Did you know that it was compulsory to register a customary marriage from 1985 to 1991?

Yes, it was mandatory to register a marriage contracted under customary law from 1985 until the Marriage and Divorce (Registration) Amendment Law 1991 (PNDCL 263) amended it to make it optional. In section 1 of PNDCL 263 it states that, “on the commencement of this Act, a marriage contracted under customary law before or after the commencement may be registered in accordance with this Act.3(3)”

This means that registering a marriage contracted under customary law is optional, having said that, is still valid. Marriage contracted under customary law is valid whether or not it is registered. The couple can choose to register it before or anytime after marriage.

In Today’s Friday Read, we will look at the restriction on the use of the word “bank” in the Bank and Specialized Deposit Taking Institution Act, 2016 (the “Act”).
The Act provides that only a company holding a banking license may hold itself out as a bank or use the word “bank” or any of its derivatives in any language, or any word that sounds like “bank” in the description or title under which that company or person carries on its financial services business in Ghana.
Thus, financial institutions or specialized deposit taking institution such as Savings and Loans, Microfinance, Credit Unions, Brokerage firms are prohibited under the Act to use the word “bank” or any of its derivative or make a representation to that effect in any of its letters, papers, notices, advertisement or in any other manner.
A specialized deposit-taking institution shall in all correspondence, publications and advertisement, use the full name of that specialized deposit-taking institution as stated on the license issued by the Bank of Ghana.
It is interesting to note that the use of the word “bank” in the name of an association of banks or of employees of a bank formed for the promotion of mutual interests of its members is not be construed as a contravening the probation on the use the word “bank”.
Further to the above, it is to be noted that a specialized deposit-taking institution that is licensed as a rural or community bank may use the term “rural bank” or “community bank”.
The Bank of Ghana (“BOG”) may prescribe similar restrictions on the use of terminologies related to other classes of specialized deposit-taking institutions.
A person who contravenes this section is liable to pay to an administrative penalty of Eighteen Thousand Ghana Cedis (GHS 18,000.00) and shall be ordered by BOG to cease using the terminology, phrase or word that contravenes the above stated prohibition.

In Today’s Friday Read, we will look at the meaning of “Domestic Violence” in the Domestic Violence Act, 2007 ACT 732 (“the Act”). This is part I of the domestic violence Series.
The Act provides a framework in regards to the protection from domestic violence particularly for women and children, it does not however mean that Men are excluded.

Domestic Violence is considered under two main categories under the Act:

Physical abuse which is defined to include:

physical abuse, namely physical assault or use of physical force against another person including the forcible confinement or detention of another person and the deprivation of another person of access to adequate food, water, clothing, shelter, rest, or subjecting another person to torture or other cruel, inhuman or degrading treatment or punishment.
Thus, physical abuse is anything associated with physical abuse, or any specific act/s that could result in harming an individual.

Emotional abuse which includes:
(iv) emotional, verbal or psychological abuse namely any conduct that makes another person feel constantly unhappy, miserable, humiliated, ridiculed, afraid, jittery or depressed or to feel inadequate or worthless;

It is therefore worthy to note that verbal abuse such as name calling, condescension, degradation, manipulation, blame and etc can also be considered as domestic violence.
A person who contravenes this section is punishable by criminal proceedings.

The International Convention on Civil and Political Rights (ICCPR) enjoins States to take appropriate steps to guarantee equality of spouses (including women) during marriage and at its dissolution.

Also, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) set out in clear terms provisions to prohibit discrimination against women. The CEDAW for instance calls on States to ensure the protection of women in respect of the acquisition, ownership, management, administration, enjoyment and disposition of property.

Further the African Charter on Human and People’s Rights (ACHPR) on the rights of women in Africa also provides that women and men shall have the right to an equitable distribution of joint property deriving from the marriage during separation or divorce.

The 1992 Constitution of the Republic of Ghana also emphasize the protection of women. The Constitution makes provisions for prohibition of discrimination on the basis of gender including women. Its also says that spouses have equal access to properties jointly acquired during marriage and further states that property acquired during marriage shall be distributed equitably during the dissolution of the marriage.

In Today’s Friday Read, we will be looking at the meaning of “Granting of Bail” in the Criminal Procedure Code, 1960 (Act 30) (“the Act”).
In simple terms, granting of bail is the process by which a person is released from legal custody. However, for bail to be granted, the accused person undertakes that he or she would be available at such date and time that the court would request for their presence.
One would ask, who grant bail?
Section 96 of the Criminal Procedure Code, 1960 (Act 30) provides an extensive explanation on the concept of Granting of Bail.

1. Subject to this section, a Court may grant bail to a person who appears or is brought before it on a process or after being arrested without warrant, and who

a) is prepared at any time or at any stage of the proceedings or after conviction pending an appeal to give bail, and;
b) enters into a bond in the prescribed manner with or without sureties, conditioned for that person’s appearance before that Court or any other Court at the time and place mentioned in the bond.

2. Despite anything in subsection (1) or in section 15, but subject to this section, the High Court or a Circuit Court may direct that a person be admitted to bail or that the bail required by a District Court or police officer be reduced, although subsection (1) or section 15 provides otherwise.

It is therefore worthy to note that a Court shall not withhold or withdraw bail merely as a punishment.