Section 49: Structure of parish/village executive committees and removal process
49.Parish and village executive committees
(1)There shall be an executive committee at each parish and village administrative unit consisting of the following—
(a)a chairperson;
(b)a vice chairperson, who shall also be secretary for children welfare;
(c)a general secretary;
(d)a secretary for information, education and mobilisation;
(e)a secretary for security;
(f)a secretary for finance;
(g)a secretary for production and environmental protection;
(h)the chairperson of the youth council at the parish or village level, who shall be the secretary for youth;
(i)the chairperson of the women's council at the parish or village level, who shall be the secretary for women and also the public health coordinator;
(j)the chairperson of the organisation for persons with disabilities at the parish or village level, who shall be secretary for persons with disabilities affairs; and
(k)the chairperson of the council of older persons of the parish or village level who shall be the secretary of the council of older persons.
(2)At least one-third of the executive committee members at the parish or village level shall be women.
(3)The office of a member of the executive committee at the village or parish administrative unit shall become vacant where—
(a)the appointment is revoked by the chairperson;
(b)the member—
(i)resigns from office;
(ii)is disqualified from being a member of the council;
(c)a new chairperson assumes office;
(d)the council removes the member under subsection (4).
(4)The chairperson or a member of the executive committee may be removed from office by the relevant council supported by two-thirds of the members of the council on any or all of the following grounds—
(a)abuse of office;
(b)corruption;
(c)incompetence;
(d)misconduct;
(e)failure or refusal, without justifiable reason, to implement lawful council decisions; and
(f)in the case of a chairperson, failure to call a council meeting for more than three months without reasonable cause.
(5)For the purposes of removing a member from office under subsection (4), the notice in writing signed by not less than one-third of all the members of the council shall be submitted by the village or parish council to the clerk at the subcounty with a copy to the magistrate—
(a)stating that the members intend to pass a resolution of the council to remove the member from office on any or all of the grounds set out in that subsection; and
(b)setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that a member be removed from office.
(6)The notice referred to in subsection (5) shall be sent to the magistrate at least twenty-one days before the date of the meeting in which the resolution for the removal of the member from office is to be made.
(7)The magistrate shall, within fourteen days, acknowledge receipt of the notice and make arrangements for the meeting at which the council intends to remove the member from office.
(8)The magistrate shall preside at the removal of a member of an executive committee of a village, parish or county council.
(9)The member of the executive committee who is the subject of the resolution for removal shall be given an opportunity to defend himself or herself against the accusations before a vote is taken on the resolution by the council.
(10)The magistrate shall, after ascertaining that the provisions of this section have been complied with, declare the office of the executive committee which the person removed was occupying to be vacant and make arrangements for election of another person to the office.
Plain English Summary
Every parish and village administrative unit must have an executive committee with specific positions, including a chairperson, vice chairperson (also...
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