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A-G's Office working on Property Rights of Spouses Bill

Tue, 5 Dec 2006 Source: GNA

Accra, Dec. 5, GNA - The Attorney-General's Office requires further proposals to enable it complete work on the draft Property Rights of Spouses Bill.

"This has been communicated to the sponsoring Ministry, the Ministry of Women and Children's Affairs," Mr Joe Ghartey, Minster of Justice and Attorney-General (A-G) told Parliament on Tuesday. The Minister was responding to a question from Nii Amasah Namoale, NDC-Dade Kotopon, on plans to enact legislation to regulate the property rights of spouses as stipulated in Article 22, clause 2 of the 1992 Constitution.

The Constitution states that: "Parliament shall, as soon as practicable, after the coming into force of this Constitution, enact legislation regulating the property rights of spouses." The Constitution further states that in order to achieve this provision, spouses shall have equal access to property jointly acquired during marriage. It states that assets jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage.

Mr Ghartey said a draft Property Rights of Spouses Bill has been prepared by the A-G's Department, adding that the Law Reform Commission had also submitted to the A-G's office a final report on law and poverty alleviation.

"The Report incorporates some proposals with respect to property rights of spouses. The proposals, however, do not suffice for the final completion of the draft bill," the Minister said.

"The proposals required include the proposals in respect of the following: the distribution of properties between spouses when they are still living together. ....The Ministry of Women and Children's Affairs (MOWAC) is working on the request and has assured us that it will get back to the A-G's Office as soon as possible," Mr Ghartey said. Asked whether the MOWAC would not tilt the bill in the favour of women since it was working on it, the Minister said he did not think so and besides, the Bill would come before the House.

In response to another question on steps being taken to review and bring back to Parliament the Chieftaincy (Membership of Regional Houses) Instrument, 2000, L.I.1666, which was annulled by Parliament because of mistakes, the Minister said further consultations with the Regional Houses of Chiefs were taking place. He said the Ministry of Chieftaincy, the sponsoring ministry, would draft fresh instructions to the A-G's Office, and the revised instrument would be brought before Parliament soon. 5 Dec. 06

Source: GNA