Public Admin Combined
Public Admin Combined
Public Administration
Outline
• Nature and scope of Public Administration
– Definition of concepts
– The role of public administration in the state
– Public administration: an “art” or a “science”
– Public Administration versus Private Administration
– The principles of public administration
– Public administration theory
Definition of Concepts
• Public: this refers to any facility or service
provided by or owned by the state.
– Gwynedd (2016) defines “Art” as a way of grasping the world. Not merely the
physical world, which is what science attempts to do; but the whole world,
and specifically, the human world, the world of society and spiritual
experience.
• For instance, the creation of a new post, the split-up of a department into two
separate departments, or the shifting of administrative office from one place
to another, the enlargement or curtailment of powers of any officer should
carry sound reason along with them.
The Principle of Public Relations
• Public Administration is a means, and not an end in itself.
• Members of the executive are often drawn from the largest political
party in parliament, which by virtue of its majority has won an
electoral mandate to govern.
Types of Executive
• Monocephalous Executive: By its very name, monocephalous
executive refers to a situation where only one person holds the
positions of head of state and head of government. e.g. The
Presidents of Ghana and USA.
• The President
The President is the Head of the Executive. He or she is ‘Head
of State and Head of Government and Commander in-Chief of
the Armed Forces’.
The President presides over its meetings, but in his absence, his vice
presides. Appointment to the Cabinet is highly political.
Its role can be likened to the traditional practice of chieftaincy, where chiefs
are surrounded by council of elders.
This is to ensure that the rights of the citizens are not trampled upon with
impunity.
Therefore, the executive and for that matter the government, sets up a
defense ministry and make them responsible for this task.
Note that the military is made up of the Army, Navy and Air Force.
Functions of the Executive
• Quasi-legislative functions: "Quasi" is a Latin word
meaning "partly". So by the above statement, it means
the executive plays partly legislative functions.
• Also, after any bill has been passed in parliament, only the
president has the right to assent to the bill before it could
become a law. This is again a law making function.
Functions of the Executive
• Quasi-judicial functions: Like the above, the executive plays partly
judicial functions. Usually, the executive institutes Administrative
Tribunals to quietly try cases within their ministries, outside the
ordinary courts and thus public view. Most dismissals and reshuffle of
ministers are as a result of offences tried at such tribunals.
• Also, the president or the chief executive of the state is vested with
the right of prerogative of mercy, generally referred to as presidential
pardon. This allows the president to order the release of any prisoner
from jail.
The Legislature
The legislature is simply that organ of government,
which has law making as its principal function among a
number of functions in a state. It is called differently in
different countries.
The Speaker
• The highest officer of the legislative body is the Speaker.
• The Speaker ensures that debates and voting in the House are conducted in a fair
manner to protect the interest of both the majority and minority members. He or she
should maintain absolute neutrality in the discharge of his or her functions.
• When debates and voting on a bill are completed, the Speaker records the results and
signs a certificate to authorize the bill to be sent to the head of state for his or her
assent.
• It is also the responsibility of the Speaker of Parliament to see to the formation of the
appropriate committees – standing, select and ad-hoc committees of the house.
• When both the President and his or her Vice-President travel outside the country or are
unable to perform their functions the constitution gives the Speaker the power to
perform executive function as the acting President.
The Organisation and Structure of the
Legislature
Deputy Speakers
• The Speaker is assisted in his duties by two deputies - First and Second Deputies - who
are elected from either sides of the house. As a rule, the First Deputy is elected from the
majority and the Second Deputy from the minority.
• As the names suggest, the Majority leader is the leader of the party with majority seats
in the house while the Minority leader is the leader of the opposition.
• As leaders, their roles are important for effective deliberations in the house. Of particular
importance is the role of the Majority Leader. The following are some of their functions:
• In collaboration with the Speaker and the Minority Leader, ensures business of the house flows
smoothly; champions the goals of the ruling government; urges members to support or defeat
measures on the floor of the house; champions the legitimate rights and privileges of members of
the house and acts as a liaison between civil society and members of the house.
The Organisation and Structure of the
Legislature
The Whips
• The Whip is the name given to a member of the legislature
who has been appointed to organize party members in the
house. That is, he is the party organizer in parliament.
In other words, parliament must approve the national budget, that is, the
proposed revenue and expenditure by the government before it can be
put into effect.
Functions of the Legislature
• Representation of Interests: Members of the legislature are often
there to represent certain groups of people in a state. As such the
interests and wishes of the people they represent should always
be dear to them.
• The Executive hears them and eventually, these things are provided. However,
because the government cannot provide everything for all the groups at the
same time, a compromise is always found, so that every group gets one or two
of their requests at a time. This is the aggregation, which is necessary to
ensure that no single interest dominates all the others.
• To be able to remember all the things the members of parliament say on the
floor of the House, their discussions are recorded in a document called the
HANSARD, named after Thomas Curzon Hansard, who compiled parliamentary
report of the House of Commons in 1812.
Parliamentary Supremacy
• This is the exclusive and unlimited power given to the
legislature to decide on a number of activities in a
state.
• When all these are completed, the Bill is then published in the
Gazette for fourteen (14) days (in Ghana). After the 14 days, the
minister whose ministry proposed the Bill presents it to the
legislature.
• This is the first reading of the Bill. As a rule, all Public Bills are
presented by a minister on behalf of the executive.
The Stages of a Bill becoming an ACT
• Presentation stage/ first reading: This is the beginning
stage of every bill. At this stage, the minister responsible
presents the bill to the house for the first time, and the
clerk of the house reads it to the whole house. At this
stage only the
title of the bill is read out. This is because all MPs are
literates.
• When the committee finishes its work, they then submit their final
report on the Bill to the house.
• It is this report, which will be read to the house during the Second
Reading.
The Stages of a Bill becoming an ACT
• Second Reading : As mentioned earlier on, the final report of the
committee is now read to the house.
• Based on the committee's report, any member can call for the Bill to
be rejected at this stage, if the move is seconded and the vote
carried, the Bill will be rejected.
• Here, every part of the Bill is read clause - by- clause, paragraph - by-
paragraph and sentence -by-sentence, for members to accept or reject.
• Where members do not accept a portion properly, they may call for an
amendment to that portion of the Bill, or request that it be deleted
entirely. Once again, any member who is dissatisfied with the Bill can
move for its rejection at this stage.
The Stages of a Bill becoming an ACT
• Third Reading & Voting Stage: By the time the Bill gets to this stage, all the
necessary corrections have been made already. As a result, no debate or
discussion is allowed. Rather, the Bill is just read to the members, to be sure that
all the suggested corrections have been made.
• After this reading, the Bill is put to vote and if voted for, it is duly passed.
• In Ghana, after the Bill has been presented to the president, he has up to seven
(7) days to give his assent to the Bill or refuse. If he refuses his assent after the
seven days, he is obliged to give his reasons within fourteen (14) days of his
refusal.
• If he assents to it, the process ends and the Bill becomes a law.
Problems of Legislatures in Developing
Countries
• Inexperienced Members of Parliament.
• At the head of the Judiciary is the Chief Justice who is responsible for its
administration and supervision.
• The Supreme Court is the highest court of appeal in Ghana. It also has
exclusive jurisdiction over constitutional matters and has supervisory
jurisdiction over all other courts in Ghana.
Judiciary
• The Supreme Court consists of the Chief Justice and at least nine other
presidentially-appointed Justices. It is responsible for enforcing and
interpreting the constitution.
• Beneath the Supreme Court is the Appeal Court, which serves as the
appellate body for all of Ghana’s High Courts. It comprises of the chief
justice and not less than ten justices and any other justice of superior
jurisdiction as the chief justice may sign. It hears appeals on judgement from
high courts.
Judiciary
• The High court comprises of the chief justice and not less than twenty
justices and any other justice of superior jurisdiction as the chief
justice may sign. It deals with civil and criminal matter. It has divisions
like the Fast Track High Court, the Commercial Court and the Human
Rights Court.
• Each Circuit Court is presided over by a Circuit Judge. The jurisdiction of a Circuit Court includes
civil action arising under contract, recovery of small claims and cases pertaining to land law,
wills, and matters relating to the custody of children.
• The majority of cases in Ghana are handled by District Courts. Such courts have civil jurisdiction
over any personal action arising under contract and any actions related to land law, up to a
certain value.
• In criminal matters, District Courts have jurisdiction to try summarily any offence punishable by a
fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years.
• District Courts can also serve as a Juvenile Court or a Family Tribunal. The former hears any
criminal or civil matter concerning a person under the age of eighteen; the latter deals with
actions arising under the Children’s Act 1998.
Functions of the Judiciary
• Settle Disputes
The Judiciary peacefully settles disputes and disagreements
between citizens and between citizens and the state, and fine
those found guilty. They also prescribe prison terms and
sometimes death penalty for serious offences. All these are done
to ensure order in the state.
• Even though they may belong to a political party, this should however,
be kept to themselves. A judge should not openly show that he is a
CPP, NDC, NPP or any other political party member.
Limitations to Judicial Independence
• Nature Of The Political System: The political system in
a country often affects the independence of the
judiciary in that country. While Democratic countries
normally
allow the judiciary greater independence, Autocratic,
Totalitarian and Communist regimes do otherwise. In
Nigeria, after the military take over of 26th July, 1975,
the new military leaders sacked most judges without
giving reasons whatsoever. In
Ghana, during the PNDC era, three High Court Judges
and a military officer were
abducted and killed. So in most of these undemocratic
regimes, the judiciary does as
it is told. They administer laws without any question.
Limitations to Judicial Independence
• Executive Powers: This refers to the special powers that the executive
has in taking certain decisions. Examples are the right of prerogative
of mercy (presidential pardon), passing of executive instruments, etc.
Due to these powers, the executive especially in Africa, use threats,
dismissals, control of promotion and appointments, to manipulate
the judiciary. For instance, in Ghana, the 1963 referendum gave
Nkrumah immense powers such that, in 1964, he was able to dismiss
Justices Sir Arku Korsah, Van Lare and Akuffo Addo for acquitting
Tawiah Adamafio, Ako Adjei and Kofi Crabbe over subversion charges.
Another Supreme Court judge, Justice R.
S. Blay, who tried to protest against these dismissals, was also sacked
a day after.
Limitations to Judicial Independence
• Supremacy of Parliament:
• Due to the supremacy that parliaments in most countries enjoy, the judiciary is often
restricted in discharging some of their duties. For instance, in Britain, the judiciary cannot
challenge any law duly passed by parliament, because the parliament is supreme. In
Ghana, in 1957, parliament passed a law in just one day, to give immunity to the then
Minister of Interior, who was being tried for contempt of court, for trying to deport some
Moslem opposition leaders. With the passing of that law, the court became powerless
and therefore
stopped the trial.
•
• Membership of Secret Societies:
• It is believed that the oath of brotherhood of these secret societies enjoins members to
help one another. As a result, if an accused person is brought before a judge who is in the
same society with him, the judge, by their oath of brotherhood, has to rule in his favour
or reduce the punishment drastically.
The Civil and Public Service
The Civil Service
• The task of managing the affairs of the state is the business of the executive
organ of government.
• The staff of the executive branch of government can be categorized into two.
They are the politicians and administrators.
• The politicians comprise the president and his vice, ministers and their deputies,
the metropolitan, municipal and district Chief Executives (MMDCEs), presidential
staffers, special assistants and all other appointees of the president whose
assumption and exit of office depend on the success or failure of their political
parties in national elections.
Administrative Class: -
❑The administrative class is the highest, elite and the most highly paid staff of the service.
They are in close touch with the politicians.
❑They actually advise the politicians on policy choices and directions and assist them in
their formulation.
❑Among the staff of the administrative class are professionals such as doctors, surveyors,
statisticians, engineers, economists, architects, lawyers, meteorologists, chemists,
geologists, physicists and others who work in the government ministries to assist the
politicians with professional advice.
Structure of the Civil Service
The Executive Class: -
❑The Executive class is responsible for implementing (Executing) decisions
taken by government.
❑Principal and Senior Executive Offices are usually found in this class.
• Permanence: - Civil Servants are usually employed until retirement. Except for dismissals,
no civil servant can loose his position when there is a change of government. Once
appointed, he is assured of security of office and his entitlements.
• Policy formulation: The bureaucrats, through the administrative class, help the
politicians or government ministers to formulate public policies for the
administration of the state. They expose the ministers to a variety of policy
options and after a choice has been made, the servants help to formulate
policies and also give advice to the politicians.
• Policy implementation: The civil servants are also responsible for the
implementation of government policies and programme. In addition, the
service monitors and evaluates such government policies and programme
approved for implementation. It also identifies those that need to be modified
to ensure efficiency.
Functions of the Civil Service
• Information gathering for policy advice: The civil service institution collects
or gathers information and statistical data in the course of performing their
routine functions. The civil servants analyze such relevant information and
use it to advise the government for planning and administration purposes.
The personnel of the service also assist the ministers to prepare and deliver
speeches at public functions.
• In Ghana, the public service is defined to include the public or state owned
enterprises, the public services created by the Constitution.
The Public Services
• The 1992 Constitution of Ghana lists the Public Services of the country to include the following:
A.
• The Civil Service
• The Judicial Service
• The Audit Service
• The Education Service
• The Prisons Service
• The Parliamentary Service
• The Health Service
• The Statistical Service
• The National Fire Service
• The Customs, Excise and Preventive Service
• The Internal Revenue Service
• The Police Service
• The Immigration Service
• The Legal Service
B) Public corporations other than those set up as commercial ventures
C) Public services established by this Constitution
D) Such other public services as Parliament may by law prescribe.
The Distinction
• The staff of most of these institutions are not bound by the principles that
characterize the civil service.
• What can perhaps help to clarify the confusion is that civil servants render
services by offering services to politicians, while the services rendered by
the public servants are consumed directly by the public.
The Organization of Government Ministries and
Departments
• The power to administer the affairs of a state is vested in the president.
• Ministries are the biggest units of the executive branch of government, covering
broad areas of government responsibility.
• Ministries can be created to manage every aspect of national life which the
government of the day deems relevant. Ministries can be created to manage areas
such as education, energy, agriculture, industry, health, labour and employment
relations, finance and a host of others.
The Organization of Government Ministries and
Departments
• Each ministry is in charge of a defined sector of the economy and is responsible
for the determination of policy direction in the sector and the supervision of
activities in it.
• A minister may be assisted by one or two deputy ministers. The minister is the
political head of the ministry. There are also administrative heads of the
ministries. They are called Chief Directors.
The Organization of Government Ministries and
Departments
• Each ministry has its own Chief Director who supervises the routine
operations of the ministry.
• There are also offices, bureaus and desks such as the Girl Child
Education unit, Mathematics, Science and Technology Education unit,
Study-Leave unit etc.
Ministry of Education
• Some ministers are dropped as heads of ministries and therefore lose their
portfolios completely.
• Of those who survive the reshuffle, some retain their portfolios, while others are
re-assigned to new portfolios or different ministries. Others may be promoted
or elevated and some others may be demoted.
• In fact it is not easy to determine why reshuffles are carried out by heads of
government since they are not obliged to make public the reasons for effecting
such changes. However, some attempts have been made to explain some
factors that most likely influence the decisions of heads of government to
reshuffle their ministerial teams.
✓Some reshuffles are made to satisfy the interests of ethnic, regional, religious or other
groups who are thought to be under represented in government. In selecting ministers
after the inauguration of a new government, cconsideration should be given to regional,
religious, ethnic and gender balance.
The Local Government System
• Local government refers to a governing process through which residents of a
defined locality participate in the key decision-making process by determining
what their priority concerns, are and how resources should be raised for the
management of the locality.
• Local government units are created by Acts of Parliament which specify their
powers and functions.
• Even though local government units are subject to the directives and regulations
of the central government in many ways, they possess a considerable amount of
responsibility and discretionary powers.
The Local Government System
• Local government authorities are described as semi-autonomous
units or bodies by the Central Government, to undertake certain
functions within their own influence.
• The powers and functions are therefore delegated and the central
government exercises supervisory control over them.
The Structure of Local Government in Ghana
• As mentioned earlier, modern day Local Government was first
introduced in Ghana by the Local Government Act 1961. This was
followed by the PNDC Law 207 of 1988 and later, by Articles 240 to
256 of the 1992 Constitution.
❑A district assembly must have a population of not less than seventy -five
thousand (75,000) people.
❑In the case of a municipality, the inhabitants must not be less than ninety -
five thousand (95,000).
❑Two hundred and fifty thousand (250,000) for a metropolis.
Composition of the Assemblies
• A District Assembly consists of:
❖The District Chief Executive (DCE) who is nominated by the government and
approved by 2/3 majority by members of the District Assemblies.
✓He or she must report to his or her electorate the general decisions of the Assembly
and its Executive Committee and the action he or she has taken to address or solve
problems raised by the resident in his or her electoral area.
Duties of a Member of District Assembly
✓The member of the District Assembly shall attend sessions of the Assembly and
meetings of sub-committee of which he or she is a member. He or she must actively
participate in the work of the sub-committee of the Executive committee.
✓The member must devote or select at least one day in every two weeks for a
meeting with the people in his or her electoral areal who may wish to see him.
✓The member must bring to bear on any discussion in the Assembly the benefit of his
or her skill, profession, expertise, experience or specialized knowledge.
✓The member must organize and take part in communal and development activities in
the area or district.
Functions of the Assembly
• The Metropolitan, Municipal or District Assembly initiates programme
for the development of basic infrastructure and provides works and
services in the district or municipality. It thus prepares and submits to
the Regional Co-ordinating council the district’s development plan
and budget for approval.
• It ensures ready access to the courts and other tribunals in the metropolis,
municipality or district for the promotion of justice.
❖They are to enumerate and keep records of all rateable properties in areas
under their authority.
❖They are responsible for the day-to-day administration of the urban, town or
area under their jurisdiction.
The Unit Committee (UC)
The Unit Committee (UC) is the lowest and the third on the three-tier
structure of the new local Government structure. It was established to
replace the Town and Village Development Council of the previous local
government structure.
Composition
• A Unit Committee is made up of fifteen persons ordinarily resident in the
unit.
• A member of a unit committee shall hold office for four years and shall be
eligible for re-election or re-appointment as the case may be.
Functions of the Unit Committee
❖They assist any person authorized by the Assembly to collect revenue due the
Assembly.
❖They also help to protect the environment by taking measures to prevent and control
fire outbreaks including bushfires, indiscriminate tree felling, and sand wining. In
addition, the councils plant trees to further protect the environment from
degradation.
❖They also perform such other functions as may be delegated to them by the Assembly.
The Functions of Local Government
The local government units or local authorities perform a wide range of functions in a
state. For the sake of clarity and convenience they have been grouped under social,
environmental, economic, political and legal functions.
Social Functions
• One basic function performed by local government bodies is the provision of social
amenities. Local authorities provide essential services like schools, health posts and
clinics, public places of convenience, street lighting and drainage systems, portable
water and streets.
• They also provide recreational and welfare facilities like football fields, recreational
grounds, public parks and community and social centres in areas under their
jurisdiction. It is also maintains public amenities.
• Naming of streets and avenues as well as the numbering of houses also falls within the
ambit of the local authorities.
The Functions of Local Government
Environmental Functions
• Local government units undertake projects and programmes to keep the
environment safe. They collect and manage refuse, provide good sewage
and drainage systems, plant trees and grow grass to protect the
environment from degradation. They as well, take measures to protect the
environment from being degraded through unscrupulous activities like
sand winning, over grazing, bush burning and indiscriminate tree felling.
• They are also responsible for planning the layout of towns and villages
under their management unit and also undertake beautification projects in
the areas of their operation.
The Functions of Local Government
Economic Function
• Local authorities cannot function effectively and efficiently without sound
financial base. To this end, they engage in some economic activities at the
local level to generate revenue and to boost economic development.
• They, for instance, construct and maintain markets, market stalls, and lorry
parks and collect tolls for their use.
• The bodies also collect various forms of taxes such basic rates, market and
lorry park tolls, property tax and artisan fees among others to undertake
development project.
Advantages of Local Government
Many reasons have been assigned for the establishment of local government
authorities. The following are therefore some of them:
✓It promotes participation at the local level. Political participation at all
levels of the administrative structure, is very crucial for a sustained
development. Local government authorities are therefore, established to
bring as many people as possible into the decision making process, either
directly or indirectly. This makes them feel they are part of the system, and
are therefore prepared to contribute towards its success.
• Grants from the central government. Grants to local authorities have therefore,
increased at a faster rate, and in consequence of this they are made highly
dependent on the central government.
• Rates and tolls. Local authorities also obtain revenue by collecting taxes in the
form of rates and tolls from its inhabitants. The popular example is the poll tax.
E.g. Property rates, market tolls etc.
Sources of Revenue for Local Authorities
• Court fines. Customary courts that operate at the local level impose fines
on cases that come before them.
• Service charges. Charges for services provided may also form another
source of income for local authorities. For instance, fees from licenses of
bicycles, drinking bar operators, land permits are all sources of revenue for
local government authorities.
Problems of Local Authorities
• Inadequate funds: The first major problem of local authorities is
inadequate funds. The grants given by the central government are
inadequate. Apart from that, the Assemblies are unable to generate
enough local revenue for development. Many people in the urban areas
especially, refuse to pay their basic rates, because of the notion that
monies collected are not put to good use.
• Many people operate as leaders without their role ever being clearly
established or defined, however the roles of management are clearly
defined.
• The Solo Leader: This type of leader enjoys free range, and
rules almost absolutely.
• These are:
– Forces in the leader
– Forces in the followers
– Forces in the situation
Main Forces In Deciding Type Of
Leadership
• Forces in the leader: The leader’s behaviour will be
influenced by their own personalities, backgrounds,
knowledge and experiences.
• Optimistic: We all want to work with and for people who lift us
up into the clouds instead of dragging us down into the mud.
Once you have all the information you need to make an informed
decision, then don’t hesitate--make it.
And once you make a decision, then stick with it unless there is a
particularly compelling reason for you to change it.