Complete document: Bill 2019 on vigilance and related offenses

General News on Thursday, April 11, 2019

Source: Myjoyonline.com

2019-04-11

BILL OF 2019 ON VIGILANTISM AND RELATED INFRACTIONS

MEMORANDUM

The purpose of the bill is to dissolve party supporters' groups and to ban acts of vigilance in the country.

The recent elections, including the by-elections held in the Fourth Republic, were characterized by violence, particularly in the following constituencies: Akwatia, Atiwa, Chereponi, Talensi, Amenfi West and more recently Ayawaso West Wuogon.

The unfortunate incidents of political and political violence have led to the formation, organization and promotion of badociated "vigilante" groups linked to or affiliated with political parties in the country. These self-defense groups present themselves at public elections or political party events for the sole purpose of ensuring the security of the elections and the activities of political parties.

The phenomenon of political violence threatens nascent democracy and the rule of law in Ghana. Following the partial election of Ayawaso West Wuogon, on January 31, 2019, the public expressed a general revulsion and condemnation. The President of the Republic therefore decided to appoint an inquiry commission, one week after the unfortunate event, to investigate the elements that led to these events and to make recommendations. While the commission of inquiry was still sitting, the president, in his message on the state of the nation, pronounced on February 21, 2019, encouraged the leaders of the two main political parties, namely the new patriotic party and the National Democratic Congress. , to come together to put an end to this phenomenon of vigilance of the political parties. The president also pointed out that if the voluntary dismantling of the two main political parties was not feasible, he would then propose legislation on the dismantling of the self-defense groups of political parties.

The increased use of the ground guards and the resulting violence across the country is another worrying phenomenon that threatens the right to property, life and liberty. There have been innumerable cases where homeowners have been bullied because of the use of land guards by some citizens. In other cases, there have been deaths.

It is therefore necessary to prohibit the use of ground guards in this country. While prohibiting the use of ground guards, the bill recognizes the right of the owner to protect the property with justifiable force.

The bill also takes into account the need to ensure that citizens are not deterred from coming together to protect the lives and property of their neighborhood or community, as well as to prevent the commission of crimes.

The bill creates offenses specific to the self-defense groups of political parties, the phenomenon of the guards of the territory and other acts of vigilance.

The clause t defines the scope of the bill. The bill applies to a person who participates in the activities of a self-defense group badociated with, related to, affiliated with or affiliated with a political party, a political party leader, a member of a political party, a person acting as guard of the territory and to a person. who engages in other acts of vigilance.

The clause also provides for persons to whom the bill does not apply. It is a group of two or more people who live in the same neighborhood or community and act in concert to prevent the commission of an offense in that neighborhood or community or in any other community. neighborhood or community and a person who, having attended the commission of an offense, acts for the sole purpose of preventing the commission of that offense or any other offense. Clause 2 provides for the dissolution of vigilante groups of political parties. The leader of a political party supporter group is required to inform the Minister, by written notice, of the official dissolution of the political party supporters' group within one month of the effective date of the law Project. The notification must include the date of the official dissolution and the names of past and present members of the supporters' group of the dissolved political parties.

Failure to comply with the requirements of the notice constitutes an offense under the bill punishable by a term of imprisonment of not less than five years and not more than fifteen years. Under this clause, the Minister is required to publish in the Gazette a list of supporters' groups of dissolved political parties within three months of the coming into force of the bill.

Article 3 prohibits the formation, organization, operation or promotion of the training, organization, operation or activities of a group of supporters of a particular party. political party. The clause further prohibits membership of a party's self-defense group and its participation in the activities of a self-defense party of a political party. Participation in the activities of a group of partisans of political parties with an offensive weapon is an offense under the bill whose sentence is a sentence of imprisonment for at least ten years and the same. not more than twenty-five years old. Article 4 prohibits the activities of complicity of a group of supporters of political parties. The punishment for the offense is a term of imprisonment of at least five years and not more than fifteen years.

Article 5 prohibits funding a group of political party vigils under Article 5. The funding of a group of political party vigils means providing or making available funds or any other good for financing or facilitating the organization, operation or activities of a group of political party vigils.

Under section 6, a person is prohibited from facilitating, organizing or promoting the organization of land guards for the purpose of protecting or protecting land or property or property. Hire a guard to protect or protect the property of that person or any other person. Article 7 prohibits other acts of vigilance. It is forbidden for a person to form, organize or promote the organization of a self-defense group, to register as a member of a group to self – defense or to act as a member of a self – defense group.

Article 8 authorizes the Minister to issue an executive instrument to broaden the list of prohibited activities considered to be partisan group activities of political parties.

Section 9 authorizes the Minister to make the regulations necessary for the effective implementation of the bill.

Clause 10 deals with the interpretation of the words and phrases used in the bill.

Section

BILL OF 2019 ON VIGILANTISM AND RELATED INFRACTIONS

DISPOSITION OF SECTIONS

Preliminary

1. application

Political Group Vigilante

2. Dissolution of self-defense groups of political parties

3. Group of political parties

4. Assist and encourage the activities of the party supporters' group

5. Financing a group of political parties

Vigilance

6. Prohibition of activities of the ground guards

7. Other acts of vigilance

Various provisions

8. Power of the Minister to prohibit the activities of self-defense groups

9. Regulation

10. interpretation

Program

THE ACT OF 2019 ON THE LAWS OF VIGILANTISM AND RELATED INFRACTIONS

Act to dissolve the vigilante groups of political parties; prohibit acts of vigilance in the country and settle related issues.

ADOPTED by Parliament and approved by the Chair:

Preliminary

Application I

(1) This Act applies to

a) a person who participates in the activities of a self-defense group badociated with, related to, affiliated with or affiliated with a group

(i) political party,

(ii) political party officer, or

(iii) member of a political party;

(b) a person acting as a land guard; and

(c) a person who is engaged in other acts of vigilance.

(2) This Act does not apply

(a) persons who live in the same neighborhood or in the same community and who act in concert to prevent an offense from being committed in that neighborhood or community; and

(b) a person who has witnessed the commission of an offense is acting solely for the purpose of preventing the commission of that offense or any other offense.

(3) This law shall be read in conjunction with the relevant texts and in particular the Criminal Offenses Act 1960 (Law 29).

Vigilant political parties Dissolution of political party supporter groups 2. (1) All political party supporter groups that existed prior to the coming into force of this Act, including the groups listed in the Act. annex, are dissolved.

(2) Despite subsection (1), the leaders of the dissolved self-defense party groups shall, within one month after the coming into force of this Act, give written notice of the Minister of formal dissolution of their party groups of self-defense.

(3) The notice referred to in subsection (2) shall indicate the date of the official dissolution and the names of the current and former members of the supporters' group of the dissolved political parties.

(4) The Minister shall publish in the Official Gazette, within three months after the coming into force of this Act, a list of the dismissed political party groups that have complied with subsections (2) and (3).

(5) The leader of a group of dissolved political parties who fails to comply with subsections (2) and (3) is guilty of an offense and liable on summary conviction to a term of imprisonment of not less than five years and maximum of fifteen years. years.

Prohibition of militant group of political parties 3. (1) No person shall directly or indirectly constitute, organize, operate or promote the training, organization, operation or activities of a activist group of political parties.

(2) Every person who contravenes subsection (1) is guilty of an offense and liable on summary conviction to imprisonment for a term of not less than five years and not more than fifteen years.

(3) A person must not

(a) join as a member of a group of political party supporters; (b) participate in the activity of a group of supporters of political parties; or (c) act as a member of a self-defense group of a political party.

(4) Every person who contravenes subsection (3) is guilty of an offense and liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.

(5) Despite a provision of any enactment, a person who, armed with an offensive weapon, participates in the activity of a group of self-defense political parties commits a crime and is liable, on the basis of summary conviction, to a term of imprisonment of not less than 10 years and not more than 25 years.

Assist and encourage the activities of the self-defense group of political parties

4 (1) No person shall

a) directly or indirectly,

(i) to incite,

(ii) order,

(iii) advice,

(iv) procure,

(v) solicit, or

(b) in any other way by design

(i) help,

(ii) facilitate,

iii) encourage or

(iv) promote, whether by personal act, presence or otherwise, or

(c) do an act for the purpose of

(i) help,

(ii) facilitate,

(iii) encouraging, or

(iv) promote

activities of the militant group of political parties.

(2) Every person who contravenes subsection (1) is guilty of an offense and liable on summary conviction to imprisonment for a term of not less than five years and not more than fifteen years.

(3) A person who, knowingly or having reason to believe that another person is a member of a party of justices or political parties or participates in the activity of a group of political parties vigilante, must not help, conceal or harbor this other person, in order to allow the person to avoid a lawful arrest

(4) Every person who contravenes subsection (3) is guilty of an offense and liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.

Financing of a group of political parties

5. (1) No person shall directly or indirectly provide or make available money or any other property for the purpose of financing or facilitating the organization, operation or activity of the corporation. a group of supporters of political parties.

(2) Every person who contravenes subsection (1) is guilty of an offense and liable on summary conviction to imprisonment for a term of not less than five years and not more than fifteen years.

Vigilance

Prohibition of the activities of the ground guards

6. (1) No person shall, directly or indirectly, facilitate, organize or promote the organization of land guards for the purpose of protecting or keeping land or property, whether owned by that person or to another person.

(2) Every person who contravenes subsection (1) is guilty of an offense and liable on summary conviction to imprisonment for a term of not less than five years and not more than fifteen years.

(3) Despite any provision of any enactment, a person shall not act as custodian of the territory.

(4) Every person who contravenes subsection (3) is guilty of an offense and liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.

(5) No person shall directly or indirectly engage a land guard to protect his property or the property of any other person.

(6) Every person who contravenes subsection (5) is guilty of an offense and liable on summary conviction to imprisonment for a term of not less than five years and not more than fifteen years.

(7) Despite a provision of any enactment, a person armed with an offensive weapon shall not act as a ground guard.

(8) Every person who contravenes subsection (7) is guilty of an offense and liable on summary conviction to a term of imprisonment of not less than 10 years and not more than 25 years. .

Other acts of vigilance

7. (1) Subject to the Constitution, a person shall not

(a) directly, indirectly, establish, organize or promote the organization of a self-defense group;

(b) register as a member of a self-defense group; or

(c) act as a member of a self-defense group.

(2) Every person who contravenes subsection (1) is guilty of an offense and liable on summary conviction to imprisonment for a term of not less than five years and not more than fifteen years.

Various provisions

Minister's power to prohibit the activities of political party self-defense groups

8. The Minister may, by an executive instrument, broaden the list of prohibited activities of a group of political party supporters, in accordance with section 10.

Regulations

9. The Minister may, by law, make the regulations necessary for the implementation of this Act.

Interpretation

10. In this Act, unless the context requires a different interpretation, the term "ground guard" means a person who uses violence or the threat of violence to protect or protect keep land or property belonging to that person or to another person.

"Minister" means the Minister of Justice;

"neighborhood or community includes a region, a village, a city and a district;

"offensive weapon" means an article manufactured or adapted to cause harm to a person;

"member of a political party" means a registered member of a political party;

"political party" means a free badociation or organization of persons whose purpose is to provoke the election of its candidates for public office or to seek power through the electoral process, in order to control or to influence the actions of the government;

"political party officer" includes

(a) an elected officer appointed by a political party; and

(b) a member of a committee, a unit, a department, a group and an organization of a political party;

"militant group of political parties" means a group of two or more persons acting as a militant group, bound, bound or affiliated with a political party and acting in concert for the purpose of upholding the law and order without authority and able to carry out activities that include

(a) provide protocol and security services at political party events;

(b) provide protocol and security services to a member of a political party and a political party official;

c) provide security services during public elections;

(d) provide training to provide protocol and security services

(i) to a political party,

(ii) to a member of a political party,

(iii) a political party leader, and

(iv) during public elections; and

(e) acting in a likely manner or with the intent of intimidating or preventing the electors from exercising their right to vote;

"public elections" includes elections and referendums organized under the supervision of the Electoral Commission, in accordance with Article 45 of the Constitution;

"vigilante" means a person acting for the purpose of enforcing the law and order without authority, except in accordance with Article 3 of the Constitution;

"self-defense group" means a group of two or more persons acting in concert for the purpose of enforcing the law and order without authority, except as provided in section 3 of the Constitution or in any other law; and

"vigilance" means enforcing the law and order without authority, except in cases provided for in Article 3 of the Constitution or any other law.

ANNEX (Article 2 (1))

1. The hawks

2. Invincible forces

3. Delta Force

4. Azorka Boys

5. Bamba Boys

6. Kandahar boys

7. BoIga Bulldogs