Ghana Constitutional Review Committee: Referendum on Entrenched Clauses for District Assembly Elections

• President John Dramani Mahama announced plans to hold a national referendum on proposed constitutional amendments alongside the 2027 District Assembly elections.
• The government will determine which changes require parliamentary approval and which must be subjected to a referendum.
• A Constitutional Review Implementation Committee will synthesize the government's position paper and the reports of the Constitutional Review Commission.

The government intends to attach the referendum to the District Assembly elections scheduled for next year to facilitate this process.

A Constitutional Review Implementation Committee will soon be inaugurated by President John Dramani Mahama to consider the government's position paper alongside the reports of the Constitutional Review Commission. The committee's task is to synthesize these two documents and categorize proposed amendments into entrenched and non-entrenched provisions. This distinction is crucial because it determines whether a proposed amendment requires parliamentary approval or a national referendum. For non-entrenched clauses, only parliamentary approval is needed, whereas amendments affecting entrenched provisions necessitate the additional constitutional process of a referendum. The President's announcement comes as part of his Resetting Ghana Tour, which aims to engage with citizens and address their concerns.

The government is preparing to determine which proposed constitutional changes require parliamentary approval and which must be subjected to a referendum. According to President Mahama, amendments affecting entrenched provisions would necessitate a national referendum, where at least 40 percent of registered voters must participate, and 75 percent of those who vote must agree to the change. This process is designed to ensure that significant alterations to the constitution are carefully considered by the public. The government intends to attach the referendum to the District Assembly elections scheduled for next year to facilitate this process.

The 2027 District Assembly elections will not only provide an opportunity for citizens to elect their representatives but also serve as a platform for them to decide on proposed changes to the entrenched provisions of the 1992 Constitution. President Mahama's announcement has sparked interest in the constitutional review process, with many wondering what implications these amendments may have on Ghana's governance structure. The government's decision to hold a national referendum alongside the District Assembly elections is seen as an effort to engage citizens directly in the constitutional review process and ensure that their voices are heard.

Lawyers and compliance officers should watch for the potential impact on Ghana's constitutional framework, particularly with regards to entrenched provisions, and be prepared to advise clients on the implications of any changes.

Source: Original reporting via Myjoyonline.com