ENHANCING LAND ADMINISTRATION IN GHANA THROUGH THE DECENTRALIZED LOCAL

GOVERNMENT SYSTEM

David Forkuor (PhD)Callistus Mahama (PhD)Peter Ohene Kyei (PhD)

INTRODUCTIONLand has been a source of livelihood to man since

antiquity.Rapid world urbanization has compelled

countries to develop strategies to judiciously use lands.

In Sub-Saharan Africa, an estimated 20 countries have, from the dawn of the 21st century began land reforms (Willy, 2003).

In Ghana, the LAP was established in 2003 with the mandate of harmonizing the various components of the land administration process.

HISTORY Land administration in Ghana has evolved

through ambiguous processes (Kasanga, 2006).

Before colonization, occupants of stools and skin administered lands (Busia, 1951).

With the onset of colonization, attempts were made to streamline process of land administration (Public Lands Ordinance , CAP 134; Land Bill of 1897).

HISTORY CONT’DInstitutions were established to help in land

administration (Survey Department, Lands Department, Town and Country Planning Department).

In the mid 1980s and early 1990s government established 3 land institutions (Land Title Registry, Land Valuation Board and Office of the Administrator of Stool Lands).

Traditional authorities have been strong, responsible and equitable (Kasanga, 2000)

Secretariat

Public and Vested LandsLand ValuationLand RegistrySurvey and

Mapping

Internal Audit

Finance

Human Resource

Public Relation

Client Service

Land Information

Policy, Planning and Research

Monitoring and Evaluation

Legal Affairs

Gen. Mgt. and Logistics

Land Administration Structure in Ghana

Source: Authors Derivative from Act 767

Lands Commission

CRITICISM OF THE STRUCTURE

1. Exclude: a. spatial planning unit b. monitoring of development c. revenue mobilization

d. land owners

2. Takes the form of de-concentration at the sub-national level

OBJECTIVE

Explore an alternative structure of land administration that integrates all the components of land administration into a unified whole.

STUDY AREA

Source: Author’s construct, 2012

METHODSQualitative approach was used.Technique for obtaining information was: a. face-to-face interviewsSources of information: a. district coordinators b. traditional councils c. lands commission d. district courts

DATA ANALYSIS

Data analyzed qualitatively using:a. Thematic analysis approachb.Comparative analysis approach

FINDINGS AND DISCUSSION Operations of the Lands Commission at the

District Levela. Apart from the Obuasi municipality, the LC has no office at the districts in the Asante region.b. The regional office in Kumasi gives concurrence to all land transactions in the region.c. The commission depends on quarterly funds from HQ for its expenditure. (Zero retention of IGF).

FINDINGS CONT’D

Bottlenecks in Allocation of Landsa. Two out of the 4 land owners had no formal land secretariat.b. Allocation of stool lands are made by land

owners without involvement or consultation with the District Assembly (DA) ie. planning unit.

b. Unless a buyer decides to obtain documentation on the land, the DA is never in the known of a sale of land.

Problems of Land Administration

District Assembly (DA)a. Towns do not have layout

plans.b. Weak links with related

departments (chiefs, LC)c. Careless spatial

development d. Low commitment from DA

i. monitoring unit not properly resourced.ii. Statutory planning committee not regular

Land Ownersa. No layout plansb. DA don’t respect

transactions from them.c. Hire surveyors at a huge

cost.d. No clear demarcation

between two stools lands.e. No proper record keeping

on lands.f. Don’t hear and get to

participate in training programmes by LC

CAUSE OF PROBLEM

District Assemblya. Land owners have poor

understanding of the role of DA in land matters.

a. Inadequate financial resources.

Land Ownersa. Bureaucracy in processing

lands by the government.b. Insufficient assistance to stool

lands by the LC.c. Poor understanding of the

structure and procedure of chiefs by the DA.

CONCLUSION

The new LC has not brought much changes to the challenges of land administration as evident from the problems identified.

New structure is not felt as the local level.

DISTRICT ASSEMBLY

(DCE)

SPMU(HEAD)

SMU(HEAD)

LANDS DEP’T(HEAD)

CLRU(HEAD)

LTRU(HEAD)

•Advice to land owners•Land and

property rates

•Surveying•Mapping•Interpreting

•Manage Public Lands

•Prepare Layout•Monitor

development

RECOMMENDATION

LVU(HEAD)

LAND OWNERS

IMPLICATIONS

1. Ministry of Local Government and Rural Development shall take oversight responsibility for land matters

2. Collapsing the national lands commission, Town and Country Planning Department and the Office of the Administrator of Stool Lands

BENEFITS• Land ministry will have much time for forest,

mining and other natural resources.

• Interaction between land owners and government land administrators shall be improved.

• Land transactions shall be handled under a unified authority within a geographic area.

• Make the districts more committed and responsible for land management.

THANKS FOR YOUR ATTENTION