ENHANCING LAND ADMINISTRATION IN GHANA THROUGH THE DECENTRALIZED LOCAL GOVERNMENT SYSTEM David Forkuor (PhD) Callistus Mahama (PhD) Peter Ohene Kyei (PhD)

INTRODUCTION  Land 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’D  Institutions 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 Lands Land ValuationLand Registry Survey 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

METHODS  Qualitative approach was used.  Technique for obtaining information was: a. face-to-face interviews  Sources of information: a. district coordinators b. traditional councils c. lands commission d. district courts

DATA ANALYSIS Data analyzed qualitatively using: a.Thematic analysis approach b.Comparative analysis approach

FINDINGS AND DISCUSSION Operations of the Lands Commission at the District Level a. 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 Lands a. Two out of the 4 land owners had no formalland 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 Owners a.No layout plans b.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 Assembly a.Land owners have poor understanding of the role of DA in land matters. a.Inadequate financial resources. Land Owners a.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.

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