Instructor(s)

Course Description

A comprehensive overview on secular law of Ghana relevant to Christian ministry and the business of the church. The aim of the course is to give students a practical understanding of Ghana law in order to recognize and resolve legal questions confronting pastors and churches today. The course addresses legal issues including. It will provide basic understanding of general legal principles and the application of the law, both common and statutory, to given circumstances. The reading will involve case studies. 

Course Objectives

At the conclusion of the course, the student will be able to:

1. Be familiarized with basic legal theories and principles.
2. Know and understand general legal principles that may apply to churches and clergy.
3. Identify and describe several strategies to assist churches and clergy to lower their risk of legal liability.
4. Develop the analytical skills and though process necessary to address legal issues.

Course Content

1. Ghana Legal System
2. Common Law and Statutory Law
3. Constitutional law – The Constitution of the Republic of Ghana 1992
4. Citizenship
5. Contract law – relevant aspect in church ministry
6. Corporate law: Incorporate and unincorporated church. Advantages of the corporate form or organisation – The Companies Act 1963 (Act 179); Registration of Business names Act 1962 (ACT 151); The terms charter, constitution, bylaws and resolution. The legal priorities among these terms; Legal effect of church meetings conducted in violation of a church’s bylaws.
7. Family, Matrimony and Divorce: Marriages Act, 1884-1985 CAP. 127; Three Legal forms of marriage in Ghana; Customary marriage and Divorce (Registration) Law, 1985 (PNDCL 112 (Amendment) Law, 1991; Property rights of spouses Bill; Women and children’s rights – The Children’s Act 1998, Ghana; Adoption of children in Ghana
8. Land law – Customary Land law; Land Registry Act, 1962.
9. Human Rights and Freedoms: General fundamental freedoms; Equality, Freedom from Discrimination and Fair Trial, Free speech and freedom of religion; Persons Detained under emergency law; protection of rights by the courts.
10. Clergy and the Law: Legal concept of negligence and its application to clergy and churches; Varieties of invasion of privacy and their relevance to clergy; Abuse reporting laws and consequences of a failure to report known or reasonably suspected incidents of abuse; Legal requirement clergy must follow in performing marriage ceremonies; Circumstances in which the civil court may intervene in internal church disputes; Tax law related to churches and clergy

Mode of Delivery

Through lectures, demonstrated examples, class interaction, group discussion, reading and assignments.