Thesis

Deconstructing the nature of Ghana’s third sector regulatory regime : effect of history, constitution and policy framework

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Awarding institution
  • University of Strathclyde
Date of award
  • 2026
Thesis identifier
  • T18218
Person Identifier (Local)
  • 202089669
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Abstract
  • Ghana is lauded for its vibrant third sector, which is responsible for development, political activism, and social contributions. The sector evolved from pre-colonial self-help initiatives within ethnic- and tribal-based decentralised governance systems. It comprises traditional associations, community-based organisations, religious and churchrelated bodies, and modern voluntary organisations like NGOs. The number of organisations reportedly exceeds 300,000. The organisations operate freely, as afforded by Article 21(1)(e) of the 1992 Constitution, which guarantees freedom of association. However, this unconstrained practice has also resulted in adverse impacts, including underdevelopment, exploitation and deficiencies in service delivery. Such adverse effects are possible due to the sector’s weak legal system and regulatory regime, which are enabled primarily by the absence of sector-specific legislation. Consequently, in 2018 and 2020, Ghana was placed on the Financial Action Task Force’s (FATF) grey list and blacklist, and on the European Union’s list of high-risk jurisdictions with strategic deficiencies in its Anti-Money Laundering/Countering the Financing of Terrorism regime. Legal reform was recommended, but in response, the Government introduced the National Non-Profit Organisation Policy 2020 (2020 Policy) instead of legislation. A key reason for this was the prior failure of legislative attempts due to sector protests. When examined, the protests were due to fear of suppression, a desire to co-create regulation and preserve sector autonomy. Therefore, the research’s central thesis was that the sector’s historical governance and the 1992 Constitution make it politically and legally challenging to enact sector legislation. To test the thesis, the study employed a doctrinal legal research method, incorporating historical and reform approaches. Findings from Ghana’s historical governance showed what the research terms a regulatory power dynamic, where both Government and sector actors have regulatory power and must agree for reform to be successful. This accounts for the absence of legislation and the presence of the 2020 Policy. Ghana’s Constitutional jurisprudence showed that the Supreme Court interprets fundamental freedoms broadly and as inalienable, except where the Constitution impose direct limitations. Of the three possible limitations identified, the Supreme Court’s literal interpretation approach of Constitutional limitations only makes Article 12(2) [public interest] a viable ground to limit the freedom of association. However, caselaw showed the judicial threshold in attaching limitations on fundamental freedoms on public interest grounds to be high. Even when legislation is agreed by the Government and sector actors, it may be struck down by the Court as unconstitutional. Therefore, the Constitution fails to appropriately strike a strong balance between the freedom of association and limitations, giving sector actors unfettered autonomy. The 2020 Policy, therefore, becomes a rational choice that helps provide regulatory reform. Analysis of its framework showed governing rules that provide a definition, coordination provisions, oversight regime and a regulator, thereby addressing some of the regulatory gaps in the system. However, these same strengths are also the Policy’s weakness. Respectively, the Policy’s oversight rules and its nature as a policy make its Constitutional standing and political sustainability precarious. Additionally, the effectiveness of its coordination in transparency and accountability mechanisms was found to be weak, thereby further perpetuating regulatory gaps. Therefore, a deconstruction of Ghana’s third-sector regulation regime found that it lacks sector legislation, as facilitated by the 1992 Constitution and historical governance. This, in turn, explains the presence of the 2020 Policy, whose provisions are inadequate and necessitate reforms, including a purposive interpretation of Constitutional limitations, stronger oversight mechanisms, and an independent regulator. Ultimately, this analysis of the sector’s regulatory regime through a historical, Constitutional, and policy perspective is the first of its kind in Ghana. It also adds to the wider academic debate on third-sector regulation in the Global South and on the difficulties that codified Constitutional jurisdictions encounter in balancing freedoms with restrictions.
Advisor / supervisor
  • Switzer, Stephanie
  • McCorkindale, Christopher
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