A Call For Urgent Amendment Of The Zongo Development Fund Act, 2017 (act 964)

The Zongo Development Fund Act, 2017 (Act 964) was enacted with a noble and timely objective: to provide financial resources to transform the social and economic conditions of Zongo communities across Ghana. Nearly a decade after its passage, however, practical realities and structural gaps within the Act demand an urgent review and amendment to ensure that its benefits are equitably distributed across the country, rather than overly centralized in Accra.

At the heart of the matter is the growing disconnect between the Act's legal framework and the current institutional realities of governance in Ghana.

1. Institutional Vacuum and Legal Ambiguity

Section 3 of the Act makes the Fund accountable to the Minister responsible for Zongo Development. Furthermore, Section 7 provides for representation from the Ministry responsible for Zongo Development on the Governing Board. However, with the dissolution of the Ministry of Zongo and Inner-City Development, a critical legal and administrative vacuum has emerged.

This development raises fundamental questions about the legality and legitimacy of decisions currently being taken by the Chief Executive Officer and the Board. Without a legally recognized supervising ministry, the chain of accountability established under the Act is effectively broken. This situation risks rendering certain administrative decisions ultra vires (beyond legal authority), thereby undermining transparency, accountability, and public trust.

To address this, the Act must be amended to:

• Clearly reassign oversight responsibility to an existing ministry or create a legally recognized supervisory structure.

• Redefine the composition of the Board to reflect current institutional arrangements.

Provide transitional provisions that validate or regularize decisions taken in the absence of the original ministry.

Failure to address this gap exposes the Fund to legal challenges and weakens its operational credibility.

2. Over-Centralization and the Accra Bias

Section 4 of the Act establishes the head office of the Fund in Accra and permits the opening of branches only “where it considers necessary” and subject to ministerial approval. While this provision may have been administratively convenient at the time of enactment, it has inadvertently entrenched an Accra-centric approach to the management and disbursement of the Fund.

Zongo communities are not limited to Accra. They are spread across all regions of Ghana, including underserved and remote areas where development needs are often more acute. The discretionary nature of establishing branches has resulted in uneven access to the Fund, with many communities effectively excluded from its benefits.

To ensure equitable national impact, the Act must be amended to:

• Make the establishment of Regional Offices mandatory in all regions of Ghana.

• Provide for District-Level Offices or focal persons to facilitate grassroots access.

• Decentralize application, approval, and monitoring processes to enhance efficiency and inclusiveness.

Such structural decentralization will not only improve access but also enhance local participation, accountability, and responsiveness to community-specific needs.

3. Strengthening National Inclusivity and Equity

The original intent of the Fund, as stated in Section 2, is to support infrastructure, education, local businesses, and social protection within Zongo communities. However, without deliberate institutional mechanisms to ensure nationwide reach, this objective remains only partially fulfilled.

An amended Act should therefore:

• Introduce clear quotas or allocation formulas to ensure fair regional distribution of funds.
• Mandate periodic reporting on regional disbursement to promote transparency.

Encourage partnerships with local authorities and traditional leaders at the regional and district levels.

Conclusion
The Zongo Development Fund remains a powerful instrument for social transformation. However, laws must evolve with changing governance realities and development needs. The dissolution of the Ministry of Zongo Affairs and the over-centralization of the Fund’s operations have created structural and legal challenges that can no longer be ignored.

Amending Act 964 is not merely a technical exercise, it is a moral and developmental imperative. It is about restoring legality, ensuring fairness, and fulfilling the original promise of the Fund to all Zongo communities, from Accra to the most remote corners of the nation.

A truly national fund must serve the entire nation.

BY
Dawda Mohammed Kakale
Journalist-Takaoradi
[email protected]