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By: Sebbie, Edward Graham
Government has affirmed the Tema Metropolitan Assembly as the sole planning and development authority in the Tema Metropolis, directing TDC Ghana Limited to submit to its regulatory control.
In a directive issued at the instruction of President John Dramani Mahama to resolve the escalating impasse between the two state institutions, Government said a review of the constitutional and statutory mandates settles the matter in favour of the TMA.
According to the directive, the TMA, as a Metropolitan Assembly established under the 1992 Constitution and the Local Governance Act, 2016 (Act 936), is the highest political and administrative authority within the Tema Metropolis. It is responsible for overall development, management of human settlements, provision of municipal services and mobilization of revenue.
Crucially, Government stressed that the TMA is also the relevant local planning authority under the Land Use and Spatial Planning Act, 2016 (Act 925), with responsibility for regulating physical development and considering applications for development and building permits within its jurisdiction.
TDC Ghana Limited, on the other hand, is described as a limited liability company operating as a commercially oriented real estate developer. While its historical contribution to the planning and development of Tema is acknowledged, Government said its current corporate status does not confer municipal, legislative, regulatory, or spatial planning authority.
“Its activities within the Tema Metropolis are therefore subject to the Constitution and all applicable enactments, by-laws, planning requirements and lawful regulatory processes administered by the TMA,” the directive stated.
The clarification comes after weeks of confrontation at Community One, Site Three, where TMA ordered TDC to suspend an infilling housing project and demolished portions of the works, arguing the project was without a development permit and followed petitions from residents over felling of trees, encroachment on playgrounds and green belts, and obstruction of access routes.
TDC had maintained it was operating under a longstanding government-to-government arrangement where it undertook developments without permits from assemblies, while TMA insisted ownership of land did not confer planning power.
In its bid to end the standoff, government has directed that:
a. TDC shall recognise and comply with the constitutional and statutory authority of the TMA in all matters relating to development control, spatial planning, permitting, municipal services, rates and fees;
b. TMA shall exercise its authority fairly, transparently and strictly in accordance with law, and not arbitrarily obstruct legitimate development or commercial operations of TDC;
c. Neither institution shall assume functions legally assigned to the other — TMA retains its municipal and regulatory mandate, while TDC concentrates on its commercial property development responsibilities;
d. The Ministers for Works, Housing and Water Resources and Local Government, Chieftaincy and Religious Affairs shall jointly establish an administrative and operational framework defining roles, including mechanisms for permitting, infrastructure coordination, revenue obligations, information sharing and dispute resolution and;
e. All ongoing actions, public statements and media engagements likely to aggravate the impasse must cease forthwith.
The two Ministers have been tasked to convene the leadership of TMA and TDC immediately and submit the agreed operational framework, together with a report on outstanding matters, to the President within fourteen days.
“The President expects both institutions to cooperate fully, any further institutional conflict, public confrontation or refusal to comply with this directive will be viewed seriously,” the statement added.
