Editorial: The Chaos In Our Land Administration System Must Be Checked

Stakeholders in the land sector have said that the lack of enforcement of provisions in the Land Act, 2020 (Act 1036) was a major catalyst for corruption in the sector, according to a graphiconline.com report.

At a forum on Land and Corruption in Africa, organised under Transparency International’s initiative, experts noted that the main challenge lies in the lack of enforcement of the law. They explained that although Act 1036 introduced substantive reforms to ensure transparency, accountability and fair processes in land acquisition, these provisions remain weakly implemented.

The stakeholders pointed to the absence of proper monitoring systems, poor record-keeping and complicity by some officials of the Lands Commission as major drivers of corruption in the sector.

The Land Act, 2020 consolidated most of the laws on land administration, placing fiduciary responsibility on chiefs to deal with land fairly and transparently, while also requiring traditional councils to establish customary land secretariats to keep proper records. The Act also criminalises multiple land sales, land-guard activities and intimidation of legitimate landowners.

First of all, we have turned a blind eye to the chaos in our land administration for a very long time. Before we go to it, let us even look at the recent demolition of properties built on some Ramsar sites in Tema and other areas is more than an unfortunate incident for those who lost their investments. How did individuals acquire permits and documents to build on protected wetlands? Were they ignorant of the fact that these were Ramsar sites or were they deliberately misled by corrupt officials and middlemen? Either way, the situation exposes a deep rot in the management of our lands.

The truth is that corruption within the land sector has become systemic and the very institution meant to regulate land transactions is often implicated. Citizens are lured into purchasing land from wrong persons and in some instances documents are signed and stamped by officials of the Lands Commission. This is not mere negligence but a betrayal of public trust.

The Land Act, 2020 (Act 1036) was hailed as a game changer. It consolidated previous land laws and introduced major reforms to protect citizens and ensure fair processes. Chiefs are bound by fiduciary duty to manage land in a transparent manner. Traditional councils are required to set up customary land Secretariats to ensure accountability. The Act also criminalises multiple land sales, land-guard activities and any form of intimidation in land disputes. On paper, these are strong reforms. Yet the lack of enforcement has rendered them almost meaningless.

The loopholes are glaring. There is weak coordination between agencies. Record-keeping remains poor. Enforcement is selective, often targeting ordinary citizens while shielding the powerful. Some chiefs flout their fiduciary duties with impunity, selling the same plot to multiple buyers. Others connive with private actors to sell restricted lands such as Ramsar sites and buffer zones, leaving victims stranded after investing their life savings in properties that end up demolished.

The human cost of this corruption is devastating. The country loses valuable wetlands and forest reserves that are crucial for climate resilience. Trust in state institutions erodes when people realise that even official documents do not guarantee ownership.

The question then is: where does accountability begin? The Lands Commission cannot continue to absolve itself. If fraudulent documentation can be issued by its own officers, then internal corruption must be rooted out. Chiefs and traditional leaders must also be held accountable for breaching their fiduciary duties.

Ultimately, reform must go beyond laws on paper. Government must invest in modern land administration systems, including digital records that are tamper-proof. Independent oversight bodies must be empowered to monitor transactions. Offenders, no matter their status, must be prosecuted to serve as a deterrent.

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