THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
CHAPTER 021
LANDS
AND NATURAL RESOURCE
Public
Lands
257 (1)
All public lands in Ghana shall be vested in the President on behalf
of, and in trust for, the people of Ghana.
(2)
For the purposes of this article, and subject to clause (3) of this
article, "public lands" includes any land which, immediately before
the coming into force of this Constitution, was vested in the Government
of Ghana on behalf of, and in trust for, the people of Ghana for
the public service of Ghana, and any other land acquired in the
public interest, for the purposes of the Government of Ghana before,
on or after that date.
(3)
For the avoidance of doubt, it is hereby declared that all lands
in the Northern, Upper East and Upper West Regions of Ghana which
immediately before the coming into force of this Constitution were
vested in the Government of Ghana are not public lands within the
meaning of clauses (1) and (2) of this article.
(4)
Subject to the provisions of this Constitution, all lands referred
to in clause (3) of this article shall vest in any person who was
the owner of the land before the vesting, or in the appropriate
skin without further assurance than this clause.
(5)
Clauses (3) and (4) of this article shall be without prejudice to
the vesting by the Government in itself of any land which is required
in the public interest for public purposes.
(6)
Every mineral in its natural state in, under or upon any land in
Ghana, rivers, streams, water courses throughout Ghana, the exclusive
economic zone and any area covered by the territorial sea or continental
shelf is the property of the Republic of Ghana and shall be vested
in the President on behalf of, and in trust for the people of Ghana.
258 (1)
There shall be established a Lands Commission which shall, in co-ordination
with the relevant public agencies and governmental bodies, perform
the following functions -
(a)
on behalf of the Government, manage public lands and any lands vested
in the President by this Constitution or by any other law or any
lands vested in the Commission;
(b)
advise the Government, local authorities and traditional authorities
on the policy framework for the development of particular areas
of Ghana to ensure that the development of individual pieces of
land is co-ordinated with the relevant development plan for the
area concerned;
(c)
formulate and submit to government recommendations on national policy
with respect to land use and capability;
(d)
advise on, and assist in the execution of, a comprehensive programme
for the registration of title to land throughout Ghana;
(e)
perform such other functions as the Minister responsible for lands
and natural resources may assign to the Commission;
(2) The Minister
responsible for lands and natural resources may, with the approval
of the President, give general directions in writing to the Lands
Commission on matters of policy in respect of the functions of the
Commission and the Commission shall comply with the directions.
259 The
Lands Commission shall consist of the following persons appointed
by the President under article 70 of this Constitution -
(a)
a chairman, who is neither a Minister of State nor a Deputy Minister;
(b)
one representative each of the following bodies nominated in each
case by the body concerned -
(i)
the National House of Chiefs;
(ii)
the Ghana Bar Association; (iii)
the Ghana Institution of Surveyors; (iv)
each Regional Lands Commission;
(v) the Department
responsible for town and country planning;
(vi)
the National Association of Farmers and Fishermen; (vii)
the Environmental Protection Council, and
(viii) the Ministry
responsible for Lands and Natural Resources; and
(c)
the Chief Administrator of the Lands Commission who shall be the Executive
Secretary.260(1)
The Lands Commission shall have a branch in each region to be known
as a Regional Lands Commission for the performance of the functions
specified in article 258 of this Constitution in respect of the region.
(2) The activities
of all the Regional Lands Commissions shall be co-ordinated by the
Lands Commission.
A
Regional Lands Commission shall consist of the following persons
appointed by the Minister responsible for lands and natural resources
-
(a)
a chairman who is neither a Minister of State nor a Deputy Minister;
(b)
one representative each of the following bodies nominated in each
case by the body concerned -
(i) the National
House of Chiefs;
(ii)
the Ghana Bar Association;
(iii)
the Ghana Institution of Surveyors;
(iv) each Regional
Lands Commission;
(v)
the Department responsible for town and country planning;
(vi) the National
Association of Farmers and Fishermen;
(vii)
the Environmental Protection Council; and
(viii)
the Ministry responsible for Lands and Natural Resources; and.
(c) the Chief
Administrator of the Lands Commission who shall be the Executive
Secretary.
261 A
Regional Lands Commission shall consist of the following persons
appointed by the Minister responsible for lands and natural resources
-
(a)
a chairman who is neither a Minister of State nor a Deputy Minister;.
(b) a representative
each of the following bodies in each case nominated by the body
concerned -
(i)
the Regional House of Chiefs;
(ii)
each District Assembly within the region; and
(iii)
the Department responsible for town and country planning;
(c) a nominee
of the Ghana Bar Association practising in the region;
(d)
a nominee of the Ghana Institution of Surveyors practising in the
region; (e)
the National Association of Farmers and Fishermen; and (f)
the Regional Lands Officer.262
(1) Each Regional
Lands Commission shall have a Regional Lands Officer.
(2)
The Regional Lands Officer shall be a Member of and Secretary to
the Regional Lands Commission.
263 A
person shall not be qualified for appointment as a member of the
Lands Commission or of a Regional Lands Commission other than the
Executive Secretary and the Regional Lands Officer unless he is
qualified to be a member of Parliament, except that for the avoidance
of doubt, a person shall not be disqualified to be a member under
this article by reason only of his being a public officer.
264 (1)
The Chairman and members of the Lands Commission, and also, the
Chairman and members of a Regional Lands Commission other than the
Executive Secretary and the Regional Lands Officer shall hold office
for four years and may be eligible for re-appointment.
(2)
The office of the Chairman or a member of the Lands Commission or
of a Regional Lands Commission other than the Executive Secretary
and the Regional Lands Officer shall become vacant if -
(a) he ceases
to hold office under clause (1) of this article;
(b)
any circumstance arises that would cause him to be disqualified for
appointment under article 263 of this Constitution; (c)
he is removed from office by the President or, in the case of a member
of a Regional Lands Commission, by the Minister responsible for lands
and natural resources for inability to perform the functions of his
office or for stated misbehaviour.265
Except as otherwise
provided in this constitution or in any other law which is not inconsistent
with this Constitution, the Lands Commission shall not be subject
to the direction or control of any person or authority, in the performance
of its functions.
Ownership
of land by Non-Citizens
266 (1)
No interest in, or right over, any land in Ghana shall be created
which vests in a person who is not a citizen of Ghana a freehold
interest in any land in Ghana.
(2)
An agreement, deed or conveyance of whatever nature, which seeks,
contrary to clause (1) of this article, to confer on a person who
is not a citizen of Ghana any freehold interest in, or rights over,
any land is void. (3)
Where, on the twenty-second day of August 1969, any person not being
a citizen of Ghana had a freehold interest in or right over any land
in Ghana, that interest or right shall be deemed to be a leasehold
interest for a period of fifty years at a peppercorn rent commencing
from the twenty-second day of August 1969, and the freehold reversionary
interest in any such land shall vest in the President on behalf of,
and in trust for, the people of Ghana. (4)
No interest in, or right over, any land in Ghana shall be created
which vests in a person who is not a citizen of Ghana a leasehold
for a term of more than fifty years at any one time. (5)
Where on the twenty-second day of August 1969 any person not being
a citizen of Ghana had a leasehold interest in, or right over, any
land in Ghana for an unexpired period of more than fifty years, that
interest in, or right over, any such land shall be deemed to be an
interest or right subsisting for a period of fifty years commencing
from the twenty-second day of August 1969. Stool
and Skin Lands and Property267
(1) All stool
lands in Ghana shall vest in the appropriate stool on behalf of,
and in trust for the subjects of the stool in accordance with customary
law and usage.
(2)
There shall be established the Office of the Administrator of Stool
Lands which shall be responsible for -
(a) the establishment
of a stool land account for each stool into which shall be paid
all rents, dues, royalties, revenues or other payments whether in
the nature of income or capital from the stool lands;
(b)
the collection of all such rents, dues, royalties, revenues or other
payments whether in the nature of income or capital, and to account
for them to the beneficiaries specified in clause (6) of this article;
and (c)
the disbursement of such revenues as may be determined in accordance
with clause (6) of this article. (3)
There shall be no disposition or development of any stool land unless
the Regional Lands Commission of the region in which the land is situated
has certified that the disposition or development is consistent with
the development plan drawn up or approved by the planning authority
for the area concerned. (4)
Where the Regional Lands Commission fails or refuses to give the consent
and concurrence under clause (3) of this article, a person aggrieved
by the failure or refusal may appeal to the High Court. (5)
Subject to the provisions of this Constitution, no interest in, or
right over, any stool land in Ghana shall be created which vests in
any person or body of persons a freehold interest howsoever described. (6)
Ten percent of the revenue accruing from stool lands shall be paid
to the office of the Administrator of Stool Lands to cover administrative
expenses; and the remaining revenue shall be disbursed in the following
proportions-
(a) twenty-five
percent to the stool through the traditional authority for the maintenance
of the stool in keeping with its status;
(b)
twenty percent to the traditional authority; and (c)
fifty-five percent to the District Assembly, within the area of authority
of which the stool lands are situated. (7)
The Administrator of Stool Lands and the Regional Lands Commission
shall consult with the stools and other traditional authorities in
all matters relating to the administration and development of stool
land and shall make available to them all relevant information and
data. (8)
The Lands Commission and the Administrator of Stool lands shall co-ordinate
with all relevant public agencies and traditional authorities and
stools in preparing a policy framework of the rational and productive
development and management of stool lands. (9)
Parliament may provide for the establishment of Regional branches
of the office of the Administrator of Stool Lands to perform, subject
to the directions of the Administrator of Stool Lands, the functions
of the Administrator in the region concerned. Protecting
Natural Resources268
(1) Any transaction,
contract or undertaking involving the grant of a right or concession
by or on behalf of any person including the Government of Ghana,
to any other person or body of persons howsoever described, for
the exploitation of any mineral, water or other natural resource
of Ghana made or entered into after the coming into force of this
Constitution shall be subject to ratification by Parliament.
(2)
Parliament may, by resolution supported by the votes of not less than
two-thirds of all the members of Parliament, exempt from the provisions
of clause (1) of this article any particular class of transactions,
contracts or undertakings.269
(1) Subject
to the provisions of this Constitution, Parliament shall, by or
under an Act of Parliament, provide for the establishment, within
six months after Parliament first meets after the coming into force
of this Constitution, of a Minerals Commission, a Forestry Commission,
Fisheries Commission and such other Commissions as Parliament may
determine, which shall be responsible for the regulation and management
of the utilization of the natural resources concerned and the co-ordination
of the policies in relation to them.
(2)
Notwithstanding article 268 of this Constitution, Parliament may,
upon the recommendation of any of the Commissions established by virtue
of clause (1) of this article, and upon such conditions as Parliament
may prescribe, authorise any other agency of government to approve
the grant of rights, concessions or contract in respect of the exploitation
of any mineral, water or other natural resource of Ghana. |