Getting into business or signing any agreement can be exciting, but there are legal rules to keep in mind so no one gets taken advantage of, especially if someone can’t read or write well. Let’s break it down in plain language:
- What Happens When You Sign a Contract?
- Protection for People Who Can’t Read or Write
- Who Is an “Illiterate” According to the Law?
- What Must Be Done When Helping an Illiterate Person Sign a Document?
- What Is a Jurat Clause? (And Why It Matters)
- When Lawyers Are Involved
- No Free Passes — Even with a Signature
- A Tip for Business Owners in Ghana
- In the End…
What Happens When You Sign a Contract?
In general, once you sign a contract, you’re expected to follow what it says, even if you didn’t read every word. Signing means “I agree.” This is known by a fancy legal phrase: caveat subscriptor, which means “let the signer beware.”
But what if you can’t read or write well, or don’t understand the language the contract is in?
That’s where Ghana’s law steps in to help.
Protection for People Who Can’t Read or Write
Many Ghanaians still face challenges with reading and writing, and the law knows this. So, we have a special law called the Illiterates’ Protection Act (CAP 262), which helps make sure people who can’t read don’t get tricked into signing things they don’t understand.
Who Is an “Illiterate” According to the Law?
It’s not just about going to school. You are considered “illiterate” if you can’t read and write the language the contract is written in.
- For example, you might be able to read Twi or English, but not French — so a contract in French could still count as unreadable to you.
- Also, just because someone signed or thumb-printed a contract doesn’t mean they understood it.
What Must Be Done When Helping an Illiterate Person Sign a Document?
If someone is helping an illiterate person with a contract, the law says:
- Read the contract out loud clearly and explain it in a language the person understands.
- Make sure they sign or use a thumbprint, and witness the process.
- Include the name and address of the person who helped write or explain it.
- Say whether they were paid to help, and how much.
If these steps aren’t followed, the contract might be seen as invalid. Moreover, the Ghanaian courts have held that simply calling a witness to say that the document was read out is not enough. If you want to use the contract against someone who can’t read, you have to prove they really understood what it said and what it meant for them. It is not enough to say that it was translated, but that it was properly explained in a way they understood.
What Is a Jurat Clause? (And Why It Matters)
This is a short statement added to the contract that says:
“This contract was explained in a language the person understands, and they signed it after fully understanding it.”
Including a jurat makes the contract stronger and safer, especially when one person can’t read.
When Lawyers Are Involved
If a lawyer or their assistant (salaried clerks) prepares the contract for an illiterate person, the law relaxes some of these rules, assuming the lawyer will act in good faith.
BUT: For wills (documents about who gets what after someone dies), the rules are much stricter, and a jurat clause is a must-have to avoid confusion or fraud.
No Free Passes — Even with a Signature
Just because someone signed doesn’t mean the contract is valid. The person who wants to use the contract in court must prove that the other party really understood it.
At the same time, illiteracy isn’t a license to lie. You can’t fake being illiterate just to avoid a contract you don’t like anymore.
A Tip for Business Owners in Ghana
If you’re running a business and using written contracts, especially with people who might not understand them, take the time to explain everything clearly.
- Use an interpreter if needed
- Add a jurat clause
- Make sure the person genuinely understands before signing
It’s not just about staying out of legal trouble, it’s about doing good, honest business.
In the End…
A fair contract isn’t just one that’s signed, it’s one that’s understood. Commercial certainty is built on trust, and trust is built on fairness. The law demands more than a signature. It demands that both parties understand what they are agreeing to. That’s the kind of trust Ghana’s legal system aims to build.
Alhassan Aboagye on behalf of OSD and Partners. [email protected]
