Minister for Lands and Natural Resources, Samuel Abdulai Jinapor, has issued a terse warning government will not hesitate to invoke the criminal provisions of Act 1036 against encroachers of public lands.
Such a course of action, he said, will be in the public interest and appealed to the House to throw its full weight behind the government.
Mr. Jinapor underscored that since the coming into force of Act 1036, encroachment of public lands is a criminal offence punishable by a fine of up to 2,000 units, and a term of imprisonment of up to 3 years.
Mr. Abu Jinapor issued the warning during question time in Parliament when the member for Sissala West, Mohammed Adams Sukpuru questioned the Minister on the measures the Ministry is putting in place to prevent encroachment of state lands.
According to him, the issue of encroachment of public lands is widespread due to several years of inaction because public authorities responsible for the lands in compulsorily acquired lands often do not take the legal steps necessary to evict the encroaches as observed by Justice Date-Baah in the case of Memuna Moudy v Antwi [2003-2004] 2 SCGLR 967.
He indicated that the Ministry of Lands and Natural Resources, in collaboration with the Lands Commission is taking every step necessary to move away from this practice.
The Lands Commission, he said, is undertaking an inventory of public lands, including those that have been encroached upon, to ensure maximum protection of these lands.
He said, “Mr Speaker, section 236 of the Land Act 2020 (Act 1036) enjoins the Land Commission or any agency for whose benefits lands has been acquired, to take the necessary steps to recover the land from encroachment. This includes using reasonable force to eject encroachers from the land, and demolish any structure on the land.”
“In accordance with this statutory provision, the Lands Commission, in collaboration with the Ghana Police Service, has undertaken a number of operations to recover encroached public lands.”
He Minister indicated the Commission is also working with the Ghana Police Service to provide protection for all public lands and prevent them from further encroachment.
He added that adequate logistics are being provided to the Ghana Police Service, through this collaboration, to undertake regular patrols and improve visibility on public lands to deter encroachers.
“Additionally, the Ministry of Lands and Natural Resources has constituted a Public Lands Protection Team, chaired by the Deputy Minister for Lands and Natural Resources and Member of Parliament for Atwima Nwabiagya North, Hon Benito Owusu-Bio, to support the efforts of the Lands Commission and the Ghana Police Service in the protection of public lands.”
“We are also engaging Ministries, Departments and Agencies (MDAs) as well as Metropolitan, Municipal and District Assemblies (MMDAS), to take steps to protect lands acquired for their use, or which fall within the jurisdiction of the Assemblies.”
He averred that Public lands are, by article 257(1) of the national Constitution, the property of the people of Ghana, vested in the President of the Republic.
According to him, In the exercise of this fiduciary duty, the President, through the Ministry of Lands and Natural Resources, is committed to working with all stakeholders to protect public lands for the benefit of the Ghanaian people.
The Ministry, he said, is continuing with public education on these provisions of the law as a way of preventing further encroachment.