Injecting commercial sense into penal enactment: A Critique of the Fines (Penalty Units) Act, 2000 (Act 572).
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Date
2006
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KNUST Law Journal
Abstract
For a very long time the draftsman has been saddled with the problem of couching penal enactments. The problem that has often exercised the mind of the draftsman is mainly two-fold. First, it is pretty difficult getting the right and all embracing language that can capture various scenarios falling within the scope of the enactment. Sometimes over enthusiasm on the part of the draftsman to adopt an all embracing language with sufficient width to encapsulate all conceivable situations in the context of the enactment leads to the adoption of open textured language which is often fraught with vagueness and ambiguity that eventually gives rise to interpretation prob-
lems. A typical instance of this problem is the Section 179A of the Crimi-
nal Code (Amendment) Act, 1993 (Act 458)2.
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Article published in KNUST Law Journal, Vol.3, 2006.
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KNUST Law Journal, Vol.3, 2006.