Wednesday, January 26, 2011

A 6 Year-Old Alleged Sexual Molester

Dear Reader,

This is a not-so-straightforward one.  Sexual molestation or assault by violating the victim’s body in a manner not amounting to rape or defilement or buggery is a criminal offence under the fancy name Indecent Assault.

The law deems anybody below the age of 12 as incapable of committing any crime including Indecent Assault. That is why the minimum age for putting child offenders in an institution is 12.

However, there are rules of punishment in society for all ages.

First, the school (by its rules) should be able to punish a 6 year-old who is described as a repeat or habitual offender by calling in his parents and/or suspending and/or expelling him. What influences is the boy being subjected to at home? What is he watching around him – in real life or on TV?

If the school will not take action, it can be sued because it is responsible for every child and their behaviour towards other children during school hours.

Even if the child is expelled, there must be something showing that the child has this problem; otherwise it will merely be repeated in another school.

Such a child needs help, but while he is getting help, other children must be protected from him.

Thursday, January 20, 2011

Commuting Leave to Cash

Dear Reader,

1. To answer the question "Can you do it?", simply, No!

2. The Labour Act says an agreement to forgo leave is void.

3. The legal provision might appear indirect, but taking cash surely means forgoing leave, no?

4. If a person is leaving the employment, then outstanding leave can be commuted and added to entitlements.

Friday, January 14, 2011

Official Website of the Ghana School of Law

Dear Reader,

I doubt that it is updated regularly. But please click here.

Monday, January 10, 2011

UG Law v KNUST Law

The Faculty of Law at the UG has long been established as a very good law school. It has the best law library in the country (and that includes all libraries, including the Supreme Court library) and beyond. Most indicators would probably judge this to be the best faculty in Ghana.

I know a couple of lecturers from the Faculty of Law at KNUST. I know many lawyers and law students who have passed through this young faculty. Many of them are exceedingly fine legal brains.

I am tempted to think that the students from KNUST just about win it, judging from perceived performance at the Ghana School of Law. These are however only my personal views. Further, I think the KNUST students win by reason of youthfulness, and nothing else.

Friday, January 7, 2011

Application Period for the Faculty of Law at UG, Legon

Dear Reader,

The Faculty of Law, UG, usually puts out application forms for sale from the end of January through February. In lucky years, it is even extended.

If I hear about the actual date for this year, I will let you know in this space.

Good luck.

Tuesday, January 4, 2011

The Paths to Law after High School

Dear Reader,

There are different paths to law, if you are studying in Ghana. We will refer to the law degree as the LLB.

A) Doing a law degree as an undergraduate.

B) Doing a non-law degree as an undergraduate, and then doing a second degree in law. (This second degree is not a post-graduate degree.

Both A and B will lead you to the Ghana School of Law.

Let us break it down now.

A – Undergraduate Law

1. The institutions that offer this are KNUST, GIMPA and Zenith College.

2. At KNUST, it is a 4-year degree. I believe it is also 4 years at GIMPA. I believe it is 2 years at Zenith College. Zenith is probably the most flexible because you can choose a module which works for you (2, 3 or 4 years to complete).

3. Zenith College is a peculiar case. You can do their LLB with your High School qualification or with a degree. With your High School qualification, you will have to be assessed by the University of London for your suitability. Further, you can study the LLB as either a diploma (for 4 years) or a degree (2, 3 or 4 years).

4. KNUST offers a hybrid programme, really. There are some students studying law as a second degree. They complete the LLB in 3 years.

B – Non-Law Degree First

1. If you go to the University of Ghana, you will have to do some other degree first. It could be the humanities or the sciences or anything between.

2. If you get a good grade, you may write exams for entry into the Faculty of Law.

3. If you do well enough in the exams, you may be called for an interview.

4. Those who impress in the interview get admitted.

Post LLB

Whichever path you take, after you obtain the LLB, you apply to the 2-year certificate programme of the Ghana School of Law. It is becoming increasingly competitive as it now has many feeder institutions.

Timeframe

Depending on what path you choose, you could become a lawyer in 4, 5, 6, 8 or 9 years (considering national service) after you leave High School