and build bridges that foster oversight and accountability.
The challenges we face in data protection are multifaceted.
Limited resources, inadequate legislation, and a lack of awareness, pose significant obstacles to establishing effective oversight mechanisms.
As we gather here today, we must recognize the urgency of these issues and the need for collaborative efforts to overcome them, and commit ourselves to finding innovative solutions.
Building bridges for oversight and accountability requires a collective endeavour and cooperation among all stakeholders.
It necessitates the collaboration of governments, regulatory bodies, civil society organizations, and the private sector.
Together, we can create a comprehensive framework that upholds data protection principles and ensures accountability for all stakeholders.
By working hand in hand, we can bridge the gaps and establish a robust system of oversight and accountability.
Building a bridge for oversight and accountability is therefore a complex process.
It entails the recognition and acknowledgment of the myriad challenges to data protection oversight and accountability across Africa; the need to think outside the traditional notions of regulatory enforcement and compliance; the ever blurring of boundaries and transcending nature of personal data; as well as the recognition of the various stakeholders and the roles they must play if we can continue to guarantee the fundamental right to privacy of citizens.
To help you appreciate this, permit me to use our country Ghana as an example; for oversight and accountability of the Data Protection Act to be achieved, all stakeholders must be up and doing.
These include, but cannot be limited to the citizens or individuals whose understanding of the law and vigilance will prompt entities such as the regulator, private and public sector institutions, civil society and the judiciary, to action.
But then, how do we ensure the protection of citizen’s personal data beyond our boundaries with the current digital technologies, global communication networks, and international business practices?
Oversight and accountability beyond borders and jurisdictions, also call for bridges for collaboration at the regional, continental, and international levels.
Whether regulatory co-operation, Binding Corporate Rules (BCRs), Standard Contractual Clauses (SCCs), Privacy Shield, Adequacy Decisions, Consent, Tokenization, Data Protection Impact Assessments, just to mention a few; it is pertinent to explore mechanisms that ensure, where necessary, the safe and free movement of data beyond our boundaries for our sustainable socio-economic development.
While we acknowledge the challenges, we must also celebrate the progress made in data protection oversight and accountability in African countries.
Ghana, for instance, has taken significant strides in this regard.
Our nation has enacted comprehensive legislation, established an independent data protection authority, and fostered a culture of transparency and accountability.
These success stories serve as beacons of hope and inspiration for others.
Technology and innovation play a pivotal role in strengthening data protection measures.
As we embrace the digital revolution, we must invest in cutting-edge technologies that enhance data security.
From encryption to artificial intelligence, these tools can bolster our efforts to ensure the security and integrity of data.
However, our journey towards effective data protection oversight and accountability cannot be undertaken in isolation.
African countries must come together, transcend borders, and share best practices.
By fostering collaboration and cooperation, we can collectively address our challenges and build a stronger foundation for data protection in our continent.
In conclusion, I call upon all stakeholders here today to seize this opportunity to build bridges for oversight and accountability in data protection.
Let us harness the power of collaboration, innovation, and cooperation to create a future where the privacy and security of personal data are protected.
Together, we can pave the way for a brighter, more accountable digital era in African countries.
I’d like to commend Ms.
Teki Akuetteh and the Conveners for coordinating this extraordinary summit.
I wish you a productive and successful deliberations at this summit.
On this note, and on behalf of Chief Justice Gertrude Sackey Torkornoo, I declare the summit open.
STATEMENT BY THE HONOURABLE LADY CHIEF JUSTICE GERTRUDE SACKEY TORKORNOO TO THE LATE LAWYER ANTHONY AKOTO AMPAW ON 13 TH DECEMBER 2023 AT NATIONAL THEATRE, ACCRA Great men hallow a whole people, and lift up all who live in their time.
Every now and then there comes a seemingly unknown person, who is the reason why many good things happen, because that person has a heart-filled with good.
Sheey Sheey can be best described as the heart of the community.
He brought feeling, conscience, and life into a group and yet was not seen much.
The evidence of his influence is seen in all of us gathered here this evening.
Most of us who had the benefit of the good will of his life appreciated his contribution.
I am glad that I had the personal benefit of knowing Sheey Sheey for many years.
In law practice, in social circles and through the Law Reform Commission where we served as commissioners.
As a lawyer in the courtroom, his processes were well researched, well-articulated and relevant.
Even in the shortest application, when Mr.
Akoto Ampaw spoke, there was good reason to, and what he said added to the proceedings.
His work had absolute integrity and his citations could be relied on.
I believe that I speak for all of us when I say Sheey Sheey impacted social thinking, social conscience and social dynamism by his sheer intellectual exertions and contributions quietly made, but effectively done.
We share the sorrow of his family because we have all been affected and we know we will continue to be affected because he had so much to give.
As we soldier on without him, I have not doubt that in every national conversation that follows, it will be acknowledged that had Sheey Sheey been around, he would have brought fresh ideas to bear on the subject.
May God keep the honourable Akoto Ampaw; best known as Sheey Sheey May his gentle soul rest in peace.
ADDRESS BY THE HONOURABLE LADY CHIEF JUSTICE OF THE REPUBLIC OF GHANA, JUSTICE GERTRUDE SACKEY TORKORNOO, ON THE OCCASION OF THE INAUGURATION OF THE DISTRICT COURT, KOTOBABI, ON THURSDAY, DECEMBER 14, 2023 My Lords, Judges and Magistrates, Municipal Chief Executive, Ayawaso Municipal Assembly– Hon.
Achibold Mac Amuasi Cobbina Rep.
of Chiefs, Distinguished Invited Guests, The Media, Ladies and Gentlemen, Good afternoon, It gives me great pleasure to be here with you, in Kotobabi, in the Ayawaso Central Municipality in the Greater Accra Region, to inaugurate a new District Court for its residents and surrounding suburbs.
A purpose built court is a necessary addition to the infrastructure for peace and stability of any community.
One of the United Nations Sustainable Development Goals that all nations are tasked to pursue, is to provide access to justice for all citizens.
This means that we commit to the pursuit of justice and equal rights for all and the provision of the physical resources with which to establish this right.
Indeed, all the reforms that the Judicial Service of Ghana has embarked on the last twenty years, including the computerization and automation of the courts, are only effectively implemented in adequate physical infrastructure.
The challenge for appropriate infrastructure is especially acute at the district level, and we know that lack of access to justice can lead directly to loss of confidence in the tools of justice.
Because of this, we must address any challenges to access to justice if we are to provide the necessary guarantees of peace, security and investor confidence that the country needs.
This is the only path to growth of the economy.
Law makes three promises – Order, Justice and Peace, and these three bring prosperity.
It is for this reason that we are most pleased that the Ayawaso Central Municipal Assembly has taken on this challenge frontally in constructing this District Court to address the justice needs of Kotobabi and its neighboring suburbs.
The directions and content of law is so important and so vital to our nation that all citizens must take a keen interest in all matters to do with administration of justice.
If we are to thrive and prosper as a nation, then the law needs to be known, understood, to be applied to all and to be policed by all.
That all of you are here today is evidence that in Kotobabi, community leaders are ready to do what needs to be done for the growth of access to justice in the community.
This is what has happened today, in Kotobabi.
This building and all that is in it, has only been possible through the immense commitment and sacrifices of the Ayawaso Central Municipal Assembly.
Now that the administration of justice has been brought close, I wish to urge all citizens to take advantage of its presence to right wrong and correct offences.
With the inauguration of this District Court and the facilities available in it, it is my expectation that cases will be disposed of with a greater sense of urgency through both human effort and technology.
The Judicial Service will also ensure that this building and the facilities in it are regularly maintained so we can continue to deliver optimum service and justify the significant investment that has been made by the Ayawaso Central Municipal Assembly.