MMDCEs who approve buildings on waterways will lose their jobs – Linda Ocloo warns

The Greater Accra Regional Minister, Linda Ocloo, has issued a stern warning that Metropolitan, Municipal, and District Chief Executives (MMDCEs) who approve building permits for construction on waterways will face removal from office. This declaration underscores the government's intensified efforts to combat perennial flooding, particularly in the Greater Accra Region, by holding local government officials accountable for lapses in development control. The legal framework in Ghana, primarily the Land Use and Spatial Planning Act, 2016 (Act 925) and the Local Governance Act, 2016 (Act 936), vests significant planning and enforcement powers in District Assemblies, making MMDCEs central to ensuring compliance with building regulations and environmental protection. The warning highlights a critical juncture in Ghana's urban development, emphasizing the need for strict adherence to spatial planning laws to mitigate disaster risks.

Ghana's persistent struggle with urban flooding, particularly in the Greater Accra Region, has brought the issue of unauthorized construction on waterways to the forefront of national discourse. In a significant move, the Greater Accra Regional Minister, Linda Ocloo, has publicly declared that any Metropolitan, Municipal, or District Chief Executive (MMDCE) found to have authorized construction on waterways will be removed from office. This warning signals a heightened commitment from the government to enforce existing planning and environmental laws and hold local government officials directly responsible for their roles in perpetuating flood risks.

This pronouncement comes amidst growing public concern and calls for accountability following devastating floods that have resulted in loss of life, displacement, and extensive damage to property and infrastructure. The Minister's stance emphasizes that officials who approve developments in unauthorized areas, especially those that obstruct natural water flow, will not be spared. This article delves into the legal framework underpinning development control in Ghana, the powers and responsibilities of MMDCEs, and the implications of this resolute warning for local governance and sustainable urban development.

The legal framework governing land use, spatial planning, and local governance in Ghana is primarily enshrined in several key statutes. Central to this is the Land Use and Spatial Planning Act, 2016 (Act 925), which revised and deepened the laws on land use and spatial planning, establishing the Land Use and Spatial Planning Authority (LUSPA) to ensure judicious use of lands and sustainable development. This Act decentralizes planning to the District Assemblies, making them the primary planning authorities.

Complementing Act 925 is the Local Governance Act, 2016 (Act 936), which consolidates laws relating to local government and defines the functions of District Assemblies. Under Act 936, each District Assembly is established as the planning authority for its area, with powers to regulate physical development. Further, the National Building Regulations, 1996 (L.I. 1630), reinforces these provisions by setting prerequisites for construction activities and establishing standards for the erection, alteration, or extension of buildings. These regulations mandate that building permits must be obtained from the local municipal authority before construction can commence, ensuring compliance with building codes and safety requirements. The Water Resources Commission Act, 1996 (Act 522), also plays a crucial role by regulating the use and management of water resources and prohibiting interference or pollution of water bodies beyond prescribed levels.

The warning issued by the Greater Accra Regional Minister is firmly rooted in the statutory powers and responsibilities vested in MMDCEs and their respective District Assemblies. The Land Use and Spatial Planning Act, 2016 (Act 925), explicitly grants District Assemblies absolute power over physical development within their jurisdictions. Section 113 of Act 925 empowers assemblies to demolish unauthorized structures and recover costs from developers, while also mandating the preservation of green spaces, wetlands, and natural corridors. Similarly, the Local Governance Act, 2016 (Act 936), reinforces this by stating in Section 106 that no person shall execute any physical development without a permit from the District Planning Authority. It expressly forbids construction that poses a public health risk, alters natural watercourses, or creates environmental hazards.

MMDCEs, as the political and administrative heads of District Assemblies, are central to the approval process for building permits and the enforcement of planning regulations. Their role involves overseeing the District Planning Authority, which is mandated by L.I. 1630 to implement building regulations. Therefore, an MMDCE's authorization of construction on waterways directly contravenes these established laws and regulations. The President of Ghana has the constitutional power to appoint MMDCEs, as per Article 243(1) of the 1992 Constitution, and consequently, the power to remove them from office. This power is further articulated in Section 10(9)(a) of the Local Governance (Amendment) Act, 2017 (Act 940), which provides the legal basis for such revocations.

However, the effective implementation of these laws has historically been hampered by challenges such as corruption, bureaucratic procedures, inadequate resources, and political interference. Research indicates that professionals who compromise the National Building Regulations should be sanctioned, and public education on these regulations needs enhancement. The Environmental Protection Agency (EPA), established under the Environmental Protection Act, 1994 (Act 490), and recently updated by the Environmental Protection Act, 2025 (Act 1124), is the primary regulatory body responsible for enforcing environmental protection laws and ensuring compliance with environmental assessment protocols, including those related to water bodies. Their collaboration with District Assemblies is crucial in controlling pollution and ensuring sustainable land use. The ongoing discussions and proposed amendments to the Local Governance Act, including plans for the direct election of MMDCEs, could introduce new accountability mechanisms, potentially altering the dynamics of their removal from office in the future.

The issue of building on waterways is not merely an administrative oversight but a significant contributor to the country's flood disasters. Experts consistently highlight that poor enforcement of planning laws has allowed structures to encroach on waterways, worsening flood risks. The call for prosecution of complicit officials and strict enforcement of regulations, rather than compensation for illegal structures, is gaining traction among professional bodies and the public.

The unequivocal warning from the Greater Accra Regional Minister signals a critical shift towards enforcing accountability within Ghana's local governance structure regarding spatial planning and environmental protection. For legal practitioners, this development underscores the increasing legal risk associated with non-compliance with planning and building regulations, not only for developers but also for public officials involved in the approval process. Attorneys advising clients on real estate development must emphasize rigorous due diligence to ensure projects adhere strictly to the Land Use and Spatial Planning Act, 2016 (Act 925), the Local Governance Act, 2016 (Act 936), and the National Building Regulations, 1996 (L.I. 1630), particularly concerning construction near waterways and flood-prone areas.

This renewed focus on enforcement presents both challenges and opportunities. While it may lead to increased scrutiny and potential legal action against non-compliant projects and officials, it also offers a pathway towards more sustainable urban development and reduced flood vulnerability. Practitioners should closely monitor the implementation of these directives and any related legal reforms, including the proposed amendments to the Local Governance Act, which could further strengthen accountability mechanisms for MMDCEs. The era of impunity for approving illegal structures on waterways appears to be drawing to a close, demanding a proactive and compliant approach from all stakeholders in Ghana's built environment.