*PowerPoint Presentation delivered at the 20th Office of the Administration of Stool Lands (OASL) Anniversary Seminar on the Theme: Sustainable Land and Natural Resources Management in Ghana – The Role and Responsibilities of Stakeholders, 13th – 14th October, 2016 @ the Ghana Institute of Management and Public Administration (GIMPA).

1. MAJOR LAND ACTORS IN LAND ADMINISTRATION AND
DEVELOPMENT IN GHANA
THE CRITICAL ROLES EXPECTED UNDER THE ENVISAGED
LAND BILL/ACT FOR GHANA
SURV. ISAAC BONSU KARIKARI, PhD, FGhIS
1ST
EXECUTIVE DIRECTOR, KARICEL FOUNDATION
OASL’S 20TH
ANNIVERSARY CELEBRATION (LAND CONFERENCE)
THEME: SUSTAINABLE LAND AND NATURAL RESOURCES IN GHANA: THE ROLE AND
RESPONSIBILITIES OF STAKEHOLDERS
GHANA INSTITUTE OF MANAGEMENT AND PUBLIC ADMINISTRATION (GIMPA),
ACCRA.
13TH
– 14TH
OCTOBER, 2016

2. OUTLINE
1. THE ROLE OF THE MINISTRY OF LANDS AND NATURAL RESOURCES
• The LAP, Land Agencies and Bureaucracy
• The Working Group for the Land Bill – 5th
Draft?
2. THE ROLE OF THE LAND SECTOR AGENCIES
• The Lands Commission – CSAUs and GELIS and Encroachments
• The OASL – CLSs and Registration of Skin, Clan and Family Lands
• The TCPD – National/Regional Spatial Development Frameworks(NSDFs/RSDFs)
and Local Plans and the role of Customary Land Owners
3. THE ROLE OF ACTORS IN LAND ACQUISITION AND LAND DEVELOPMENT
4. THE ROLE OF GhIS AND THE PRIVATE SECTOR (REAL ESTATE DEVELOPERS)
• As Major Catalysts …
5. TYING IN ON THE LAND BILL (CURING SOME MAJOR MISCHIEFS)
• Some Stakeholder Concerns (the World Bank and the Parliamentary Select
Committee)
• Disparate Data and the NSDI
• Attitudes and Not Necessarily Penalties for Infractions
6. RECOMMENDATIONS
7. CONCLUSION

3. THE ROLE OF THE MINISTRY OF LANDS AND NATURAL
RESOURCES (1)
• The LAP, Land Sector Agencies (LSAs) and Bureaucracy:
Letting Civil Service bureaucracy take over Projects results
in not ensuring timely deliverables or meeting set targets.
The Land Act should have been operational by now!
• The Working Group (WG) for the Land Bill – 5th
Draft?: The
WG has an onerous task of getting it right from the outset.
What the WG has been mandated to do is what we may
call ‘action research’ that both adds to knowledge and
applies such knowledge in practice, BUT NOT ENTIRELY
RULING OUT THE UNDERPINING ELEMENTS OF SOME BIAS
(ATTITUDINAL) on the Group’s part.

4. PROPOSED LAND BILL (LB)
INDICATORS/OUTCOMES
Preparatory Studies
Completed;
Legal and Regulatory
Reforms Underway =
(ROADMAP) + Budget:
$ 400,000.00?
Stakeholders
Reached
Executive Arm of
Government’s
Approval sought
•166 Laws /
Decrees/Statutes…
•Existing And Proposed
Policies On Land
•Customary Best
Practices
•International Best
Practices
›10,000(?)
People (Inc.
CSOs And
Nananom)
Reached
Through
Sensitization
And Public
Education
Efforts
•Attorney
General/Bar
Association’s
Views, Especially,
Sought On Bill
Land Act Passed
•All Laws
Codified Or
Harmonized
•All Major
Mischiefs Cured
•Tenure Security
Increased
•Planning Controls
(NSDFs)
Implemented And
Enforced
•NSDI
Operationalised
Effective Property
Rights System
Through Requisite
Legislative
Instruments (LIs)
Expected
Outcomes
Clarification and
Formalization of
LB– Parliamentary
Select Committee
Regulatory,
Legal And Other
Prep Work
Public
Outreach
Cabinet Input/Approval

5. THE ROLE OF THE MINISTRY OF LANDS AND NATURAL RESOURCES (2)
•VESTING UNLAWFUL UNDER THE 1992 CONSTITUTION?
Memorandum To Bill: “The Vesting of land is DISCOURAGED in
line with Article 267 of the Constitution and the decision of the
Supreme Court in Nii Ashong Omaboe v Attorney General and
Lands Commission. In furtherance of this provision is made for
the progressive and structured de-vesting of vested lands in
appropriate cases. Article 267 (1): “All stool lands in Ghana
shall vest in the appropriate stool on behalf of, and in trust for
the subject of the stool in accordance with customary law and
usage”.
Clause 260 of Draft Bill: Vesting of Stool Lands
“(1) On the coming into force of the 1992 Constitution it is
UNLAWFUL to vest stool or skin land in the Republic. (2) After
the commencement of this Act it shall be unlawful to vest clan
or family land in the Republic”.

6. THE ROLE OF THE MINISTRY OF LANDS AND NATURAL RESOURCES (2)
In my view Section 5 of Article 257 of the Constitution does not debar
vesting in its totality as it states that Sections 3 & 4 of this article
(dealing with the de-vesting of all lands in the Northern, Upper East
and Upper West Regions) shall be without prejudice to vesting by
the government in itself of ANY LAND which is required in the public
interest for public purposes”.
Now, could de-vesting be done only by constitutional amendment
OR the passing of the Land Act by Parliament would suffice? –
Article 289 (2) (a) of the Constitution states:
“This Constitution shall not be amended by an Act of Parliament or
altered whether directly or indirectly unless (a) the sole purpose of the
Act is to amend the Constitution…”
** Clause 262** - (LC to take inventory of vested lands and
recommend to President for EIs to be published and gazetted).

7. THE LANDS COMMISSION (1)
•Before the Act passes [LSAs] business processes should be transformed: CSAUs (Front
Office) + GELIS (Back Office) ► OUTCOME
•The Commission should be Proactive: For Example, on Encroachments (See Clause 228 (1) &
(2)): Whilst it is true that a person who unlawfully occupies public lands does not acquire an
interest in or right over land by reason of occupation (Limitation Act, 1972 (NRCD 54)), the
draft Bill, at this stage, appears not to address the issue of how to deal with such
encroachers; or how to prevent encroachment in the first place, requiring that the Lands
Commission becomes more proactive in its work (ATTITUDE). (The World Bank, for example,
has OP 4.12 on involuntary resettlement, requiring that compensation is paid to ‘project
affected persons’ (PAPs) or encroachers for loss of livelihood or income). Should the LC learn
from best practice? **Case of the NI and the Land Valuation Division.
ROLE OF LAND SECTOR AGENCIES
“Cold War” between CSAU and Back Office staff
resulting in a “wait and see” ATTITUDE of back office staff
– SOURCE: LC ISM 2016 REPORT
Advanced document management system and full
automation (GELIS) Required (Example of Officers
trained in Norway).

8. THE LANDS COMMISSION (2)
CLAUSES 82 – 197… TITLE AND DEEDS REGISTRATION
•Under security of tenure and protection of land rights, Clause 5 (3) (b) of the
National Land Policy states: “speed up title registration to cover all interest in
land throughout Ghana and phase out deeds registration”.
•MiDA’s Land Facilitation Activity (LFA), under its Agricultural Project, conducted
a pilot program for area-wide registration of rural lands, testing the Title Law
for the first time in a rural setting; and registering usufructuary rights to land at
the Awutu/Senya District. Once this is successful, could Ghana now replicate this
in other regions and eventually cover the entire country with Title Registration?
•I understand that the OASL might have studied MiDAs work in the CLSs and
have come out with the Rural Parcel Demarcation exercise under LAP
(ATTITUDINAL).
•However, I see a tacit approval of the continued co-existence of both title and
deed registration in parts of Ghana in the draft Bill, as it stands now, without
any attempt to follow the National Land Policy (ATTITUDINAL?).
ROLE OF LAND SECTOR AGENCIES

9. BENEFICIARY OF TITLE CERTIFICATION IN AWUTU SENYA
UNDER PNDCL 152

10. THE OASL (1)
•Customary Land Secretariats (CLSs)
This innovation should ignite the debate that LSAs should only be
FACILITATORS or REGULATORS in land administration in Ghana, where
Nananom would eventually be made to record and register rights to land
themselves; and the OASL, for instance, would provide guidance and
support in creating a national database for such transactions? What
would be the LSAs ATTITUDE to this recurring subject?
ROLE OF LAND SECTOR AGENCIES

11. THE OASL (2)
•On Registration of Skin, Clan and Family Lands
Clause 176 (3): Where there is a change of the occupant of the stool
or skin or tendana, or head of clan or family, or any other person
authorized by the stool, skin, clan or family to administer land or interest
in land, that occupant, tendana, head or person shall notify the Land
Registrar in writing and the Land Registrar shall if satisfied, make the
appropriate change in the entry. Due Diligence implied?
•Why not make explicit the role of the National House of Chiefs in the first
instance? Should not ‘gazetting’ of Chiefs be the main basis for satisfying
the Land Registrar where there is a change of occupant for Stools? Could
this be made explicit in the Act … so if the Registrar is using discretionary
powers we will all know? Could the Ascertainment of Customary Law
Project (ACLP) be a pointer to this argument, even though not having a
comprehensive coverage yet?
ROLE OF LAND SECTOR AGENCIES

12. The TCPD and Customary Land Owners (1)
•The Land Use and Spatial Planning Bill and Legislative Instrument (LI)
The passing of the Land Use and Spatial Planning Act will make TCPD the LAND USE AND
SPATIAL PLANNING AUTHORITY (ACT 925). This is good for Ghana. Success predicated on
attitudes?
•NSDFs/RSDFs and Local Plans And Role of Customary Land Owners
Clause 115 (6): “…the Lands Commission may for justifiable reasons authorize the
Registrar in writing to register a parcel of land falling within a DEFINED AREA WHICH
HAS NO APPROVED PLANNING SCHEME”. A practical proposition but…
•the Bill must take into consideration the spatial development frameworks the Town
and Country Planning Department is turning out. All LAYOUTS, arising out of Local Plans
must normally be submitted by land owners to the MMDAs for statutory approval based
on these frameworks for them to become PLANNING SCHEMES. (note: landmark Hohoe
High Court case on definition of stool lands and ensuing proliferation of layouts on ‘family
lands’ in Accra).
•There should be no leeway whatsoever that would further perpetuate the already
chaotic situation of haphazard developments based on conflicting layouts
(ATTITUDINAL). Once a layout is approved, it must suffice for the subject area.
ROLE OF LAND SECTOR AGENCIES

13. PREPARATION OF LAND USE PLANS
THREE
TIER
MODEL

14. The TCPD and Customary Land Owners (2)
Question: Could we introduce any penalties for
infringement on the part of land owners if no
layouts are submitted for approval; and
developments are seen to be taking place
based on such unapproved layouts, apparently
not in conformity to the approved spatial
development framework for the area in
question?
ROLE OF LAND SECTOR AGENCIES

15. THE ROLE OF ACTORS IN LAND ACQUISITION AND
LAND DEVELOPMENT (1)
1. Availability of Funds for Payment of Compensation: Clause 230
(1) Compulsory acquisition of land shall not be undertaken or
facilitated by the LANDS COMMISSION unless the INTENDED
USER of the acquired land proves in writing to the satisfaction
of the Commission that the FUNDS FOR THE PAYMENT OF
COMPENSATION and other costs associated with the acquisition
have been PAID INTO AN INTEREST YIELDING ESCROW
ACCOUNT.
2. The role of the SITE ADVISORY COMMITTEES (LI 230) -
(protection from deprivation of property – Art. 20 (1) (b) of the
Constitution - “the necessity for the acquisition is clearly stated
and is such as to provide reasonable justification for causing any
hardship that may result to any person who has an interest in or
right over property” … the question of suitability or otherwise
of the acquisition …

16. THE ROLE OF ACTORS IN LAND ACQUISITION AND
LAND DEVELOPMENT (2)
1. Protection of Land by Intended User: Clause 234 (a) Land to be
Demarcated, Surveyed and Entered on Register – “Upon the
publication of the notice pursuant to section 233 that any land is
needed for the purpose specified in that notice, the LANDS
COMMISSION shall: cause the areas affected by the compulsory
acquisition to be demarcated and surveyed and, unless this has
already been done to satisfaction of the Commission”.
2. What happens after survey? I guess Clause 14 of the draft Bill on
‘protection of land and interest in land’ tries to deal with this by
banning the use of force or armed persons (especially LAND GUARDS).
However, the Bill appears to be silent, after allocation of acquired
lands, on the need to secure those lands, involving the construction
of, for example, of some fence walls on the perimeters of lands to
cure the added mischief of encroachments; or for allowing such
acquired lands to lie fallow for long periods of time.

17. Ghana Institution of Surveyors (GhIS)
•Electronic Conveyancing
The GhIS, I am aware, has submitted some papers to the WG of the draft Land Bill on
electronic conveyancing. Clause 74 of draft Bill still states, on the qualification for Electronic
Conveyancing, states that: “An electronic conveyance shall only be made by a qualified legal
practitioner who has been granted access to the information system by the Commission”.
We know for a fact that the Conveyancing Act of 2002 for England and Wales, for instance,
opens this up to professionals such as “solicitors, licensed conveyancers, estate agents and
mortgage lenders who will be able to enter such agreements on meeting certain criteria”.
… even though under Act 1960, (ACT 32), a [paper] conveyance (as against an electronic or
paperless conveyance) in Ghana shall only be prepared by a legal practitioner in terms of the
legal profession. The Institution’s role, as a MAJOR CATALYST, would be to push for the WG
of the draft Land Bill to look at this again?
Real Estate Developers
• Awaiting Outcomes
The private sector would eagerly await the outcome of the Land Bill/Act, hoping it
would bring sanity in the documentation process, especially.
THE ROLE OF GhIS AND THE PRIVATE
SECTOR (REAL ESTATE DEVELOPERS)

18. TYING IN ON THE BILL (CURING SOME MAJOR MISCHIEFS) (1)
•Some Stakeholder Concerns (the World Bank and the Parliamentary
Select Committee)
•On the WORLD BANK, the MLNR must begin to reduce tensions
between GoG and Development Partners in the running of Projects
funded by such partners, whether through loans or grants. Projects
have process milestones, targets, outputs and outcomes that ought to
be mutually met. Taking antagonistic stance, when clearly we ought to
do better, is an affront to good partnership with our international
donors. Could we get LAP-3?
•On the other hand, the PARLIAMENTARY SELECT COMMITTEE role is
critical for the parliamentary approval of the Bill. A well-crafted Bill
may sail through quickly (Time is of the essence but objectivity and
transparency of utmost concern from the very outset).

19. TYING IN ON THE BILL (CURING SOME MAJOR MISCHIEFS) (2)
•Disparate Data and the NGP/NSDI: “The National Geospatial Policy
consolidates the Policy documents on National Spatial Data
Infrastructure (NSDI), Geodetic Reference Network, Survey and
Mapping, and Metadata”. No reference or space is made or given, in
the Bill, to this NGP of which the NSDI is assumed to be part, which I
understand has been forwarded to the National Development Planning
Commission for inclusion in Ghana’s 40-year Development Plan. I hold
a different view. The NGP should have been submitted to Cabinet
immediately (after the Consultant had finished its work and approved
by the Ministry).
•To my mind, it is ‘technically correct’ to send the NSDF to the NDPC
since it is to provide a strategic national vision (desired future) for
spatial development in Ghana over a twenty (20) year period. The
NSDF provides the Spatial Component of the formulation of the 40-
year National Development Plan by the NDPC. THE NSDI/NGP is an
INFRASTRUCTURE waiting to be ‘constructed’!

20. NSDI GOVERNANCE STRUCTURE
• Executive Role – to steer and
guide the development of NSDI
(NSDI Committee);
• Management Role – to co-
ordinate the project
management of NSDI
implementation across the
range of stakeholders involved
(NSDI Implementation
Managers);
• Operational Role – to perform
day-to-day administration and
technical implementation of the
NSDI (The NSDI Secretariat in
the Office of the President and
an NSDI Technical Team); and
• Advisory Role - teams of experts
in specialist fields to provide
analysis and recommendations
(NSDI Work Groups).
Definition: The technologies, policies, and people
necessary to promote the discovery and sharing of
geospatial data throughout all levels of government, the
private, non-profit sectors and the academic community;
and with goals to include standards, geospatial data,
metadata, and mechanism for sharing.

21. SOME RECOMMENDATIONS (1)
1.This approach (of having a NSDI) would require a platform, through a
clearing house mechanism, with full private sector participation, to reduce
data duplication but ensuring optimum coordination and cooperation at all
levels. We have been therefore before (National Framework of Geospatial
Information Management (NAFGIM)). WE NEED TO PROCEED ON THE NAFGIM
‘TRAJECTORY’ SO WE HAVE A COMMON GEOSPATIAL IMPLEMENTATION
FRAMEWORK FOR GHANA. The opportunity comes with this new Land Act.
2.INDEED GHANA URGENTLY NEEDS A SECTOR-BY-SECTOR WHOLE OF
GOVERNMENT APPROACH TO GATHERING, SHARING AND PROVIDING
GEOSPATIAL DATA/INFORMATION TO IMPROVE BUSINESS AND STRATEGIC
PLANNING. There are too many disparate datasets, making nonsense, the
survey maxim: ‘capture data once, and use them many times’. The Military,
the Utilities etc., are all capturing the same ‘foundational data’ many times,
causing wastage and ‘financial losses’, relentlessly and needlessly.

22. SOME RECOMMENDATIONS (2)
3.THE LAND BILL SHOULD SEEK, UNDER THE NSDI/NGP, TO MAKE THE
SURVEY AND MAPPING DIVISION OF THE LANDS COMMISSION THE
ONLY INSTITUTION TO PROVIDE ALL BASE MAPS on which all other
agencies in Ghana dealing with geo-referenced data are enjoined to
overlay (their) requisite thematic layers. [Perhaps, this gives credence
to why some people are asking for a Survey and Mapping Authority for
Ghana]. I do not have a personal opinion on this, if you should ask me!
4.The current NSDI/NGP Policy document calls for an NDSI LAW, to
“encapsulate the key points covered in this policy document and then
facilitate the development of NSDI/NGP through its implementation
phase”. ALTERNATIVELY, THE LAND ACT COULD MENTION THE NSDI,
REQUIRING THAT A LEGISLATIVE INSTRUMENT BE PASSED
AFTERWARDS.

23. SOME RECOMMENDATIONS (3)
5.THIS BILL MUST TAKE COGNIZANCE OF ALL EXISTING AND
FUTURE POLICES AS FAR AS PRACTICABLE; in this very case, the
1999 National Land Policy (to be amended?) and the NSDI/NGP or
the land use and spatial planning Act, for examples; seeking to
address current challenges in land administration in the country.
Pointers of such policies in the Bill will enable requisite
Legislative Instruments to be crafted.
6.THE BILL MUST BE FORWARD LOOKING AND SUSTAINABLE
WITH THE VIEW TO ‘CURING MISCHIEF’ IN THE LAND MARKET.
The Lands Commission must only deal with lands covered by
planning schemes under this new Bill. In this case sustained
consultations and education nationwide by the Lands
Commission/MMDAs are key for compliance.

24. SOME RECOMMENDATIONS (4)
7.THE BILL SHOULD HAVE A CLAUSE DEALING WITH
ENCROACHMENTS, TAKING COGNIZANCE OF INTERNATIONAL BEST
PRACTICE. The Lands Commission and MMDAs should be proactive,
through their estate management units, in monitoring such
occurrences. Otherwise, encroachments must be covered by
safeguards to compensate for loss of income or livelihoods once the
Lands Commission ‘sleeps on her rights’ for a stated period? The
Requisite Legislative Instruments (LIs) should further elaborate on
this?
8.ON WHETHER GHANA SHOULD GO TITLE REGISTRATION
OR HAVE THE TWO REGISTRATIONS CO-EXISTING, THE
WG MUST STATE ITS POSITION VERY CLEARLY IN THE
MEMORANDUM TO THE BILL, adducing reasons for this
position taken (or not taken) to remove any lingering doubts,
moving forward on these two type of registrations in Ghana.

25. SOME RECOMMENDATIONS (5)
9. PROJECT UNITS OF LSAS TO INTERROGATE LAND BILL
FURTHER AND FORWARD MEMORANDA; AND BUDGET
FOR AND CONTINUE SOME ACTIVITIES UNDER LAP: LSAs
could still submit memoranda to the Parliamentary Select
Committee, if they feel strongly afterwards that certain
issues ought to be reconsidered after submission by the
WG of the Land Bill.
To my mind, nothing stops the LSAs in setting up PROJECT
UNITS, mimicking the LAP (M&E, Procurement, Gender,
Research, and Communication… at least) to confront and
research into innovation and new technologies.

26. SOME RECOMMENDATIONS (6)
10.THE MAIN CHALLENGE IS FOR THE LSAS TO HAVE
APPROPRIATE MINDSETS AND ATTITUDES.
The issue is not technology per se but the need to
refocus on the staff in protecting land rights
adequately and permitting those rights to be
exchanged simply, promptly, securely and at
affordable cost, through appropriate institutional
and legal arrangements (e. g. the Land Act) …
together with appropriate application of geo-
technology.

27. CONCLUSION – REFLECTIONS (1)
I happen to be on the GhIS WhatsApp platform and share with
you a member’s thoughts which I find germane to my position
that the issue is about ATTITUDES:
1. “ May we reflect on the stunted growth of our public
land related agencies with surveyors in charge? The
bickering, sabotage, undermining, individual focus, greed,
grand standing and sheer peacockery that limit us despite
our potential talent and skills?...
2. “Can we reflect on our proclivity for quick fixes to
country problems: the Land Title Registration, Lands
Department splintering and subsequent hasty
amalgamation, LI 1444, Bar Coding, CSAU etc., when
these have not been subjected to dispassionate
discussion, analysis and reflection on the real needs of our

28. CONCLUSION – REFLECTIONS (2)
3. “Can we reflect on what new technologies
are out there to tap into but which we are
limited because we appear to have boxed
ourselves into relative irrelevance?…
4. “Can we think of country Ghana as we
think and act about our individual
[interests]?…
5. “Is there or can we create a leadership
drive to assert our rightful place in
society”

29. • THANK YOU FOR YOUR KIND ATTENTIONTHANK YOU FOR YOUR KIND ATTENTION