President John Dramani Mahama has directed TDC Ghana Limited to recognise and comply with the statutory authority of the Tema Metropolitan Assembly (TMA) in matters of municipal administration, spatial planning and development control within the Tema Metropolis.
The directive follows an ongoing dispute between the two institutions over their respective mandates and responsibilities in the planning and development of Tema.
President Mahama, in a letter conveying his position on the matter, affirmed that the TMA remains the highest political and administrative authority within the Tema Metropolis.
He said the Assembly derives its mandate from the 1992 Constitution and the Local Governance Act, 2016 (Act 936), which entrusts it with 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.
The President also pointed to the Land Use and Spatial Planning Act, 2016 (Act 925), under which the TMA serves as the relevant local planning authority responsible for regulating physical development and processing development and building permit applications within its jurisdiction.
In the letter signed by Secretary to the President, Dr Callistus Mahama, the government stressed that TDC’s role as a commercially oriented real estate developer does not extend to municipal or regulatory functions.
“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.
President Mahama consequently instructed TDC to respect TMA’s constitutional and statutory mandate, particularly in relation to development control, spatial planning, permitting, municipal services, rates, fees and other lawful regulatory requirements.
The President, however, cautioned the Assembly against abusing its regulatory powers, directing TMA to exercise its mandate fairly, transparently and strictly within the confines of the law.
He further warned that the Assembly’s authority must not be exercised arbitrarily or in ways that unnecessarily impede legitimate development, investment or the commercial activities of TDC.
The government has directed both institutions to refrain from performing functions legally assigned to the other. While TMA is expected to retain its municipal and regulatory responsibilities, TDC is to concentrate on its commercial property development activities and related functions.
As part of efforts to resolve the impasse, the Ministers for Works, Housing and Water Resources and Local Government, Chieftaincy and Religious Affairs have been tasked to develop a clear administrative and operational framework governing the relationship between TMA and TDC.
The framework will address issues including development permits, infrastructure coordination, revenue obligations, information sharing, dispute resolution and regular engagement between the two institutions.
Both TMA and TDC have also been directed to immediately halt actions, public statements and media engagements that could further escalate the dispute.
The two ministers are expected to bring together the leadership of TMA and TDC and submit the agreed framework, alongside a report on the outstanding issues and their proposed resolution, to President Mahama within 14 days.
President Mahama has further warned that any renewed institutional confrontation, public dispute or refusal by either side to comply with the directive will be treated seriously.
