Court Rules on Deduction of Teacher Fees for Professional Development in Ghana

A significant ruling has been made in the Superior Court of Judicature, High Court of Justice, General Jurisdiction Division, with far-reaching implications for teachers under the Ghana Education Service (GES).

In a case presided over by His Lordship Justice Joseph Adu-Owusu Agyeman, the court addressed the issue of fees related to the Framework for Professional Development of Teachers, which includes the Points-Based System for professional growth and the Continuous Professional Development Allowance.

The suit, filed by Mr. Stephen Desu against the Ghana Education Service, the National Teaching Council, and the Attorney General, sought to halt the deduction of fees from teachers for various professional development activities. Mr. Desu argued that these fees, deducted since November 2023, should be restrained until a final determination on their legality is made.

Justice Adu-Owusu Agyeman ruled that the court cannot restrain the GES and the National Teaching Council from implementing the Framework for Professional Development. The Framework operates under the Education Act, 2008 [ACT 778], and is therefore lawful unless repealed or replaced.

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However, the court ruled that a fee of GH₵150, intended to be deducted from teachers, was illegal, as it has not received parliamentary approval and lacks a regulatory framework under Section 83 of the newly enacted Education Act of 2020 [ACT 1023].

In his ruling, Justice Agyeman ordered an injunction against the continued deduction of the GH₵150 fee until Parliament approves it through a regulatory framework.

This decision highlights the requirement for legislative backing in matters involving financial deductions from public sector employees, emphasizing the protection of teachers’ income from unapproved deductions.

This ruling is a landmark decision for teachers, reinforcing the importance of regulatory compliance in the implementation of professional fees. As the ruling stands, the GES and other relevant bodies must secure parliamentary approval for any future deductions related to the Framework for Professional Development.

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