Dacf Administrator Urges Mmdas to Enforce Laws to Curb Flooding

The Administrator of the District Assemblies Common Fund (DACF) has urged Metropolitan, Municipal, and District Assemblies (MMDAs) in Ghana to rigorously enforce existing planning and environmental laws to combat perennial flooding. This call highlights the critical, yet often underutilised, statutory powers vested in MMDAs under legislation such as the Local Governance Act, 2016 (Act 936) and the Land Use and Spatial Planning Act, 2016 (Act 925). The article will delve into the legal framework empowering these local authorities, analyse the challenges hindering effective enforcement, and discuss the implications for legal practitioners and the broader public in Ghana.

Ghana continues to grapple with the devastating consequences of perennial flooding, a crisis that exacts a heavy toll on lives, property, and public health across the nation. In response to this recurring challenge, Mr. Michael Harry Yamson, the Administrator of the District Assemblies Common Fund (DACF), has issued a compelling call to action, urging Metropolitan, Municipal, and District Assemblies (MMDAs) to strictly enforce existing planning and environmental laws. This directive underscores a fundamental issue: the legal framework to address much of the flooding problem is already in place, but its implementation remains a significant hurdle.

Mr. Yamson's appeal, circulated to all MMDAs, emphasises that the solution does not necessarily lie in crafting new legislation but rather in the diligent application of powers already vested in local authorities by the Constitution and various statutes. He specifically referenced the Local Governance Act, 2016 (Act 936), and the Land Use and Spatial Planning Act, 2016 (Act 925), as key instruments empowering MMDAs to take decisive action. This article will explore the specific legal provisions that grant MMDAs the authority to curb flooding, examine the factors contributing to weak enforcement, and outline the implications for legal professionals advising clients or engaging with local governance structures in Ghana.

The legal mandate for local governance in Ghana is primarily enshrined in the Local Governance Act, 2016 (Act 936), which establishes District Assemblies, Metropolitan Assemblies, and District Planning Authorities. This Act vests significant responsibilities in MMDAs, including the overall development of their districts, the promotion of local economic development, the initiation of infrastructure projects, the management of human settlements, and the oversight of environmental management within their jurisdictions. These statutory responsibilities are not merely ceremonial but constitute a direct obligation to ensure orderly development, enforce planning regulations, and protect public safety.

Complementing the Local Governance Act is the Land Use and Spatial Planning Act, 2016 (Act 925), which provides the framework for sustainable land development and human settlements through a decentralised planning system. This Act empowers MMDAs to regulate spatial planning at national, regional, district, and local levels, including the control of physical development. Specifically, it grants MMDAs the authority to issue stop-work orders, abatement notices, and undertake lawful demolition of unauthorised structures that contravene approved plans or are sited illegally, such as on waterways. Building without a permit, for instance, is a criminal offence under Section 117(2) of Act 925, attracting significant penalties.

Furthermore, environmental protection is governed by the Environmental Protection Agency Act, 1994 (Act 490), and the Environmental Assessment Regulations, 1999 (LI 1652). These instruments mandate environmental permits and impact assessments for undertakings likely to have adverse effects on the environment or public health, with the Environmental Protection Agency (EPA) collaborating with MMDAs in discharging its mandate. The District Assemblies Common Fund (DACF), established under Act 936, serves as a crucial financing mechanism for local development, providing resources that should ideally support MMDAs in fulfilling these extensive mandates, including flood mitigation efforts.

Despite the robust legal framework, the perennial flooding in Ghana points to significant challenges in enforcement. The DACF Administrator explicitly stated that weak enforcement, poor coordination, and political interference continue to undermine efforts to protect lives and properties. MMDAs are empowered under Act 936 and Act 925 to control development, manage human settlements, and ensure environmental protection. This includes the power to prevent development on waterways and flood plains, strengthen development control systems, and remove illegal structures. However, reports indicate that urban expansion has significantly outpaced regulatory enforcement, with a low percentage of buildings possessing approved permits and infrequent inspections by MMDAs.

A critical aspect of enforcement relates to building regulations and the indiscriminate siting of structures. Section 117(2) of the Land Use and Spatial Planning Act, 2016 (Act 925), makes it an offence to carry out physical development without a permit, with penalties including fines and imprisonment. This provision, alongside the Local Governance Act, 2016 (Act 936), and the Building Regulations, 2022 (LI 2465), provides MMDAs with the legal teeth to prevent unauthorized construction that obstructs waterways and exacerbates flooding. Yet, the failure to apply these sanctions consistently has led to a culture of impunity, where developers often build ahead of planning schemes.

Further complicating the issue is the division of responsibilities for drainage systems. While MMDAs are responsible for inner-town and community drains, major storm drains and flood control structures fall under the mandate of the Ghana Hydrological Authority and the Department of Urban Roads, as stipulated by the Ghana Hydrological Authority Act, 2022 (Act 1085). This distinction, while legally clear, can lead to coordination challenges and blame-shifting, particularly when MMDAs cite limited funding for sanitation (only 10% of the DACF is allocated to sanitation) as a barrier to undertaking large-scale desilting and maintenance.

The consequences of this enforcement deficit are dire, leading to recurring floods, destruction of property, and significant public health risks, including waterborne diseases like cholera. The lack of proactive measures, such as regular inspections, enforcement of riparian buffer zone regulations, and the integration of flood resilience into Medium-Term Development Plans, contributes to the ongoing vulnerability of communities. The current situation suggests a governance challenge, requiring not only stricter enforcement but also improved institutional coordination and accountability for MMDCEs (Metropolitan, Municipal, and District Chief Executives).

From a comparative law perspective, many jurisdictions with effective flood control mechanisms demonstrate strong, consistent enforcement of spatial planning and environmental regulations, coupled with robust public participation and accountability frameworks. Ghana's challenge is not a lack of laws, but rather the political will and operational capacity to implement them effectively, making the DACF Administrator's call a timely reminder of existing obligations.

The call by the DACF Administrator for MMDAs to strictly enforce existing planning and environmental laws is a critical reminder that the legal tools to combat Ghana's perennial flooding are largely in place. The Local Governance Act, 2016 (Act 936), the Land Use and Spatial Planning Act, 2016 (Act 925), and the Environmental Protection Agency Act, 1994 (Act 490) and its accompanying regulations, provide MMDAs with extensive powers to control development, manage waste, maintain drainage systems, and remove illegal structures. The persistent failure to utilise these powers results in devastating human, economic, and environmental costs, highlighting a fundamental governance and behavioural challenge rather than a legislative void.

For legal practitioners, this situation presents several implications. Attorneys should advise clients on the stringent requirements for development permits and environmental compliance, emphasising the potential for severe penalties, including demolition and criminal prosecution, for non-compliance. Furthermore, the recurring failures of MMDAs to enforce their mandates could open avenues for public interest litigation, where affected citizens or communities might seek remedies for negligence or dereliction of duty by local authorities. Practitioners should closely monitor any increased enforcement actions by MMDAs, as well as legislative or policy reforms aimed at strengthening accountability and inter-agency coordination in flood management. The emphasis must shift from reactive disaster response to proactive, consistent legal enforcement to build truly resilient communities across Ghana.