Chieftaincy Act, 2008 (Act No. 759)

1. National House of Chiefs

2. Election of members of National House of Chiefs

3. Functions of National House of Chiefs

4. Standing Orders of National neuse of cniers

5. Meetings of National House of Chiefs RegionalHouses of Chief;

6. Regional Houses of Chiefs

7. President and Vice-President of Regional Houses of Chiefs

8. Election of President and Vice-President of Regional Houses of Chiefs

9. Functions and committees of Regional Houses of Chiefs

10. Regional Houses of Chiefs to make Standing Orders II. Meetings of Regional Houses of Chiefs Traditional and Divisional Councils

12. Traditional Councils

13. President of Traditional Couocils

14. Membership of Traditional Councils

15. Meetings of Traditional Councils

16. Division

17. Divisional Councils

18. Membership of Divisional Councils

19. Presidency of Divisional Couocils

20. Meetings of Divisional Councils

21. Functions of Divisional Councils Chieftaincy matters, jurisdiction and Judicial Committees

22. Original jurisdiction of the National House of Chiefs

23. Appellate jurisdiction of the National House of Chiefs

24. Appeals to the Supreme Court

25. Judicial Committee of the National House of Chiefs

26. Original jurisdiction of a Regional House of Chiefs

27. Appellate jurisdiction of a Reginnal House of Chiefs

28. Judicial Committee of a Regional House of Chiefs

29. Jurisdiction of Traditional Councils

30. Customary arbitration Act 759 Chieftaincy Act, 2008 Pf'Nl!l!dinss in. chie/tainCJI matters

31. Evidence before Judicial Committee

32. Security for cost in proceedings before Judicial Committee

33. General provisions relating to judicial proceedings before Houses of Chiefs

34. Certain appeals to operate as stay of execution

35. Proceedings before a Traditional Council

36. Vacancies in Judicial Committees

37. Enforcement of judgment of Houses of Chiefs or Traditional Councils

38. Protection of parties, counsel and witnesses

39. Obstruction of proceedings

40. Right to bring proceedings for deposition

41. Proceedings in chieftaincy matters to be recorded in writing

42. Applications: to two hnilif'''l.

43. Supervisory jurisdiction of the High Court Stool property

44. Stool property

45. Alienationof stool propertyrequires consentof TraditionalCouncil

46. Prohibition upon execution

47. Recovery of stool property

48. Preservation of stool property atrected by chieftaincy disputes Customary law

49. National House of Chiefs to promote the development of customary law

50. Functions of Traditional Councils reiating to customary law

51. Declaration of customary law

52. Alteration of customary law

53. Regional Houses of Chiefs affectedby same rule of customary law

54. Assimilation of customary law

55. Effect of assimilation

56. Power to include transitional provisions Chief

57. Definition of a chief

58. Categories of chiefs

59. National Register of chiefs 2 Chieftaincy Act, 2008 Act 759

60. Chieftaincv Bulletin

61. Contempt charges

62. Enstoolment, destoolment of a chief to be reported to the National House of Chiefs

63. Certarn offences ill connection with chiefs Miscellaneous provisions

64. Staff of Houses of Chiefs

65. Functions of Registrar to a House of Chiefs

66. Traditional and Divisional Councils

67. Funds of Houses of Chiefs and Traditional Council,

68. Estimates of Houses of Chiefs

69. Accounts and audit

70. Actions by or against Houses of Chiefs and Traditional Councils

71. Regulations

72. Saving of rights of allegiance and rights over land

73. Stool lands account for each region

74. Annual statement of uccounta to be submitted to stools •

75. Election regulations

76. Interpretation

77. Repeals, saving and transitional provisions 3 Act 759 TIlE SEvEN HUNDRED AND FlFrY-NINIH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED CHIEFTAINCY ACT, 2008 AN ACT to revise and consolidate the Chieftaincy Act, 1971 (Act 370) to bring its provisions in conformity with the Constitution and to provide for related matters. DATE OF ASSENT: 16th June, 2008. ENACTED by the President and Parliament: National House ofChi¢ National House of Chiefs

1. (I) In accordance with article 271 of the Constitution, the National House of Chiefs consists of five paramount chiefs from each region elected by the Regional House of each region. (2) Where there are fewer than five paramount chiefs in a region, the House of Chiefs of the region shall elect the number of divisional chiefS as shall make up the required representation cf'chiefs fUI the region. (3) The National House shall have a President who shall be the head of the National House. (4) The President ofthe National House shall be elected by thp rnem, bers of the National House from among their number. 4 Chieftaincy Art 2rJOR Act 759 (5) The National House shall have a Vice-President who shall (a) be elected by the members of the National House from among therr number; (b) act as the head of the House in the absence of the President, and (c) perform the functions of the President in the absence of the President. Election of members of Nationa! House of Cltiefs

2. (I) The Electoral Commission shall supervise the election of the President, Vice-President and other members of the National House and the Chairman of the Electoral Comntission or a public officer nominated by the Chairman in writing shall be the remnting officer for the election. (2) A person eleeted President, Vice-President or a member of the National House shall hold office fur fuur years and is un the expiration of the term of office eligible for re-election except that a person shall not hold office as President or Vice-President for more than two terms in succession. (3) A person is not qualify to be President or Vice-President of the National House of Chiefs if that person [a} has been convicted for high treason, treason) high crime or fur an offence Involving the security uf the State, fraud, dishonesty or moral turpitude, or; (b) is adjudged to be a person of unsound mind, or; (c) having been declared insolvent or bankrupt under a law in force in the Republic or in any other country, is an undischarge insolvent or bankrupt, or (dJ having professional qualification, is disqualified from practising the profession by the order of a competent authority of that profession not made at the request of that person. (1) Where a vacancy occurs in the office of the President, Vice President or a member of the National House, the Registrar of the National House shall notify the Electoral Comntission in writing of the occurrence of the vacancy within fourteen days of the occurrence. (5) The Registrar of the National House shall by notice published in the Chieftaincy Bulletin (aJ convene a meeting of the National House, where the vacancy is in respect of the President or Vice-President within thirty days after the publication for the election of a President or 5 Act 759 Chieftaincy Act, 2008 Vice-President and shall invite the Electoral Commission to supervise the election; or (b) notify the Registrar of the relevant Regional House to convene a meeting of the Regional House to elect a representative to fill the vacancy under the supervision of the Electoral Commission, where the vacancy is in respect of any other member of the National House within thirty days after the publication, Functions of the National House of Chiefs

3. (I) The National House shall (a) advise a person or an authority charged with a responsibility under theConstitution oranyotherlawfor anymatter related to or affecting chieftaincy, (b) undertake the progressive study, interpretation and codifi- cation of the customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin, (e) undertake an evatuanon of tradmonat custom and usage with a view to eliminating custom and usage that is outmoded and socially harmful, and (d) perform the functions conferred on it under this Act and other functions, not inconsistent with a function assigned to the House of Chiefs of a region, that Parliamenl may refer to it. (2) Subject to thisAct, the National House may establish committees, comprising persons that it may detemtine to assist in the performance of its functions and may delegate to the committee any of its functions determined by it. (3) Standing Orders made under section 4 may regulate the composition, tenure of office and procedure of the committees and may also make other provision in relation to the committees. Standing Orders of the National House ofChie/S

4. The National House may make Standing Orders for the regulation and orderly conduct Of irs business. 6 Chieftaincy Act, 2008 Act 759 Meetings of the National House of Chiefs

5. (I) The National House shall meet at least twice in a year for the despatch of its buainess ell the times and in the places determined by the National House. (2) The Registrar of the National House shall convene an extraordinary meeting of the National House at the request in writing by the President of the House or by not less than one-halfof the total number of members of the National House. (3) Business except an adjournment shall not be transacted at a meeting if there are less than one-half of the total number of members of the House present at the meeting. (4) The President of the National House shall preside at meetings of the House and in the absence of the President, the Vice-President, shall preside and in the absence of both the President and the Vice- President, a member of the National House elected by the members from among their number shall preside. (5) A question arising for decision by the National House shall be determined by the votes of the majority of the members present and voting, and in the event ofequality ofvotes the President or other person presiding at that meeting shall have a casting vote, except that Standing Orders of the National House may provide for the participation in the proceedings ofthe House by a member through a representative including the casting of votes by proxy or by any other means of representation permitted by customary law. (6) The proceedings at a meeting of the National House shall not be invalidated by reason of a vacancy in the office of the President or Vice-President or in the membership of the National House or by a defect in the appointment, election, or qua1ification of a person holding ollice. 1I£gi0nal Houses of Chwft Regional Houses of Chiefs

6. (I) In accordance with article 274 ofthe Constitution, the Regional House of Chiefs consists of members specified hy Iegislative instrument made by the National House of Chiefs and issued under the signature of the President of the National House of Chiefs. (2) Where the seat ofa mernberofa Regional House becomes vacant and a successor is required by an instrument made under subsection (1) 7 Act 759 Chieftaincy Act, 2008 to be drawn from a specified group of chiefs, (a) the Registrar of the Regional House shall notify the Electoral Commission in writing Ofthe occurrence of the vacancy within fourteen days of the occurrence, (b) a meeting of the group shall be convened by the Electoral Commission by a notice publishedin the Chieftaincy Bulletin and the mass media, (c) subject to subsection (3), the meeting shall proceed to elect a new member, who shall be taken to be elected if the person obtains a simple majority of the votes cast, and (d) the Electoral Commission shall publish in the Chieftaincy Bulletin notice of the result of the election signed by the Chairman of the Electoral Commission or any other public officer authorised by the Chairman of the Electoral Commission in writing. (3) An election shall not be held under subsection (2) if less than one-hall of the chiefs In the group are present, and Where (a) an insufficient number of chiefs is present, or (b) no chief obtains a majority of votes cast, the new member shall he nominated hy the Regional House of Chiefs from among the chiefs in the group to which the election relates. (4) A new member elected or nominated under subsection (2) or (3) shall hold office for the unexpired term of the vacating member and is eligible for re-election or re-nomination. President and Vice-President ofRegionol Honse of Chiefs

7. (1) Each Regional House shall have a President who shall (a) be the head of that House, (b) in the case of the Ashanti Regional House, be the Asantehene, and (c) in case of other houses, be a chief elected by the members of the Regional House of Chiefs from among their number. (2) Each Regional House shall have a Vice-President who shall, (a) in the case of the Ashanti Regional House, be the ~arnponghpne. ~nrl (b) in case of other houses, be a chief elected by the members of the Regional House from among their number. (3) Eligibility for office of President or Vice-President ofa Regional House under subsection (Ij(e) and (l)(b) shall be regulated by the Standing 8 Cliit:flUi1ll.':Y ACI, 200S Acl 759 Orders of the relevant Regional House, having regard to the principles of the traditional hierarchy of the region (4) The Vice-President shall act as President in the absence of the President of the relevant Regional House. (5) A President or Vice-President ofa Regional House other than the President and Vice-President of the Ashanti Regional House shall hold office for four years and is on the expiry of that period eligible for re-election except that a person shall not hold office as a President or Vice-President of a Regional House of Chiefs other than the Ashanti Regional House for more than two terms in succession. Election ofPresident and Vice-President ofRegional Honses ofChiefs

8. (1) Except in the ease of the Ashanti Regional House, where the office of the President or Vice-President of a Regional House becomes vacant, (a) the Registrar ofthe Regional House shall notify the Electoral Commission in writing of the occurrence of the vacancy within fourteen days of the occurrence, (b) a meeting of the Regional House shall be convened by the Registrar uf the Regiuual HUlCSe by notice published in the Chieftaincy Bulletin, (c) subject to subsection (3) ofsection II of this Act, the meeting shall proceed to elect, under the supervision of the Electoral Commission by secret ballot, the President and Vice- President, who shall be taken as eleeted on obtaining a simple majority of the votes cast. (2) The Electoral Commission shall publish the result ofthe election in the Chieftaincy Bulletin giving the total number of votes cast and the number cast in favour of the successful candidates. (3) The failure [Q publish the results of the elections as spectned under subsection (2) shall not invalidate the elections. Functions and committees of Regional Houses of Chiefs

9. (1) The autlnnhy of a Regional House applies within it.:, region. (2) Each Regional House shall, (a) advise a person or an authority charged under the Constitu- tion or any other law with responsibility for a matter relating to or affecting chieftaincy in the region, 9 Act 759 Chieftaincy Act, 2008 (b) undertake a study and make general recommendations that are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region, (c) undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region, and (d) perform other functions conferred on it by this Act or by any other enactment. (3) Where a mauer Is referred to a Regional Howe by the President, Parliament, or an authority in respect of a matter relating to chieftaincy, the Regional House shall give consideration to the matter and report on it as required. (4) Subject to this Act, a Regional House may appoint committees comprising the persons determined by it to assist in the performance of its functions, and may delegate to any of the committees the functions it thinks (il. Regional House of Chiefsto malte Standing Orders

10. Each Regional House may make Standing Orders for (a) the composition, tenure of office and procedures of committees appointed under subsection (4), (b) other provisions in respect of the committees, and (c) the regulation and orderly conduct of its business. Meetings ofRegional Houses of Chiefs

11. (1) A Regional House shall meet at least twice in a year for the despatch of business at times and in the places determined by the House. (2) The Registrar of a Regional House shall at the request in writing of the President of that Regional House signed by the President or at the request of not less than one-half of the total number of members of that Regional House convene an extraordinary meeting of the House. (3) Business except an adjournment shall not be transacted at a meeting if there are less than one-halfof the total number of members of that House present at the meeting. (4) The President of a Regional House shall, preside at meetings of the Regional House and in the absence of the President, the Vice- President shall preside and in the absence of both the President and the Vice-President, a member of the Regional House elected by the members from among their number shall preside. 10 Chieftaincy Act, 2008 Act 759 (5) A question for decision by a Regional House shall be deter- mined by the votes ufthe majority of'members present and voting am! in the event of equality of votes, the President or person presiding at that meeting shall have a second vote except that Standing Orders of a Re- gional House may provide for participation in the proceedings of the House by a member through a representative including the casting of votes by proxy or any other means of representation permitted by customary law. e6) The validity of the proceedings at a meeting of a Regional House shall not be invalidated by reason of a vacancy in the office of the President or Vice-President or in the membership of the House or by a defect in the appointment, election or qualification of a person holding .office. Traditional andDivisional Councils Traditional Councils

12. (1) There shall be a Traditional Council in each tradtnonat area. (2) The name and members of each Traditional Council shall be stated in the National Register of Chiefs maintained under section 59 of this At"t President ofTraditional Councils

13. (1) The paramount chief of a traditional area or in the case of the Kumasi traditional area, the Asantehene, shall be the President of the Traditional Council. (2) In any other case, the presidency shall be held by the paramount chiefs in the traditional area on a two yearly rotational basis in alphabetical order of stool or skin name. Membership ofTraditional Councils

14. (1) Subject to this section, a Traditional Council shall consist, in addition to the President, of rhe :rw.rsnm: shown in the National Register of Chiefs as the members of the Traditional Council. (2) As soon as practicable after a change Occurs in the member- ship of a Traditional Council, the Council shall notify the Regional House whiCh shallln turn notify the National Honse and, sUbject to subsection (3), the National House shall cause the Register to be altered accordingly. (3) Where the National House is satisfied after consultation with the appropriate Regional House that a chief shall, or shall not, be a member of a Traditional Council, the National House shall amend the Register accordingly. ,1 Act 759 Chiejiaincy Act, 2008 Meetings ofTraditional Conncils

15. (1) Meetings of a Traditional Council shall be held at the times and in the places determined by the President of the Council but shall meet of least twice in a year. (2) The President of a Traditional Council shall convene an extraordinary meeting of the Council at the request of not less than one- half of the members of the Council. (3) The President of a Traditional Council shall preside at meetings orthe Council and where the President IS unable to attend a meeting, the chief next to the President in seniotity on the Council shall preside at the meeting. (4) Business except an adjournment shnll not be transacted if less than one-half of the total number of members is present. (5) A Judicial Committee of a Tradition Council may be assisted by a lawyer appointed by the Committee. Division

16. A Division is an area which is specified in the National Register of Chiefs as a Division. Divisional Conncils

17. (1) There may be established in each traditional area the Divisional Councils that the relevant Regional House may determine. (2) The name and members of a Divisional Council shall be recorded in the Register of Chiefs on the advice of the relevant Regional House of Chiefs. Membership ofDivisional Conncils

18. (I) A Divisional Council shall consist ofthe persons whose names appear in the National Register ofChiefs as the members ofthe Divisional Council. (2) As soon as practicable after a change occurs in the member- ship of a Divisional Council, the Council shall notify the Traditional Council of the Divisional Council and the Traditional Council shall inform the National House of Chiefs. (3) Where the National House of Chiefs is satisfied after consul- tation with the appropriate Traditional Council that a chief shall or shall not be a member of the Divisional Council, the National House of Chiefs shall amend the Register accordingly. 12 Chieftaincv Act. 2008 Act 759 Presidency ofDivisional Conncils

19. The presidency of a Divisional Council shall be held by the most senior chief and m that person's absence by the nexr most senior chief. Meetings ofDivisional Coancijs

20. (1) Meetings of a Divisional Council shall be held at the times and places determined by the President of the Divisional Council or as demanded by not less than one-half of the members of the Council. (2) The President ofa Divisional Council shall preside at meetings of the Council and where the: President is unable to attend a meeting, a member of the Council elected by the members from among their number shall preside. (3) Business except an adjournment shall not be transacted at a meeting ifless than one-half of the total number of members are present. Functions ofDivisional Conncils

21. (1) The National House may, acting in consultation with the Traditional Council concerned or where there is no Traditional Council for the area, acting in consultation with the Regional House, assign functions to a Divisional Council with respect to a cause or matter affecting chieftaincy, (2) Where the function ofheating and determining a cause or matter affecting chieftaincy has been conferred on a Divisional Council under subsection (1) the provisions of this Act relating to the exercise hy a Traditional Council of that function shall, with the necessary modifications, apply to the Divisional Council as they apply to a Traditional Council. Chieftaincy matters, jurisdiction and Judicial Committees iliiginaljuriJdiction of1h< Nationol Ho.... orChier.

22. The National House of Chiefs has original jurisdiction in a cause or matter affecting chieftaincy, (a) which lies within the competence of two or mOrE" Regional Houses, (b) which is not properly within the jurisdiction of a Regional House, or (c) which cannot be dealt with by a Regional House. 13 Act 759 Chieftaincy Act, 2008 Appellate jurisdiction ofthe National Honse ofChiefs

23. (1) The National House has appellate jurisdiction in a cause or mauer affecting chieftaincy which has been determined by it Regional House. (2) Upon an appeal, the National House may confirm, reverse or vary the decision appealed against or remit the matter or a part of that matter for reconsideration by the Regional House from whose decision the appeal is brought, subject to the conditions or directions that the National House may consider necessary. Appeals to the Supreme Court

24. An appeal against a decision of the National House in the exer- cise ofits (a) original jurisdiction lies to the Supreme Court, and (b) appellate jurisdiction, lies to the Supreme Court with leave of the National House or of the Supreme Court. Judicial Comntittee of the National Honse of Chiefs

25. (1) There shall bp a Judicial Committee of the National HOll~e which shall exercise the original and appellate jurisdiction conferred on the National House under this Act. (2) The Judicial Committee shall in the exercise of (a) the orIgInaJ jurlsdJclion of the National House comprise three members, and (b) the appellate jurisdiction of the National House comprise five members of the National House appointed by the members of the National House. (3) A member of the Judicial Committee of the National House shall be temoved from office by the votes of not less than two-thirds of the members of the National House on grounds of (aJ proven misbehaviour; or (b) infirmity of mind or body where the infirmnity of mind or body is proven by a government medical officer. (4) A Judicial Committee of the National House shall be assisted by a lawyer of not less than ten years' standing appointed by the National House on the recommendation of the Attorney-General. Odginaljw-I:sdi.,;tlOIl ofRcgioual BuOM:ofCWcf:s

26. Subject to section 22 a Regional House has original jurisdiction in matters relating to a paramount stool or skin or the occupant of a paramount stool or skin including queenmothers to a paramount stool or sian. 14 Act 759 Appellate jurisdiction of a Regional Honse of Chiefs

27. (1) A Regional House of Chiefs has jurisdiction to hear and determine (a) appeals from the Traditional Councils within the region in respect of the nomination, election, selection, installation and deposition of a person as a chief, (b) appeals against a judgement or an order given or made by a Traditional Council within its region on a cause or matter alfecting chieftaincy. (2) Upon an appeal, a Regional House may reverse or vary the decision appealed against or remit the matter or a partof that matter for reconsideration to the Traditional Council from which the appeal is brought subject to the conditions or directions that the Regional House may consider necessary. Judicial Committee of a Regional Houses of Chiefs

28. (1) There shall be a Judicial Committee of each Regional House which shall exercise the original and appellate jurisdiction conferred on the Regional House under sections 26 and 27. (2) The original and appellate jurisdiction of a Regional House shall be exercised by the Judicial Committee of the Regional House comprising three chiefs appointed by the Regional House from among its members. (3) A suesuber uf a Judicial Committee of a Regional House may be removed from office on the ground of proven misbehaviour or infirmity of mind or body by the votes of not less than two-thirds of all the members of the Regional House. (4) A Judicial Committee appointed under this section shall be assisted by a lawyer of not less than five years standing appointed by the Regional House on the recommendation of the Attorney-General. Jurisdiction ofTraditional ConnciJs

29. (1) Subject to this Act, a Traditional Council has exclusive jurisdiction to hear and determine a cause or matter affecting chieftaincy which arises within its area, not being one to which the Asantehene OJ it paramount chief is a party. (2) The jurisdiction of a Traditional Council shall be exercised by a Judicial Committee comprising three or five members appointed by the Council from their members. 15 Act 759 Chieftaincy Act, 2008 (3) A person aggrieved by a judgment or an order given or made by a Traditional Council in a cause or matter affecting chieftaincy may appeal to the relevant Regional House as of right against the judgment or order. (4) An appeal to a Regional House against a judgment, decision or order of a Traditional Council shall be lodged within thirty days after the date of delivery of the judgment, decision or order appealed against, unless the Regional House extends the period for a further period not exceeding thirty days from the date of expiry of the period of appeal. Customary arbitration

30. The power of a chief to act as an arbitrator in customary arbitration in any dispute where the parties consent to the arbitration is guaranteed. Proceedings in chieftaincy matters Evidence before Judicial Committee

31. (1) A Judicial Committee may receive in evidence any matter including hearsay which tends to prove or disprove a fact relevant to the subject matter before the Committee. (2) A Judicial Comntittee shall not make a finding of fact or draw an inference solely on hearsay evidence, (3) A Judicial Committee may do all or any of the following as may be done by a High Court in proceedings before the High Court (a) make presumptions of law or fact, (b) take cognisance of matters which are so notorious or so dearly established that evidence of their existence is not necessary, and (c) draw inferences from facts already in evidence. (4) A party to proceedings before a Judicial Committee may ap- pear in person or by a lawyer and any other person required to appear may appear either in person or with leaveof the Committee by a lawyer. (5) A question as to the existence or content of a rule of custom- ary law is a question of law forthe Judicial Committee andnot a question of fact. (6) Where a JudicialCommittee entertainsa doubt as to the existence or content of a rule of customary law relevant in proceedings after considering the submissions that have been made by or on behalf of the 16 Chiettaincv Act, 2008 Act 759 parties and after consulting the reported cases, textbooks and other sources that may be appropriate, the Judicial Committee shall adjourn the proceedings 10 enable an Inquiry 10 lake place. (7) The inquiry shall be held as part of the proceedings in lhe man- ner lhatthe Judicial Committee considers appropriate and lhe provi- sions of this Act relating to the attendance and testimony of witnesses shall apply for the purpose of tendering of opinions to lhe Judicial Committee at the inquiry, subject to the modifications that may appear to lhe Judicial Committee 10 be necessary except that (aj the decision as to the persons who are to be heard at the inquiry shall be the decision of the Judicial Committee, after hearing lhe submissions thar may be made by or on behalf of the parties, and (b) lhe Judicial Committee may request any authority or body with knowledge of the customary law in question to state its opinion which may be laid before lhe inquiry in a written form. Security for cost in proceedings before Judicial Committee

32. (i) A Judicial Committee may require the applicant in proceedings hf"forp ir to give s!?('nrlty for r'osrs of thl:" application. (2) In each case determined by a Judicial Committee the costs awarded shall be at the discretion of lhe Committee. (3) For the purpose of the recovery of costs, a certificate of lhe Committee setting out the particulars may be filed without payment of a fee in the High Court and when filed, lhe costs shall be accepted by lhe High Court as sufficient evidence of the facts certified and costs imposed under this section may be taxed as if imposed by the High Court. General provisions relating to judicial proceedings before Houses of Cbie&

33. (I) An appeal to lhe National House against a judgment, decision or an order ofa Regional House shall be iodged within thitty days after the date ofdelivery ofthc judgment, decision or order appealed against, unless the Regional House or Notional House extends lhe period for a furlher period not exceeding thirty days from the date of expiry of the period of appeal. (2) The National House or a Regional House shall have, in reia- tion to an appeal that comes before it, !he powers of the Traditional Council from WhICh the appeal IS brought, 17 Act 759 Chieftaincy Act, 2008 (3) In the exercise of its judicial power, the National House or a Regional House, shall have the powers, rights and privileges that are vested in the High Court Judge at a trial in respect of (a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise, and (b) compelling the production of documents and the issue of a commission or request to examine witnesses abroad. (4) Subject to this Act, the practice and procedure of the National House or a Regional House in the exercise of judicial functions shall be regulated by rules made in consultation with the respective House by the Rules of Court Committee. (5) A member of a Judicial Committee appointed under this Act or the lawyer of (I Judicial Committee is not liable to an action or suit in respect of a matter or thing done by the member or the lawyer in the performance of functions under this Act. (6) A member of a Judicial Committee or a lawyer of the Committee is in relation to the exercise at' a functIon under this Act a public officer for the purpose of the Criminal Offences Act, 1960 (Act 29). (7) A person who does anything in relation to the exercise of the judicial functions of the National House or a Regional House which if done in relation to the High Court will constitute a contempt of that Court commits contempt of that House. (K) Where It appears to a Judicial Committee that a person has committed contempt of the House of Chiefs, it shall certify that fact to the High Court which, if it is satisfied that the person has committed contempt, shall take steps for the punishment of the person in contempt or shall otherwise acquit that person. (9) The functions of a lawyer appointed to assist a Judicial Com- mittee is to advise the Committee on matters of law, including in parncuiar, evtdence, procedure and mterprerarton of documents and. statutes. Certain appeals to operate as stay of execution

31. (l) Subject to subsection (2), an appeal to the National House or to a Regional House against a final judgment or order operates as a stay of execution of the judgment or order appealed against and any other order made on it consequentially unless the appellate tribunal Otherwise directs. 18 Act 759 (2) Subject to section 62, an appeal does not operate as stay of execution. Proceedings before a Traditional Council

35. (I) A Traditional Council shall, conduct its proceedings according to customary law, but for the purpose of compelling the attendance of parties and witnesses and the production of documents, a Traditional Council shall have the same powers as a District Court in civil matters. (2) The provisions of this Act relating to proceedings and functions of a Judicial Committee of a Regional House of Chiefs shall, apply to proceedings and functions of a Judicial Committee of a Traditional Council with the modifications that are necessary. (3) A Traditional Council may in respect of a chieftaincy cause or matter determined by it, make an award of a civil nature induding an award of compensation to an injured person. (4) A provision in this section does not authorise a Traditional Council to puntsn a person by imposing a line or a term ortmprtsonmenr, and, in the case of stool property, an award shall not be made which would involve the delivery or disposal of property or the payment of money exceeding the equivalent of five thousand penalty units. (5) A Traditional Council shall, within thirty days after deciding a cause or matter affecting chieftaincy, report its decision to the Regional House of Chiefs of the region. VaclUtcies in Judicial Coruntittees

36. (I) Except as provided in subsection (3), where a vacancy occurs in the membership of a Judicial Committee of the N atioual House, a Regional House or a Traditional Council otherwise than as a result of the expiration of the term of office of its members, the appropriate House or Council may fill the vacancy. (2) Where the proceedings of a Judicial Committee have not been completed before the filling of a vacancy, the Judicial Committee as re- constituted after the filling of the vacancy shall adopt the proceedings of the Judicial Committee as previously constituted in the cause or matter in question. (3) Where at the time of the expiry of the term of office of mem- bers of the National House, a Regional House or a Traditional Council, there is pending before the Judicial Committee of the relevant House or Council of which they are members a part-heard appeal or a cause or 19 Act 759 Chieftoinoy Act, 2008 matter relating to chieftaincy, the members shall for the purpose of completing the hearing and determination of the appeal, cause or matter, (a) continue to hold ollice for a fiuther period of not more than three months after their term of ollice has expired, and (b) where a matter still stands undetermined, the succeeding Judicial Committee may adopt the proceedings of the previous Judicial Committee and proceed with the matter. Enforcement of judgment ofRouses ofChiefs or Traditional Couocils

37. (I) On an application made by a patty to proceedings before a Judicial Committee of a House of ChiefS in whose favour a judgment or order was made by that Committee, that Committee shall forward a copy of the judgment or order to the High Court with a request for execution of the judgment or order. (2) On the payment by the applicant of the prescribed fees, the High Court shall take steps and issue the process necessary for the execution of the judgmentor order as it would take or issue if it were a judgment or order of the High Court. (3) On an application made by a party to the proceedings before a Judicial Committee of a Traditional Council in whose favour a judgment or order was made by the Council, that Council shall forward a copy of the judgement or order of the Council in the proceedings to the District Court that has jurisdiction in the traditional area in question with a re- quest for execution. (4) On the payment hy the applicant of the prescribed fees, the District Court shall take steps and issue process necessary for the purpose of the execution of the judgment or order as it would take or issue if it were a judgment or order of the District Court. Protection of parties, counsel and witnesses

38. (I) A party, a lawyer or witness appearing before a Judicial Committee shallhave the same protection in respect of statements made in the course of and for the purpose of the proceedings of the Committee that the party would have in the High Court. (2) A witness before a Judicial Committee shall have the sarne privileges that the witness would have before the High Court. Obstrnction of proceedings

39. Subjeettosection 38, a person who, in proceedings before a Judicial Committee, without lawful excuse, proof of which lies on that person, (a) fails when required by the Committee to produce or deliver a document, answer a question or sign any document, or 20 Chieftaincy Act, 2008 Act 759 (b) wilfully obstructs the proceedings of the Committee at any stage commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or a term ofimprisonment of not more than twelve months or to both. Right to bring proceedings for deposition

40. (1) A person is not entided under this Act to institute proceedings for the deposition of a chief unless that person is entitled to do so under the custom of the area concerned. (2) A Traditional Council shall not declare a chief liable to be deposed unless in accordance with subsection (3), the Judicial Comntittee of the Traditional Council has considered the charges against the cltief and found the chief liable to be deposed. (3) Except where deposition is accepted without challenge, and subject to an appeal, a chief is not deposed, unless (11) ilPpn~itinn rh:ngp~ h~vp hPPn ;n·:titntpn ~8':lin$t thp chief and (b) the appropriate customary practice for deposition in the area concerned have been complied with. (4) Subsection (3) does not preclude a Traditional Council from imposing approriare customary sanction on a divisional or subordinate chief of a Traditional area, or a member of the Traditional Council of the area. Proceedings in cltieftaincy matters to be recorded in writing

41. The proceedings of the National House, a Regional House and a Traditional Council in a cause or matter affecting chieftaincy shall be recorded in writing or in an accessible form. Applications to two bodies

41. Where this Act requites: an application to be made to one body or another, the application shall first be made to the lower body and if that body refuses the application the applicant may have the application deterntioed by the higher body. Supervisory jurisdiction of the High Court

43. Despite a provision of this Act, the High Court has supervisory jurisdiction over an adjudicating cltieftaincy body established by or under tIlJs Aer. 21 Act 759 Chieftaincy Act, 2008 Stool Property Stool prnpprty

44. Stool property consists of the following (0) the stool itself and all the insignia of that stool, (b) any other movable and immovable property handed over or declared as stool property to the chief on mstaLlation; and (e) any property movable or immovable acquired as stool property or with stool resources after the installation of the chief Alienation of stool property requires consent ofTraditional Council

45. In addition to the consent and concurrence of the Lands Commission required bv clauses (3) and (4) of article 267 of the Consti- tution, a transaction purporting to alienate or pledge stool property whether movable or immovable is voidable unless made or entered into with the consent of the Traditional Council concerned. Prohibition upon execution

46. Stool property whether movable or immovable shall not be seized in execution at the suit of a person except with the written consent ofthe National House. Recovery of stool property

47. Where a Judicial Committee makes an order for the delivery of stool property, a person who fails to comply with that order commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not more than twelve months or to both and also to a further fine of not more than. ten penalty writs for each day on which the offence continues. Preservation of stool property affected by chieftaincy disputes

48. (I) A Regional House acting in accordance with the order of the Judicial Committee ofthat House may order the Registrar ofthe Regional House to take possession of stool property (a) where the stool property is affected by pending proceedings in respect of a cause or matter affecting chieftaincy, (b) where the Judicial Committee is satisfied on reasonable grounds that there is a pending dispute affecting the stool property and it is in the interest of public order or it is in the interest for the preservation of the stool property to take possession of the property, or 22 Chieftaincy Act, 2008 Act 759 (c) where (i) a chief has abdicated or has been destooled in accord- ance with this Act, (ii) a chief has, following proceedings in respect of a cause or matter affecting chieftaincy, been destooled, or (iii) a person has under any other circumstances ceased to be a chief, and the chief has failed to hand over the stool property to the person who under customary law and usage is entitled to receive the stool property. (2) The Registrar of the Regional House shall seek the assistance of the Registrar of the High Court for the enforcement of the order. (3) A Registrar who takes possession ofstool property shall within seven days of taking possession of the property prepare an inventory of the stool property and file a copy of the inventory with the Judicial Committee of the relevant Regional House. (4) Where the need for the retentiun of property under this sec- tion has ceased to exist, the President ofthe relevant Regional House on the direction of the Judicial Committee, shall order the restoration uf the property to the srooi concerned. (5) For the purposes of this section, a Judicial Committee of a Regional House or the National House may issue an interim order including an injunction that the Judicial Committee ofa Regional House considers necessary. (6) A person who wilfully obstructs another person ordered under this section to take possession of any stool property or who wilfully obstructs the restoration of stool property commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or to a term of imprisonment of not more than two years or to both. Customary law National House of Chiefs to promote the development of customary law

49. The National House shall, subject to clause (2) of article 11 of the Constitution, undertake the progressive study, interpretation and codifi- cation of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law; 23 Act 759 Chieftaincy Act, 2008 Functions of Traditional Councils relating to customary law SO. Where a Traditional Council determines that the customary law wntcn is f1J force within irs area is uncertain or considers it desirable that it should be modified or assimilated by the common law, the Council shall make representation on the matter to the House of Chiefs in the region. Declaration of customary law

51. (I) A Regional House may, draft a declaration of what in its opinion is the customary law rule in force in the region or any part of that region after receiving representations from a Traditional Council or on its own initiative or if so requested in writing by the National House. (2) A draft shall be submitted to the National House which shall consider it and consult with the Regional House concerned. (3) Where the National House is satisfied that the draft us submitted or with themodifications that it considers necessary, is a correct statement of the customary rule in question, it shall submit a request in writing to the Minister that the statement of the customary law rule be given ettect m the area concerned. (4) The Minister may, on receipt of a request made by the National House, by legislative instrument give effect to the recommendations of the National House which shall provide that the rule in question has effect within the area concerned in the form set out in the instrument after consultation with the Attorney-General, Alteration ofcustomary law

52. (1) A Regional House (a) may either after receipt of representations from a Traditional Council or on its own initiative, and (b) shall if so requested in writing by the National House of Chiefs, draft a statement of alterations it thinks desirable in any customary law rule in force in its region or any part of thatregion. (2) The draft statement shall be submitted to the National House and if the National House is satisfied after consultation with the Re- gional House concerned, that effect should be given to it as submitted or with the modifications that it considers necessary, the National House shall submit a request in writing to the Minister that the statement of the rule as modified by the draft should be given effect in the area concerned. (3) The Minister on receipt of a request made by the National House and after consultation WIth the Attorney-General, may by a leg- 24 Cniefuuncy ACt, 200/5 Act 759 islative instrument give effect to the recommendations and provide that the rule shall have effect within thp area in question in the fonn set out in the instrument. Regional Hoose of Chiefs affected by same rule of customary law

53. (1) Where a question that affects customary law is common to more than one Regional House there shall be a Joint Committee of the Houses affected to consider that question. (2) A Joint Committee shall be made up of a committee of each Regional House set up for the pwpose. (3) A Joint Committee shall have the same authority as if the question before it were before a Regional House, and the provisions under sections 48 to 55 shall apply accordingly Assimilation of customary law

54. (I) The National House (a) mayan its own initiative, and (bJ shall at the request made to it in writing by the Minister or by a Joint Committee comprising representatives of all the Regional Houses consider whether a rule of customary law should be assimilated by the common law (2) Where the National House is ofthe opinion that the rule should be assimilated by the common law, it shall draft a declarationdescribing the rule, with the modifications that it considers necessary, after considering the evidence and representations that have been submitted to it and after carrying out the appropriate investigations. (3) The draft shan be submitted to the Minister who may by legislative instrument give effect to the recommendations ofthe National House and declare the rule to be assimilated in the form specified in the instrument after consultation with the Attorney-General. Effect ofassimilation

55. (I) Where a rule is declared to be assimilated under subseerion (3) of section 54, it may be referred to as a common law rule of customary origin. (2) A common law rule of customary origin shall apply to each issue within its scope, whether or not that issue would have been detennined according to the common law or a system of cuseomery Iaw; if assimilation had not taken place. 25 Act 759 Chieftaincy Act, 2008 (3) Where an issue falls to be determined by a combination oftwo or more rules, nothing in sections 48 to 55 shall prevent a rule of com- mon law or customary law which is not within the scope of a relevant common law rule of customary origin, from being applied in accordance with section 54 of the Courts Act 1993 (Act 459) in combination with the common law rule of customary origin. (4) A court may have regard to textbooks and other sources indi- cating the content of a conunon law rule of customary origin as would be available if the rule had not been assimilated, and shall treat the rule in the same way as any other common law rule. (5) Nothing in this section shall be taken to modify the provisions of section 17 subsections (I), (2), (4) and (5) and section 18 subsections 0) and (2) ofthe interpretation Act, 1960 (C.A. 4) which explain the meaning of the expression "common law" and "customary law". Powerto include transitional provisions

56. A legislative instrument made under sections 51, 52 or 54 may contain transitional provisions which the Minister, on the advice of the National House of Chiefs and in consultation with the Attorney-General, ron(.;di!T~ npl"t;>S;l:::lry in ,rpl:ltinn tn (':ll::P~ l"Pnrline ar thp (btl' when the Instrument is made. Chieft Definition of a chief

57. (1) A chief is a person who, hailing from tlte appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage. (2) A person does not qualify as a chief if that person has been convictedof high treason, treason, high crimeor for an offence involving tlte security of the State, fraud, dishonesty or moral turpitude. (3) A chief shall not take part in active patty politics and a chief wislting to do so or seeking election to Parliament shall abdicate the stool or skin. (4) Despite subsection (3) and subject to the Constitution, a cllief may be appointed to any public office for which the chief is otherwise qualified. (5) A person shalf not hE' r-onsidered to be a chief fnr thf;" performance of a function under this Act or any other enactment, unless that person has been registered for tlte performance of that function in 26 Clu'efiaincy Act, 2008 Act 759 the National Register ofChiefs and that person's name has been published in the Chiefiaincv Bulletin. Categories of chiefs

58. The following are the categories of chiefs (a) the Asantehene and Paramount Chiefs, (b) Divisional Chiefs, (c) Sub-divisional Chiefs, (d) Adikrofo, and (e) other chiefs recognised by thc National House. National Register of chiefs

59. (1) The National House shall maintain a register to be known as the UNational Register of Chiefs". (2) The National House shall cause to be recorded in the National Register of Chiefs the particulars refating to chieftaincy that it may think fit or as required by this Act or any other enactment to be recorded in it. (3) The Minister may request in writing to be supplied with a copy of the Register or an extract of the Register and the N ationa! House shall cause to be supplied a copy of the Register or an extract duly certified to be true by the Registrar of the National House. (4) The Minister may also request for other information in con- nection with the maintenance of the Register that are necessary for the due administration of this Act and the National House shall comply with the request. (5) The Minister or a public officer authorised by the Minister may at a reasonable time, enter the premises where the Register is kept and rake an extract of it. (6) Any other person is entitled on the payment ofa fee prescribed by Regulations made under section 71, (aJ to enter the premises where the Register i" kept and inspect the Register at a reasonable time; and (b) to have supplied to that person an extract of the contents of the Register or part of that Register duly certified by the Registrar ufthe Natiunal House or a public ufficer authorised by the Registrar in writing to be true. (7) A person aggrieved by the refusal of the Nationa! House to register that person :'1,:<: <I chief may within thirty days :'Iftpr rhe der-ision appeal against the decision to the Supreme Court. 27 Act 759 ChieftaincyAct, 1008 (8) The contents of the Register is prima facie evidence of the existence uf facts U! particulars SLalt:U in the Rrgistt::r. (9) In legal proceedings, the contents of the Register or a part of it may be proved by a copy duly certified personally by the Registrar of the National House or a 'public officer authorised bv the Registrar in writing, to be a true copy of the contents or of that part, Chieftaincy Bulletin 60, (I) The National House of Chiefs shall issue a publication to be known as the "Chtefiamcy BulteUn '', (2) The Chieftaincy Bulletin is the official publication ofthe National House of Chiefs on matters of and affecting chieftaincy, (3) The National House shall determine the periods for the publi- cation of the Bulletin. (4) Matters of the editorial board and contents of the Chieftaincy Bulletin shall, subject to publications indicated in this Act, be determined by the National House ot Cruets. (5) Where a matter is required under this Act or any other enact- ment to be published in the Chieftaincy Bulletin, the matter may also be published in thp ~ print or pl~ctrnnic media Contempt charges

61. A chief is not liable to a charge of contempt of court in court proceedings because ofan act done or a statement made in good faith in respect of or duting legitimate customary proceedings or practices which are not in willful violation of a specific order of a court. Enstoolment, deposition ofa chiefto be reported to the National Hoose ofCbiefs

62. (1) The installation, deposition, abdication and death of a chief in a region as well as other changes in the status of a chief that may be prescribed by Regulations under section 71 shall as soon as practicable after their occurrence, be reported in writing to the National House by the Regional House. (2) Despite any provision of this Act, an installation of a chief or queen mother is not valid unless, at least fourteen days before the date of the installation, public notice of it, in accordance with the custom of the area, has been given. (3) For the purpose of this section, fa) an interim injunction shall not be granted on application within the last seven days of the fourteen days, and 28 Chieftaincy Act. 2008 Act 759 (b) an appeal does not operate as stay of execution if it is filed within the last seven days ofthe fourteen days. (4) Subject to section 57 the National House shall on receipt of a report cause its contents to be published in the Chieftaincy Bulletin or any appropriate means for the information of the general public. Certain offences in connection with chiefs

63. A person who [a} acts or performs the functions of a chief when that person is not qualified to act, (b) being a chiefassumes a position that the person is not entitled to by custom, (e) knowingly uses disrespeetful or insulting language or insults a chief by word or conduct, (d) deliberately refuses to lionour a call from a chief to attend to an issue, (e) refuses to undertake communal labour announced by a chief withoutreasonable cause . or (f) deliberately fails to follow the right procedures to destool a chief, commits an offence and is liable on summary conviction to a fine of not mere UJdU twu hundred penalty units VI lU if tenn uf Imprisonment uf not more than three months or to both and in the case of a continuing offence to a further fine of not more than twenty-five penalty units for each day on which the offence continues. Miscellaneous andgeneral provisions Staff of Hooses of Chiefs

64. (1) The President shall in accordance with article 195 of the Constitution appoint the Registrar and staff for the National House and each Regional House. (2) The members of staff of the National House and each Re- gional House shall hold office on the terms and conditions determined by the President after consultation with the Public Services Commission. Functions ofRegistrar to a Hoose of Chiefs 6'. (1) The Registrar ufthe National House ur ufeach Regional House is the chief administrative officer of the House of Chiefs concerned. (2) The Registrar shall perform the functions of the House of Chiefs as directed by that House. 29 Act 759 Chieftaincy Act, 2008 (3) The Registrar shaIl keep the minutes of the proceedings of the Homes of Chiefs and shall have custody of recorda and any other docu- ments of the House. Traditional and Divisional Councils

66. The President shall in accordance with article 195 of the Constitution appoint the staff for a Traditional Council or Divisional Council. Funds of Houses of Chiefs and Traditional Councils

67. The National House, a Regional House, a Traditional Council and a Divisional Council shall each have the funds for the performance of their functions as Parliament may from time to time allocate. Estimates of Houses of Chiefs

68. (1) The National House and each Regional HouseshaIl in each year and by the date that the Minister responsible for Finance may direct, submit to the Minister for the approval of the Government estimates uf revenue aud CAVCllWlUrc in respect of the following year. (2) The estimates when approved by the Government shaIl be sub- mitted to Parliament. (3) The expenses incurred by the National House. a Regional House, a Traditional Council or a Divisional Council in the performance of functions under this Act shall be paid out of the Consolidated Fund. Accounts and audit

69. (1) The National House, a. Regional House or a Traditional Council and a Divisional Council shaIl keep books ofaccount and proper records in relation to the National House, a Regional House or Traditional Council in the form approved by the Auditor-General. (2) The National House, a Regional House or a Traditional Council and a Divisional Council shaIl submit their accounts to the Auditor-General for audit within three months after the end of each financial year. (3) The Auditor-General shaIl, not later than three months, after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister. (4) The Internal Audit Agency Act, 2003 (Act 658) applies to this Act. (5) The financial year of the National House, a Regional House, a Traditonal Council and a Divisional Council is the same as the financial year of the GOvernment. 30 Chieftaincy Act, 2008 Act 759 Actions by or against Houses of Chiefs and Traditional Cooncils

70. The I'rcaidcnt of the National House, a Regional House, a Traditional or a Divisional Council may represent that House Or Council in an action brought by or against that House or Council and an action may be brought by or againstthatHouse or Councilas if it were a person. Regulations

71. The Minister, in consultation with the National House, may by legislative instrument make Regulations as may appear to the Minister to be necessary or expedient to give full effect to this Act, including Regulations prescribing fees in respect of anything done under this Act or under Regulations made nnder this Act. Saving of rights of allegiance and rights over land

72. A provision of this Act does not prejudice a right of allegiance to which a chief in one region is entitled to from a chief in another region or a right of a stool in one region to property movable or immovable in another region. Stool lands account for each region

73. There shall be established by the Administrator of Stool Lands. a Stool Lands Account for each region known as a "Regional Stool Lands Account" which shall represent the total of the Stool Lands Accounts of the stools in that region. Annual statement of acconnts to be snbmitted to stools

74. The Office of Administrator of Stool Lands shall, once in each year, submit to each stool or skin which has accounts kept by the Administrator, a statement of revenue and expenditure in respect of that account in the form determined by the Minister. E1ectionregulations

75. The Electoral Commission shall for elections under this Act apply with necessary modificationany existing Regulations forpublicelections or may QY Constitutional Instrument make Electoral Commission Regulations that it considers necessary for elections under this Act. Interpretation

76. In this Act unless the context otherwise requires, "Asantehene" means the occupant of the Golden Stool of Ashanti; 31 Act 759 Chiefioincy Art, ?nnR "cause or matter affecting chieftaincy" means a cause, matter, question or dtspure relating [Q any of the following (aj the nomination, election, selection or installation of a person as a chief or the claim of a person to be nominated, elected. selected or installed as a chief, (b) the deposition or abdication of a chief, (c) the right of a person to take part in the nomination, election, selection or installation of a person as a chief or in the deposition of a chief, (dj the recovery or delivery ofstool property in connection with the nomination, election, selection, installation, deposition or abdication of a chief, and (e) the constitutional relations under customary law between chiefs; "deposition" means destoolment or deskinment; "Diviaionnl chief" means a chief whose name for the time being appears as a Divisional Chief in the National Register of Chiefs, "Judicial Committee" means a committee appointed under sections L~, 28 or 29 of this Act, "Minister" means the Minister responsible for Chieftaincy and Culture; "N~ri{'ln::ll House" means the National House of Chiefs, "paramount chief" means a person who has been nominated, elected or selected and installed as a paramount chief in accordance with customary law and usage, "Regional House' IUt':aIlS the Regional House of Chiefs of the relevant region, "Register" means the register of chiefs maintained by the National House under section 59; and "stool" includes a skin. Repeals, saving and transitional provisions

77. (1) The ChieftaincyAct, 1971 (Act 370) as amended is repealed by this Act. (2) Despite the repeal of Act 370, (aj an appeal pending before the Supreme Court from a decision of the National House immediately before the commence- ment of this Act shall remain pending before that Court, 32 Chieftaincy ACT, 2008 (b) an action or application pending before a Judicial Committee appointed underthe Chieftaincy Act, 1971 (Act 370)and in existence immediately before thecommencement of this Actshallbe deemed to be pending before the relevant Judicial Committee provided for under this ACCI (e) a matter pending immediately before the commencement of this Act before the National House or a Regional House shall remain pending before the National House or the relevant Regional House under this Act and shall be proceeded with and determined by that House in accordance with this Act, (d) a matter pending before a Traditional Council immediately before the commencement of this Act shall after the com- mencement of this Act remain pending before that Traditional Council and shall he proreeded with and deter; mined by that Traditional Council in accordance with this Act, (e} a judgment or ordergiven or madeby a Traditional Council before the commencement of this Act is enforcable in the same manner as a judgment or order given or made by a Traditional Council after the commencement of this Act, (f) a statutory instrument, standing order dud au appcinunent made under therepealed enactment and in force immediately before the commencement of thisActshallcontinue in force until otherwise dealt with under this Act. (3) A Divisional Council in existence immediately before the commencement of this Actis hereby continuedin existence subject to the provisions of rhis Act. (4) A chiefwholegally holds office as the President, Vice-President or a member of the National or a Regional House of Chiefs, before the commencement of this Act shall on the commencement of this Act continue In office as It' appomted under the corresponding provision of this Act until the person's term expires or the personceases to be a Presi- dent, Vice-President or a member in accordance with this Act. 33