DISPOSITION OF STOOL LAND IN PERI-URBAN GHANA: THE CONSTITUTIONAL REQUIREMENT AND COMPLIANCE IN THE EJISU-JUABEN MUNICIPALITY

Alexander Sasu, Lewis Abedi Asante and Joseph Kwaku Kidido

AfRES from African Real Estate Society (AfRES)

Abstract: Article 267 (3) of the 1992 Constitution of Ghana provides that stool land disposition or development must be consistent with the planning scheme approved by the Town and Country Planning Department (TCPD) of the area in which the land is situated, without which traditional authorities are not expected to dispose same to prospective allottees. The study sought to address the questions: (a) ‘to what extent does stool land disposition and development in peri-urban Ejisu Juaben Municipality complying with Article 267 (3) of the 1992 Constitution of Ghana’; (b) ‘what are the driving factor(s) for compliance or non-compliance with the constitutional provision’. Data were gathered from traditional authorities(Chiefs), allottees and officials of Town and Country Planning Department (TCPD) and Public & Vested Land Management Division (PVLMD) of Regional Lands Commission (RLC). The study showed a high rate of non compliance to the constitutional provision. This scenario is occasioned by conflicting relations between the traditional authorities, TCPD and PVLMD coupled with high cost of base map and planning scheme preparation. The study recommends a partnership between the traditional authorities and metropolitan, municipal and district assemblies (MMDAs) in the preparation of base maps and planning scheme aimed at regulating land disposition and development. The MMDAs should also directly support the chiefs both financially and technically to ensure easy adherence to the constitutional provision and in so doing guarantee the preparation of planning schemes ahead of development.

Keywords: Constitution; Development; Ghana; Land Use Planning; Stool land disposition; Stool land (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2016-09-01
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