The Minister of Chieftaincy and Religious Affairs, Hon. Stephen Asamoah- Boateng has urged the Greater Accra Regional House of Chiefs to embrace the new Land Act, 2020 (Act 1036) and adopt Alternative Dispute Resolution (ADR ) mechanisms in resolving land litigations in the region.
According to Chieftaincy Minister, ADR has the backing of the Land Act which makes it compulsory for any action concerning any land or interest in land registration to exhaust Alternative Dispute Resolution mechanisms before running to the traditional court.
The Minister made this passionate appeal to the chiefs by reminding them of the many land litigation cases that have flooded the courts which have become one to many.
“Chiefs have the power to resolve their land issues without running to the traditional courts which become long and protracted and a never-ending issue” he noted.
According to him, the new Act will facilitate a robust land administration system in the country as well as address land-related issues but Chiefs have a task to ensure that they play their roles effectively by negotiating, mediating, or resorting to arbitration to bring the land disputes to their barest minimum.
He made this clarion call when addressing the traditional authorities Chiefs at a sensitization forum held at the Guggisberg Memorial Hall in Dodowa on 13th June 2023, here in Accra.
He assured the house that, his office will expedite action on the amendment of the Chieftaincy Act, 2008(Act 759) to clearly establish the roles of the chiefs and Queen Mothers and also restore power to the traditional authorities to make them more effective in the discharge of their duties.
The Minister furthermore reiterated that the Land Act can only serve the purpose for which it was passed if all stakeholders especially chiefs throw their weight behind it.
“The Greater Accra region is bedeviled with too many land disputes and therefore an all-inclusiveness approach is needed urgently to change this narrative” he advised.
The forum forms part of the Lands Commission’s bid to sensitize key stakeholders and the public on the new Land Act. It was also aimed at empowering the traditional authorities with knowledge of the crucial roles of land administration in the country.
Chairman of the
National Lands Commission, Lawyer Alex Quaynor led the delegation which comprised Management members, members of the Land Act Working Group, and some staff from the Commission.
Lawyer Quaynor in his remarks, applauded the chiefs for the integral role they play in the nation’s land administration system. He also reminded them of their fiduciary responsibility for holding the indigenes’ lands in trust, which makes them answerable to them, urging them to act in a way that ultimately serves the interest of their subjects and the country at large.
He advised the chiefs to equip themselves with the Land Act and eschew all forms of negative practices that may trigger land disputes. He mentioned the double sale of lands and land guard menace among others as problems that demand conscious and deliberate efforts to make it a thing of the past.
The Acting Greater Accra Regional Lands Officer, Surv. Lawyer Timothy Anyidoho, on his part,
expressed sincere gratitude to the house for availing themselves and their high offices for the program which provided an ideal platform for educating them and sharing knowledge with them about land-related issues in the Greater Accra Region.
He used the opportunity to highlight some sections of the Act which are relevant to the chiefs in the execution of their duties as custodians of the lands.
Among the sections he quoted are; SECTION 9(2) ” states that A person shall not create an interest in or right over any stool, skin, clan, or family land that vest in that person, another person, or body of persons a freehold interest in that land, however, described.
SECTION 12: PROTECTION OF LABOR AND INTEREST IN LAND.
Under this section, Lawyer Anyidoho cautioned the chiefs about the fact that the Act criminalizes the activities of Land guards and their sponsors. He made a passionate appeal to them to desist from any activity which prevents a developer from developing the land or personally or through another person who unlawfully uses force, violence, or intimidation to prevent or obstruct a lawful owner of the land from developing commits an offense and is liable on summary conviction to a term of imprisonment of not less than ten years and not more than fifteen years.
He, therefore, admonished the chiefs to be mindful of this and drum home the message to the members of their communities.
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 following this Act, establish a Customary Land Secretariat as prescribed by regulations made under this Act for the management of its land.
SECTION 98(1): RESOLUTION OF LAND DISPUTES. An action concerning any land or interest in land in the registration district shall not be commenced in any court unless the procedure for resolution under Alternative Dispute Resolution Act, 2010 Act 798 has been exhausted.
SECTION 47: RESTRICTIONS ON TRANSFER OF LAND BY SPOUSE. A spouse shall not, in respect of right or interest in land acquire for valuable consideration during marriage: a) Sell, exchange, transfer, mortgage or lease the land, right or interest in the land. b) Enter into a contract for the sale, exchange mortgage, or lease of the land, right, or interest in the land. c) Give away right in the land inter vivos. d) Enter into any other transaction to the land, right, or interest in the land without the written consent of the spouse, which shall not be unreasonably withheld.
Madam Yvonne Sowah, Chairperson of the Greater Accra Regional Lands Commission, reiterated the Commission’s readiness to assist the traditional authorities act in a more organized manner stating that it is her firm belief that when all stakeholders are saturated with the necessary information on land management and sale, there would be more sanity in the land market which culminate in a reduction in the flouting of the law.
The Vice President of the Greater Accra Regional House of Chiefs King Prof. Odaifio Welentsi III made a heartfelt request to the traditional authorities to treat the information they were given with all the seriousness it deserves and convey the message to their respective communities.
He entreated the house to put the information they have been given them into use otherwise the purpose of the engagement would be defeated.
He also tasked the Lands Commission to strengthen its relationship with the chiefs by periodically visiting them to engage them on land-related issues and assist them with setting up their Customary land secretariats which help them keep proper records of their land transactions and make them more effective.
The open forum saw questions on a myriad of issues ranging from ownership systems, stool land management, and challenges which were duly addressed by the Chairman Alex Quaynor and the team.
It was an interactive and knowledge-sharing experience that received the needed attention.
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