By Iddi Yire, GNA
Accra, Sept. 03, GNA – President John Dramani Mahama has in his response to the continuing impasse between the Tema Metropolitan Assembly (TMA) and TDC Ghana Limited (TDC), reaffirmed that the Assembly is the highest political and administrative authority within the Tema Metropolis.
He therefore instructed TDC Ghana Limited to comply with the Assembly’s regulations and statutory powers.
A statement issued by Dr Callistus Mahama, the Executive Secretary to the President titled “Government’s Position on the Impasse between the Tema Metropolitan Assembly and TDC Ghana Ltd,” said following a review of the constitutional and statutory mandates of the two institutions, the Government affirms that the TMA, as a Metropolitan Assembly established under the 1992 Constitution and the Local Governance Act, 2016 (Act 936), was the highest political and administrative authority within the Tema Metropolis.
It noted that TMA was responsible for the overall development of the Metropolis, the management of human settlements, the provision of municipal services, and the mobilisation of revenue through rates, fees, taxes, and duties prescribed by law.
The statement also reaffirmed 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.
It noted that TDC Ghana Limited, on the other hand, was a limited liability company operating as a commercially oriented real estate developer.
The letter said while its historical contribution to the planning and development of Tema was acknowledged, the TDC’s current corporate status does not confer municipal, legislative, regulatory, or spatial planning authority on it.
It said TDC’s activities within the Tema Metropolis were therefore subject to the Constitution and all applicable enactments, by-laws, planning requirements and lawful regulatory processes administered by the TMA and other competent public authorities.
The statement said accordingly, the government had directed that 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, fees and other lawful regulatory requirements within the Tema Metropolis.
It said TMA shall exercise its authority fairly, transparently, and strictly in accordance with the law, advising that its regulatory powers must not be applied arbitrarily or in a manner that unnecessarily obstruct legitimate development, investment or the commercial operations of the TDC; unnecessarily obstructing legitimate development, investment or the commercial operations of the TDC.
It said neither of the institutions shall assume or exercise functions legally assigned to the other, and that TMA shall retain its municipal and regulatory mandate, while TDC shall concentrate on its commercial property development and related responsibilities;
The statement said the Ministers for Works, Housing and Water Resources and Local Government, Chieftaincy and Religious Affairs, shall jointly establish an administrative and operational framework clearly defining the respective roles, responsibilities and working relationship between TMA and TDC.
The statement said the framework shall include mechanisms for development, permitting infrastructure coordination, revenue obligations, information sharing, dispute resolution, and periodic engagement between the two institutions.
It said all ongoing actions, public statements and media engagements likely to aggravate the impasse shall cease immediately.
It said the leadership of both institutions was required to cooperate fully with the two sector ministries and conduct itself in a manner consistent with the collective responsibility of the Government.
It said the two Ministers were requested to convene the leadership of 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 of the date of this letter.
The statement said the President expected both institutions to cooperate fully in bringing this matter to an immediate and lasting conclusion, adding that any further institutional conflict, public confrontation or refusal to comply with this directive would be viewed seriously.
GNA
Edited by Christabel Addo