President John Dramani Mahama has affirmed the Tema Metropolitan Assembly (TMA) as the highest political and administrative authority within the Tema Metropolis, amid an ongoing impasse between the Assembly and TDC Ghana Limited.
According to him, TMA’s authority is derived from the 1992 Constitution and the Local Governance Act, 2016 (Act 936), giving it responsibility for the overall development of the metropolis, management of human settlements, provision of municipal services and mobilisation of revenue through legally prescribed rates, fees, taxes and duties.
He further stated that TMA is the relevant local planning authority under the Land Use and Spatial Planning Act, 2016 (Act 925). This gives the Assembly responsibility for regulating physical development and considering applications for development and building permits within its jurisdiction.
In a letter conveying the President’s position on the dispute, Secretary to the President, Dr. Callistus Mahama, said TDC Ghana Limited’s status as a commercially oriented real estate developer does not confer municipal, legislative, regulatory or spatial planning authority on the company.
“While its historical contribution to the planning and development of Tema is acknowledged, its current corporate status does not confer municipal, legislative, regulatory, or spatial planning authority,” the letter stated.
He consequently directed TDC to recognise and comply with TMA’s constitutional and statutory authority in matters relating to development control, spatial planning, permitting, municipal services, rates, fees and other lawful regulatory requirements within the metropolis. However, the President cautioned TMA to exercise its authority fairly, transparently and strictly in accordance with the law.
He maintained that the Assembly’s regulatory powers must not be applied arbitrarily or in a manner that unnecessarily obstructs legitimate development, investment or the commercial operations of TDC. Government has also directed that neither institution should assume or exercise functions legally assigned to the other.
While TMA is to retain its municipal and regulatory mandate, TDC is expected to focus on its commercial property development and related responsibilities.
The Ministers for Works, Housing and Water Resources and Local Government, Chieftaincy and Religious Affairs have consequently been tasked to establish an administrative and operational framework clearly defining the respective roles and working relationship between TMA and TDC.
The framework is expected to cover development permitting, infrastructure coordination, revenue obligations, information sharing, dispute resolution and periodic engagement between the two institutions. The government has further directed both institutions to immediately cease ongoing actions, public statements and media engagements that could aggravate the impasse.
The two Ministers are to convene the leadership of TMA and TDC and submit the agreed operational framework, together with a report on the resolution of outstanding matters, to the President within 14 days. The President has warned that any further institutional conflict, public confrontation or refusal to comply with the directive will be viewed seriously.
