Ghana land experts discuss draft bill

Ghanaian legal and traditional experts on Thursday began discussions on the draft Land Bill, which seeks to lay a foundation for sustainable, decentralised land administration system in the country.

The draft bill seeks to revise and consolidate statutory laws on land, to harmonise land policies with existing customary laws to ensure sustainable land administration and management.

It also seeks to ensure effective land tenure system, create the framework for efficient surveying and mapping regime, title registration, set parameters for compulsory acquisition of land, vesting and vested lands and provision for related matters.

The experts from Greater Accra, Volta, Eastern and Central regions and stakeholders including officials from Ministry of Lands and Natural Resources are meeting in Accra as part of the processes for broader stakeholder consultation on the draft bill.

Mr Kwame Gyan, Legal Specialist noted that the rationale for the consultation was to share contents of the Lands Bill Framework with key stakeholders to solicit their views, comments, critique and suggestions to enrich its legal proposition.

He said the consultation was also in response to recommendation of a joint Government of Ghana and Donors Implementation Support Mission on a road map for the preparation and passage of the lands bill.

Giving a brief overview of the bill, Mr Gyan said it focused on incidents of forms of tenure, provisions relating to customary tenures, ownership of stool and family lands, restrictions on acquisition of land by foreigners, prohibition of discriminatory practices, registration of land, the customary law on freehold and common land use in communally-owned land,

On Land Administration and Management, the bill placed the searchlight on classification of survey and mapping, responsibility and functions of the survey and mapping division, establishment of a technical advisory committee, registration and licensing of land surveyors, role of practice for foreign land survey firms and foreign nationals.

Others are authorisation to conduct land survey, control of land survey practice, power to direct survey, entry into land, clearing of boundary line, compensation for damage caused, erection of boundary marks, power to place boundary marks under change, re-erection and repair of boundary marks, duties of district assemblies, penalty for destroying boundary marks and, penalty for refusing to comply with order and for obstructing survey.

Mr Gyan said other broad section of conveyance, the bill considered was modes of transfer of interest in land, records of customary transfers, administration of record schemes, implication of original writing, definition of transfer, subject matter of conveyance, interest taken by transferee, effect of extinguishment of reversion and avoidable conveyances.

Daasebre Professor Oti Boateng, Omanhene of New Juaben Traditional Area, noted that land was a major heritage in the country and commended the efforts in harmonising the legal regime.

Prof Oti Boateng, Former Government Statistician called for broader civil society input to ensure that “the bill is scrutinised thoroughly to stand the test of time and ensure the elimination of litigation especially in the acquisition of land”.

Source: GNA

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