The Deputy Minister of Lands and Natural Resources, and also a member of Parliament for Atwima Nwabiagya North constituency, Hon. Benito Owusu-Bio has implored the National House of Chiefs to embrace the new Land Act 2020 (Act 1036) for sustainable land administration and management.
Addressing the traditional authorities during an engagement in Kumasi, the minister noted: “the existing laws before the passage of the Land Act, were fraught with inconsistencies in land administration leading to the proliferation of land guards, multiple sale lands, and tenure insecurities among others”.
According to Hon. Benito, the Act which seeks to address land-related issues in the country can only be effective if all stakeholders especially chiefs throw their support behind it.
“The Act cannot work in isolation. It requires the concerted effort of all stakeholders for effective implementation of the provisions of the land Act to enable us to enjoy the numerous benefits it presents.
“As custodians of about 80 percent of Ghana’s Lands, our traditional authorities are the most important stakeholders in the efficient implementation of the land Act. I wish you humbly embrace the provisions of this act to help bring sanity to our land sector” he told the chiefs.
Members of the National House of Chiefs have also been asked to deliberate on the Act and propose input to the ministry for consideration in drafting the L.I for the Act.
The Chairman of the National Lands Commission, Lawyer Alex Quaynor, led the delegation which comprised Board members of the Commission, management members, the Office of the Administrator of Stool Lands and the Land Use and Spatial Planning Authority to undertake the sensitisation exercise.
Lawyer Quaynor commended the chiefs for the important role they play in the land administration of the country and again reminded them of their fiduciary role, holding the lands in trust for the indigenes which makes them accountable to their people and therefore urged them to act in a manner that would benefit every member of their communities. Registration of Allodial Owners and setting up of Customary Land secretariats are also Paramount under the Land Act, he added.
The Chief Executive Officer of the Land Use and Spatial Planning Authority, Mr Kwadjo Yeboah, touched on the mandate of his outfit as being responsible for ensuring the sustainable development of land and human settlement through a decentralised system.
He advocated for the judicious use of land adding that his outfit will ensure the sustainable development of land and human settlement through a decentralised planning system as well as creating an enabling environment for MMDAs and Nananom to better perform the Spatial Planning and human settlement planning. He assured the chiefs of their collaboration with them in the preparation of all Spatial plans especially planning schemes.
The Administrator at the Office of the Administrator of Stool Lands, Maame Ama Edumadze-Acquah noted the pivotal role of chiefs in the socio-economic development of the country and added her voice to the need to set up Customary Land Secretariats which will help manage their lands effectively. She assured the chiefs of their technical support with the Lands Commission. This according to her would help keep proper records of their land transactions. She indicated that OASL exists to improve Stool land revenue mobilisation and disbursement to facilitate sustainable development and efficient management of Stool Lands for the benefit of present and future generations.
Surv. Timothy Anyidoho, Esq, Greater Accra Regional Lands Officer highlighted some critical provisions in the Land Act.
SECTION 14-18 made provision for the Establishment of a Customary Land Secretariat. In his presentation, it became succinct that, A stool or Skin, Clan or family that owns land shall in accordance with this Act, establish a Customary Land Secretariat as prescribed by regulations made under this Act for the management of its land.
Touching on demarcation and survey, he mentioned that, Section 27-28 provides that, anyone who willfully or unlawfully destroys, moves, or alters a boundary or survey mark, commits an offence and is liable on summary conviction to a fine of not less than One thousand penalty units and not more than ten thousand penalty unit or to imprisonment for a term of not less than one year and not more than ten years or to both.
Once disputes are inevitable, the gathering was taken through SECTION 98 (1): RESOLUTION OF LAND DISPUTE. It states that “An action concerning any land or interest in land in a registration district shall not be commenced in any court unless the procedures for resolution under Alternative Dispute Resolution Act, 2010 (Act 798) have been exhausted. This section of the law gave a sigh of relief to members present whose current situation seemed to have resonated with the part of the law on ADR rather than the law court.
The indiscriminate sale of lands that belonged to the State was a point that was hugely hammered by him.
He cited SECTION 236 UNLAWFUL OCCUPATION OR SALE OF PUBLIC LAND. As espoused by the article “Any person who unlawfully occupies public land does not acquire an interest in or rights over that land. Public land cannot be acquired by prescription or adverse possession.
A Person who unlawfully appropriates sells or conveys public land commits an offence and is liable on summary conviction to a fine, not less than 5000 penalty units and not more than 10,000 penalty units or to a term of imprisonment not less than 7 years and not more than 15 years or to both.
He ended his presentation by reading out the numerous offences that had hitherto the programme been less classified as such. SECTION 277 elaborated much on the various offences
Overall, the programme birthed forth much insight into issues regarding land Management. The gathering took the opportunity to ask questions that needed further clarification.
The President of the National House of Chiefs, Ogyeahoho Yaw Gyebi II, lauded the Lands Commission for the unrelenting efforts to sensitise stakeholders on this Land Act. He called for stronger and deeper collaborations between the traditional authorities and the Land Sector agencies.
The President entreated the members of the house to be committed to ensuring the implementation of the Land Act. Regarding their concerns about the rent sharing arrangement with the District Assemblies, he assured the house that a meeting will be held and a paper would be presented to Government.
Surv. Dadson on behalf of the Lands Commission presented Copies of the Land Act to the house.
