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1992; Ghana Investment Promotion Centre Act, 1994; Free Zone Act, 1995; Ghana
Stock Exchange Rules on Takeovers and Mergers; High Court Civil Procedures Rules,
1954; Securities Industry Law, 1993; Securities Industry Act, 2000; and the Bodies
Corporate (Official Liquidations) Act, 1963. The Securities Industry Law, for example,
prohibits and penalises insider trading and abusing self-dealing. Enforcement is to be
carried out by the SEC and GSE, although in practice there are few prosecutions.
76. The main institutions charged with ensuring the equal treatment of different classes
of shareholders are the RGD and the courts. The RGD, for example, has set up a client
service unit whose aim is to redress grievances and problems quickly, for example of
minority shareholders. Unsatisfied clientele can further seek redress from the public
complaints unit of the office of the head of the civil service and the courts. Other
institutions that to an extent protect shareholders include the SEC, GSE, GIPC and the
Ghana Free Zones Board.
77. Stakeholders' rights are established and protected under the general laws pertaining
to commerce, contracts and labour. In addition, voluntary codes, for example SEC
Guidelines and the Institute of Directors' Code of Ethics, cover certain stakeholder
issues. The Bodies Corporate (Official Liquidations Act) of 1963 provides the
insolvency regime. Debt collection procedures are also found in the Companies Code,
although in many instances they are not effectively employed. There is no legislation on
individual bankruptcies. As mentioned, employee grievances are normally addressed
through the CHRAJ. Creditors and suppliers seek redress through the RGD, courts or
other alternative dispute mechanisms. In most cases, mechanisms for redress are lengthy
and time and resource consuming.
78. At present, consumer rights are enforced through laws such as the Contracts Law, the
Sale of Goods Act and the Food and Drugs Law, which establish minimum conditions
of sale requirements, including standards for labelling and production. Consumers have
the right to seek redress from the judicial system, including using the courts to compel
statutory agencies to carry out their enforcement mandates. However, there is a need for
consumer-specific legislation for Ghana. A Consumer Protection Bill has been drafted
but has not been tabled in Parliament. The bill would provide a harmonised
compensation scheme for consumers in the case of harmful or defective goods and
services. The bill also seeks the establishment of an independent body, the National
Consumer Council, as well as a Commissioner for Consumer Affairs, and regional and
district level consumer affairs councils, arbitration committees and small-claims courts.
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