The Presidency has affirmed the supremacy of the Tema Metropolitan Assembly (TMA) over TDC Ghana Limited in municipal and spatial planning matters, directing the relevant sector ministers to establish a clear pathway towards a permanent resolution of the longstanding institutional dispute.
The directive follows a review by the Presidency of the constitutional and statutory mandates of the two institutions.
The Presidency stated that the TMA, 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 said the Assembly is responsible for the overall development of the metropolis, management of human settlements, provision of municipal services and mobilisation of revenue through rates, fees, taxes and other lawful charges.
The Presidency further recognised the TMA as 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, was described as a commercially oriented real estate developer, with the Presidency acknowledging its historical contribution to the planning and development of Tema.
However, it emphasized that TDC’s current corporate status does not confer municipal, legislative, regulatory or spatial planning authority on the company.
The Presidency consequently directed TDC to recognise and comply with the constitutional and statutory authority of the TMA in matters relating to development control, spatial planning, permitting, municipal services, rates, fees and other lawful regulatory requirements within the Tema Metropolis.
At the same time, the TMA has been directed to exercise its authority fairly, transparently and strictly in accordance with the law, without applying its regulatory powers arbitrarily or in a manner that unnecessarily obstructs legitimate development, investment or the commercial operations of TDC.
The Presidency said neither institution should assume or exercise functions legally assigned to the other.
While the TMA is to retain its municipal and regulatory mandate, TDC is expected to focus on its commercial property development and related responsibilities.
Ministers tasked to provide permanent pathway
In a significant step towards resolving the dispute, the Presidency has directed the Ministers for Works, Housing and Water Resources and Local Government, Chieftaincy and Religious Affairs to jointly establish an administrative and operational framework clearly defining the respective roles, responsibilities and working relationship between the TMA and TDC.
The framework is expected to address development permitting, infrastructure coordination, revenue obligations, information sharing, dispute resolution and periodic engagement between the two institutions.
The two ministers have been directed to convene the leadership of the TMA and TDC immediately and submit the agreed operational framework, together with a report on the resolution of all outstanding matters, to the President within 14 days.
The Presidency has also directed both institutions to cease ongoing actions, public statements and media engagements that could aggravate the impasse.
It expects their leadership to cooperate fully with the two sector ministries and conduct themselves in a manner consistent with the collective responsibility of government.
The President further warned that any future institutional conflict, public confrontation or refusal to comply with the directive would be viewed seriously.
The directive is expected to move the TMA-TDC dispute beyond competing claims of authority towards a clearly defined institutional relationship anchored in law, administrative procedures and mechanisms for resolving future disagreements.
By: NR NEWS
