Elmina, Dec. 7, GNA - The Minister of Local Government and Rural Development, Mr Kwadwo Adjei-Darko, on Saturday, noted that with the powers vested in chiefs, with regard to land administration, governance and development at the local level, will be seriously hampered, if the right relationships are not developed between them and district assemblies, which are the planning authorities.
He said some of the key concerns of government, are how chiefs could effectively influence the process of district development planning, and that as custodians of the land, they are expected to help the assemblies produce proper layout for towns and villages and communities, and even, farmlands.
The Minister, stated these in a speech at a just ended day's 'tripartite review seminar on chieftaincy and good governance, on the theme " strengthening the chieftaincy institution to enhance its performance", held at Elmina.
It was organised by the National House of Chiefs as a Follow-up to a tripartite seminar held at Kumasi in 2001, to deliberate on issues pertaining to the welfare of the institution and how best it could enhance its role in nation building.
The participants, were representatives of the various Regional Houses of Chiefs, some Members of Parliament and researchers and consultants at the chieftaincy secretariat.
He explained that this is not to say, that the government is up to take over the land, but that it is about "injecting sanity and discipline into the country's land administration system."
He reiterated that chiefs are frontline stakeholders in the local government system and have a vital role in enhancing good governance in the country, and that right from the decentralised structure, from the region down to the unit committee level, chiefs are by legislation, directly or indirectly part of the system.
The Minister, who spoke on "the relationship between traditional authorities and the district assembly, cited among others, the consultation of chiefs and their representation, in the district assemblies, as well their membership on regional coordinating councils as indications of their involvement in the governing system.
According to the Minister, the 1992 constitution and the Chieftaincy Act of 1971, confer specific role on chiefs, which is linked to the process of national development, in the vital areas of land administration and customary law practices.
He told the chiefs that the elimination of outmoded and negative customary practices, is an aspect of their national obligations and responsibilities which should in no way, be marginalized, as it touches the "very core of the Ghanaian social fabric".
The institution of chieftaincy, he said, is therefore, inextricably linked with governance at the local level and national development at large, and in this regard, expressed concern about the "controversial" and nagging issue of the application of stool lands revenue.
He gave a break down of the current system of the disbursement of the revenue, of which 10 per cent is paid to the office of the administrator of stool lands, 25 and 20 per cent respectively, to the stool and the traditional authority, and 55 to the district assembly.
He expressed the view that if the revenue was properly applied as stipulated, there should be no reason for any grievance and discontent and that it should be possible for all beneficiaries to realise their programmes.
The President of the Ghana Academy of Arts and Sciences, and Omanhene of Asante-Asokore, Nana Susubiribi Krobea Asante, who dwelt on "the constitution and administration of stool lands", observed that the new constitutional dispensation promises a more liberal regime for stool lands, particularly with respect to the unequivocal vesting of such lands in the appropriate stools in trust for the subjects.
He however, regretted that the incidents of this ownership, are blunted not only by persistence of old, intrusive legislation and administrative practices, but also by the enactment of new legislation which appears to contravene the constitution protections for these lands.
He said, apart from the enactment of the Lands Commission Act, pursuant to the constitutional provisions on the Lands Commission, the Administration of Stool Lands Act and a host of the old laws regulating stool lands, still remain in the statute books.
These laws, he said, are not only repugnant to the constitution, but inimical to sound economic management of stool lands.
Touching on the application of stool lands revenue, he noted that no provision in the constitution empowers the forestry commission or the sector Minister to appropriate substantial parts of this revenue,(60 per cent) and that this constitutional "breach" is accentuated by the fact that the said appropriation is not in general public interest, but for the Commission's own purposes.
The Omanhene, said the fundamental issues confronting the administration of stool lands, and which needed to be examined, include, to what extent have government departments and public institutions administered stool lands and their revenues in the best interest of the beneficiaries, namely, stools and their subjects.
He pointed out that although there has been some incidence of breach of trust or inept administration on the part of some traditional authorities in the past, it is "na?ve" to proceed on the basis that the solution lies in the administration of lands by state bureaucracies.
"The frustrations encountered by domestic and foreign investors in processing land acquisitions at various state agencies, will dispose of any facile assumptions about the efficacy of state management of lands", he stressed.
According to him, what traditional rulers need from state agencies with regard to the administration of their lands, generally, is not deprivation or stifling controls, but sound technical advice and support in harnessing the resources for the benefit of the entire community.
The Minister of Justice and Attorney-General, Papa Owusu-Ankomah, whose speech dwelt on "chieftaincy act-status of amendment", briefed the seminar on the provisions of a new Chieftaincy Bill, being drawn up, to "consolidate" the Chieftaincy Act of 1971(Act 370) as amended.
He told the chiefs that the Bill, is divided into 10 parts that deal with issues pertaining to the chieftaincy institution at all its levels of administration, and other matters affecting the institution, such as the tenure of office for the Presidents of the National and Regional Houses of Chiefs and other executive members, from three to four years.
He disclosed that proposals, have for instance, also been made for a novel idea for a Presidency of joint traditional councils, on a two-yearly rotational alphabetical order of stool or skin name basis, by the National House of Chiefs.
This, he said, is to enable the participation by all the paramount chiefs, without the conduct of elections, adding that the arrangement in respect of the Kumasi traditional area, however remain unchanged.
The Minister, agreed with a suggestion by Nananom that a new offence be listed in the bill, that if any person who is not a chief, arrogates to himself a position which he is not entitled to by custom, that person commits an offence.
He however, did not agree with a suggestion by Nananom that they consider that the High courts have often been used to breach the spirit of the constitution intended to insulate the regular courts from chieftaincy disputes, and that the bill should therefore, prohibit a chief from being charged with contempt for any statement or act done in good faith in relation to valid or legitimate customary proceeding or practices.
Mr Owusu-Ankomah, explained that this would amount to ousting the jurisdiction of the courts contrary to article 125(5) of the constitution, and "cannot be supported", adding that each case should be dealt with, taking into consideration its peculiarity.
He assured the chief that copies of the revised draft bill would be made available to them through the chieftaincy secretariat for their perusal.
