Article published in the Daily Graphic (Ghanaian Newspaper) on Thursday, 15th September, 2016. No. 20177, page 10 (Opinion); www.graphic.com.gh

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GIVING GHANA A BEFITTING LAND ACT
Isaac Bonsu Karikari, PhD., FGhIS
Email: drisaackarikari@yahoo.co.uk
The Government of Ghana, under the Ministry of Lands and NaturalResources (MLNR),currently has
the onerous responsibility of giving Ghana a befitting Land Act, seeking to harmonise the over 166
laws, decrees, statutes and court judgements, identified on land administration and management. The
objective is to harmonise what appears to be disparate and sometimes obsolete laws on land difficult to
appreciate and implement.
Currently, the MLNRhascomposed a Working Group (WG) of knowledgeable and experienced experts
‘to ensure sustained engagement in and ownership in the preparation of the Land Bill by a wider
stakeholder group’. Yet, this role does not entirely rule out bias on the part of the WG in coming out
with the recommendations for the formulation of the Bill
The purpose of this Article is to examine the role of the WG in relation to some foreseen challenges
associated with its given task. This Article is without prejudice to the eventual outcome of the ongoing
sensitization and consultations by the WG on the Bill. The Article proffers some recommendations,
concluding that the main challenge in formulating and implementing the Bill would be attitudinal.
Figure 1: Proposed Land Bill Indicators and Outcomes
In Figure 1 above, the role of the WG would initially involve some preparatorywork basedonan agreed
roadmap with clear timelines, milestones and adequate budget, examining the other various Bills so far
crafted (the current is the fourth), engaging in public sensitization and consultations (extensive
outreach) of all stakeholders, including Civil Society Organisations (CSOs) and Nananom (Chiefs).
This would enable the MLNR gain Cabinet approval (after inputs from the Attorney General’s Office),
and ultimately help in the passing of the Land Act by Parliament.
The generic outcome would be the establishmentof effectivepropertyrightssystemsthrough the passing
of requisite Legislative Instruments (LIs) based,among others, on increasedsecurity oftenure,effective
planning controls predicated on Spatial Development Frameworks (SDFs) developed by the Town and

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Country Department; and data sharing and information dissemination on land grounded on a National
Spatial Data Infrastructure (NSDI).
We will look at challenges facing the formulation of the Bill in relation to the aforementioned three
expected outcomes, namely: ‘security of tenure increased’ (in relation to the 1986 Land Title
Registration Law, PNDCL 152); ‘planning controls implemented and enforced’ (in relation to the
layouts and planning schemes (based on SDFs)); and the ‘NSDI operationalised’ (in relation to data
sharing to reduce data duplication but ensuring optimum coordination and cooperation at all levels for
all institutions, using land-related data). These outcomes generally meet the objectives of the
Sustainable Development Goals (2015 to 2030).
On ‘Security of Tenure Increased’, Clause 5 (3) (b) of the current National Land Policy (NLP) states:
“speed up title registration to cover all interest in land throughout Ghana and phase out deed
registration”. The draft Bill, as it stands now, appears to give a tacit approval of the continued co-
existence of both Title and Deed Registrations in parts of Ghana, without following the policy directive
of the National Land Policy.
Indeed, Ghana is currently covered with Title Registration in the Greater Accra Region and parts of
Kumasi, where Deed Registration has ceased in those areas so declared by LIs. Furthermore, the
Millennium Development Authority’s Land Facilitation Activity, under its Agricultural Transformation
Programme, 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 rights to land at the Awutu/Senya District (Figure 2
below). Once this was successful, could Ghana now replicate Title registration in other regions and
eventually cover the entire country with Title Registration in line with the policy directives of the NLP?
Figure 2: Beneficiary of Title Certification

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Regarding ‘Planning Controls Implemented and Enforced’,a Clause in the draft Bill states that: “the
Lands Commission may forjustifiable reasons authorize the Registrar in writing to registera parcel of
land falling within a defined area which has no approved planning scheme”.
It is my view that the Registrar should not be given any such discretionary power. All registrations must
be based on approved planning schemes. Figure 3 indicates that local plans would have UPNs
(Universal Property Numbers). Penalties could be introduced in the Bill for infringement on the part of
land owners, if no layouts are submitted to the Planning Authorities for approval as planning schemes;
and developments have taken place based on unapproved layouts. Could this, in a way, also cure the
mischief of some people masquerading as land guards; and forestall haphazard developments on land?
Figure 3: Local Plans (approved layouts with UPNs). Source:Ghana Town and Country Planning Dept.
On ‘NSDI Operationalised’,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. The Ministry of Defence,the Utilities, the private sector geospatial community and others,
are all capturing the same ‘fundamental data’ many times. The NSDI would provide data standards to
work with. Figure 4 below indicates Ghana’s envisaged NSDI governance structure.

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Figure 4: Ghana’s envisaged NSDI Governance Structure
I make the following recommendations. On whether Ghana should go title registration nationwide 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.
The Bill must be forward looking and sustainable with the view to ‘curing mischief’ in the land market.
In this case,sustained consultations and education nationwide by the Lands Commission/Metropolitan,
Municipal and District Assemblies are key for acceptance of the Bill.
And we need to have a common geospatial implementation framework for Ghana. The opportunity
comes with this new Bill/Act.
I conclude that the Bill will struggle through Parliament if deep and extensive consultations, objectivity
and transparency are lacking from the very outset. Paradoxically, even though time is of the essence,
there is no need to rush the Bill. The main challenge, however, would be whether the Land Sector
Agencies have appropriate mindsets and attitudes whenit comes to the implementation of the Land Act.
Article published in the Daily Graphic (Ghanaian Newspaper) on Thursday, 15th
September, 2016. No.
20177, page 10 (Opinion); www.graphic.com.gh