LEGAL SERVICE ACT - 1993 (PNDCL 320)
(1) There is hereby established a Legal Service (hereafter referred to as "the Service") which shall form part of the Public Services of Ghana.
(2) The Service comprises all lawyers in the Attorney-General's Department holding the posts specified in the First Schedule to this Law and such other administrative and supportive personnel as the Council may direct.
(3) Lawyers referred to in subsection (2) of this section are lawyers appointed to posts in Category "A", "B" or "C" specified in the First Schedule to this Law.
(4) Members of the Service shall be appointed by the President in accordance with the advice of the Board given in consultation with the Public Services Commission.
(5) The President may in accordance with article 195 (2) of the Constitution delegate the power of appointment vested in him under subsection (4) of this section.[As substituted by the Legal Service (Amendment) Act, 1994 ( Act 487), s.(a)]
The President may on the advice of the Board by legislative instrument-
(a) create such other Divisions and establish such other posts as may be specified therein;
(b) amend the Schedule to the Law;
(2) Where an instrument is issued under subsection (1) of this section, a reference to the Attorney-General or an officer of the Attorney-General's Department in any enactment in existence immediately before the coming into force of the instrument, shall be construed and adapted with such modifications as may be necessary to give effect to the provisions of the instrument. [As substituted by Legal Service (Amendment) Act, 1994 (Act 487), s.(b)]
(1) The Solicitor-General shall be the administrative head of the Service.
(2) The Solicitor-General shall-
(a) in the absence of both the Attorney-General and Deputy Attorney-General perform the functions of the Attorney-General;
(b) subject to such directions as may be given by the Attorney-General, supervise and co-ordinate the work of all divisions of the Attorney-General's Department and of members of the Service; and
(c) perform such functions as may be assigned to him by the Attorney-General.
The salaries and benefits attached to posts in the Service shall be the same as those applicable to posts in the Judiciary and the Judicial Service requiring equivalent professional experience and for the removal of doubt but subject to sections 6 and 7 of this Law, the conditions of service relative to the posts listed in column I of the Second Schedule to this Law shall be the same as those of the corresponding Justice of the Superior Court of Judicature and other persons holding the judicial offices listed in column III of that Schedule.
(1) The governing body of the Service shall be the Legal Service Board (hereafter referred to as "the Board").
(2) The Board shall consist of-
(a) the Attorney-General, who shall be the Chairman;
(b) the Deputy Attorney-General;
(c) the Solicitor-General;
(d) a Justice of the Superior Court of Judicature nominated by the Chief Justice;
(e) the chairman of the Public Services Commission or his representative;
(f) a representative of the Ghana Bar Association; and
(g) two other persons appointed by the Council.
(1) The Board shall-
(a) advise the Council on all matters connected with the structure and conduct of the affairs of the Service and in particular, in relation to the recruitment, appointment, promotion, discipline, dismissal and other conditions of service of officers in the Service; and
(b) perform such other functions as the Council may direct.
(2) [Deleted by Legal Service (Amendment) Act, 1994 (Act 487), s.(c)]
(3) [Deleted by Legal Service (Amendment) Act, 1994 (Act 487), s.(c)]
(4) The Council may delegate to the Board the appointment of such grades of administrative and supporting staff as it may direct.
(5) All legal officers for employment in the public services shall before their employment be interviewed by the Board.
(1) The Board shall meet at such times and places as the Chairman may determine but shall meet at least once every three months.
(2) At every meeting of the Board at which he is present, the Chairman shall preside, and in his absence the Deputy Attorney-General shall preside, and in the absence of both the Attorney-General and the Deputy Attorney-General the members shall elect one of their number present to preside.
(3) The quorum of every meeting of the Board shall be five.
(4) The validity of proceedings of the Board shall not be affected by any vacancy in its membership or any defect in the appointment of any member.
(5) Subject to the provisions of this Law, the Board shall regulate its own procedure.
(1) There shall be a secretary to the Board who shall be nominated by the Attorney-General after consultation with the Head of the Civil Service.
(2) The Secretary shall, subject to the directions of the Board-
(a) arrange the business for and cause to be recorded and kept the minutes of all meetings of the Board; and
(b) perform any other duties in relation to the functions of the Board as the Board may direct.
Until provision is made by law in respect of administrative and secretarial staff for the Service, the Head of the Civil Service shall provide the Service with the services of such administrative and secretarial staff as the Service may require subject to such terms and conditions as the Head of the Civil Service and the Board may determine.
The Attorney-General may on the recommendations of the Board by legislative instrument make regulations providing for-
(a) procedure governing the exercise by the Board of its functions;
(b) filling of vacancies in the Service;
(c) matters relating to misconduct of officers, disciplinary proceedings and penalties;
(d) method of leaving the Service; and
(e) conditions and terms of service in respect of the administrative and supporting staff of the Service;
(f) matters for giving full effect to the provisions of this Law.
(1) Section 40 of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (PNDCL 42) is hereby repealed.
(2) The Legal Service Regulations 1983 (LI 1288) and the Legal Service, (Amendment) Regulations, 1987 (LI 1342) are hereby revoked.
LEGAL SERVICE POSTS
Director of Public Prosecutions
Director of Legislative Drafting
Registrar-General who is a lawyer
Chief State Attorney
Principal State Attorney
Senior State Attorney
Assistant State Attorney
(Sections 4 and 5)
LEGAL SERVICE POSTS AND EQUIVALENT JUDICIAL SERVICE POSTS
Legal Service Posts Number of Years Standing as a Lawyer
Judiciary or Judicial Service Posts Number of Years Standing as a Lawyer
Solicitor-General, Director of Public} Prosecutions, Director of Legislative} Drafting, Registrar-General }
12 Justice of the Court of Appeal 12
Chief State Attorney .. .. 10 Justice of the High Court 10
Principal State Attorney }
Senior State Attorney } 5 Circuit Court Judge 5
State Attorney .. .. .. 3 District Magistrate Grade I .. .. .. 3
Assistant State Attorney .. Nil District Magistrate Grade II .. .. .. Nil
JERRY JOHN RAWLINGS
Chairman of the Provisional National Defence Council
Date of Gazette Notification: 5th March, 1993.