Ghana has a robust legal framework governing education, aimed at ensuring access to quality education and regulating the sector.

The Education Act, 2008 (Act 778) is a comprehensive law that restructures the education service, outlining the responsibilities of the Ghana Education Service.

As such, this act provides for the establishment of a decentralized education system, with an emphasis on community involvement and participation.

The Ghana Education Service Act, 1995 (Act 506) establishes the Ghana Education Service and defines its mandate, including the provision of education services, teacher training, and education infrastructure development.

Consequently, this act ensures the effective management and administration of the education sector.

Furthermore, the Education Regulatory Bill, 2018 aims to establish regulatory bodies to oversee the education sector, ensuring quality and standards in education delivery.

Accordingly, this bill seeks to address issues of quality, accreditation, and standards in educational institutions.

Most importantly, the Constitution of Ghana, 1992, article 190 provides for the establishment of the education service, emphasizing the importance of education in national development.

As a result, this constitutional provision underscores the government’s commitment to education as a fundamental right.

Thus, it is evident that Ghana’s existing legislation provides a solid foundation for delivering high-quality education, rendering the Majority Leader’s appeal for further legislation to support free SHS redundant.

The focus should shift to effective implementation and enforcement of current laws to ensure the country’s education system reaches its full potential.

According to the Ranking Member on Parliament’s Education Committee, Peter Nortsu-Kotoe, the government’s proposal to lay a bill on Free SHS before Parliament is unnecessary.

Peter Nortsu-Kotoe pointed out that the constitution mandates the progressive provision of free secondary education, encompassing all forms, including technical and vocational, as stipulated in Act 25 (1b).

He noted that the NDC had already initiated this process in 2015, highlighting its commitment to ensuring accessible and free education for all.

“So, for this government to have come to office and implemented it as they wanted, I don’t think any Ghanaian has a problem with that. For me, enacting a law as to protect it or whatever is neither here nor there.”

“As a committee on education, we have asked the previous minister and the current one that we want to see a Free Senior High School policy or document and for seven to eight years now we have not been able to provide the committee with the policy document. If you don’t even have a policy on what basis are you going to pass the law?”
Peter Nortsu-Kotoe

Government’s Priorities Misplaced, Says Carbonu

Furthermore, the President of the National Association of Graduate Teachers (NAGRAT), Angel Carbonu expressed puzzlement over the Majority’s unexpected enthusiasm for legislation on the Free SHS program, failing to see the justification for such a move.

Mr. Carbonu stressed that the government has more pressing priorities, such as enhancing the policy’s efficacy, rather than devoting resources to legislation.

“I have not heard anybody, civil society, media, unions, political organization, I have not heard anybody condemning the Free Senior High School and I have also not heard anybody boldly come to say that the Free Senior High School should be abolished. What I have heard people say is to critique the functionality of the program as it is now and question whether resources are adequately and timeously being sent to the institutions for effective teaching and learning to take place”.
Angel Carbonu

He emphasized that the key step is to pinpoint the specific obstacles hindering the effective implementation of the Free Senior High School program.

Carbonu highlighted that a significant obstacle is an imbalance in resource allocation, where a disproportionate amount is spent on feeding, compared to the provision of essential infrastructure, teaching materials, and learning resources, which are crucial for creating a conducive environment for effective teaching and learning.

“And if we continue like this, we are pushing money to feed children in school and we are compromising the provision of what is necessary for the purpose for which the child is in school; that is teaching and learning”.
Angel Carbonu

In conclusion, Ghana’s legislation on education provides a solid foundation for the development of the education sector, ensuring access to quality education and regulating the sector to maintain standards.

These laws demonstrate Ghana’s commitment to education as a vital aspect of national development, hence introducing new legislation is a waste of resources that can be properly channeled into other aspects of education.