Legal Framework

1992 Constitution and Local Governance Act 2016 (Act 936)

Article 240 (1), Chapter 20 of the 1992 Constitution of the Republic of Ghana states that,“Ghana shall have a system of Local Government and Administration which shall, as far as practicably be decentralized”. This provision gave legal support to the decentralization programme, which was initiated in Ghana in 1988 by recognizing the existence of a decentralized programme in Ghana. The constitution is designed to provide a general legal framework for the governance of Ghana; it further enjoins the Parliament of Ghana to enact the necessary laws to ensure the smooth implementation of the decentralized programme. 

To this effect Article 240 (2) provides some guidelines to Parliament on what the specific Local Government law should contain. This is the justification for our Local Governance Act, 2016 (Act 936), which was promulgated to establish and regulate the Local Government systems in accordance with the Constitution and to provide for other connected purposes. 

The Local Governance Act 2016 (Act 936) has provisions for the following: 

  • Creation of Districts
  • Establishment of District Assemblies
  • Composition of the District Assemblies
  • Qualification and disqualification of members of the District Assemblies
  • Functions of the District Assemblies
  • Planning and other Functions of the District Assemblies etc…

The Constitution in Article 241 makes provision for the establishment of the District Assemblies and the boundaries of the Districts. It goes on to recognize the District Assemblies as the Lowest National Administrative Organs. Structurally, the Kassena Nankana Municipal Assembly is made up of the General Assembly at the apex, followed by six (6) Zonal Councils which are subordinate bodies of the Assembly performing functions assigned to them by the instrument that sets up the Assembly or delegated to them by the Assembly. 

Legislative Instrument (L.I) Establishing the Assembly

Kassena Nankana Municipal Assembly was established in 1988 by Legislative Instrument (L.I) 1855. It was upgraded to a Municipality status in 2012 by Legislative Instrument (L.I) 2106.