TDC Ghana Ltd has firmly defended its legal authority to undertake development projects within Tema. The corporation insists its mandate to plan, lay out, and develop the city predates the establishment of the Tema Metropolitan Assembly (TMA).
This clarification addresses an ongoing dispute concerning an infilling housing project at Community One, Site Three. The disagreement has sparked public debate over planning approvals, land use, and the distinct roles of the two institutions. TDC argues it should not be treated as a private developer subject to the Assembly's discretion.
The dispute highlights a critical aspect of urban governance and land management in Ghana. Clear delineation of responsibilities between statutory corporations and local government bodies is essential for efficient development. This situation affects property rights, investment decisions, and the overall economic landscape of Tema, a major industrial hub.
TDC stated its role in Tema's development is rooted in statutory provisions dating back more than seven decades. The Tema Development Corporation was established in 1952 under the Tema Development Corporation Ordinance. This was part of the government's plan to develop the new Tema township and port.
Approximately 63 square miles of land, known as the Tema Acquisition Area, were compulsorily acquired by the state. This land was placed under TDC’s management through a 125-year lease arrangement. TDC was entrusted with planning, laying out, and developing the township. This led to Tema's transformation into an industrial and residential city.
The company emphasised that the local government authority, which later became the Tema Metropolitan Assembly, was established years after TDC began its work. It argues the Assembly neither created nor granted TDC its development mandate. This historical context is crucial for understanding the current legal positions.
Addressing the legal framework, TDC referred to the Tema Development Corporation (Amendment) Instrument, 1989 (L.I. 1468). This law transferred only certain municipal responsibilities to the Assembly. These included road maintenance, public buildings, markets, sewerage systems, parks, and gardens.
TDC maintained that this amendment did not remove its central responsibility to plan, lay out, and develop the Tema area. It retained powers to execute housing schemes and develop industrial and commercial sites. The corporation argues that municipal responsibilities assigned to the Assembly should not override its development mandate.
The company also pointed to a history of collaboration between TDC and local assemblies. A Joint Technical Evaluation Committee previously processed development permit applications. This committee addressed potential overlaps in responsibilities. This arrangement recognised distinct but complementary mandates, requiring consultation and technical coordination.
Reforms introduced in 2017 under the Statutory Corporations (Conversion to Companies) Act converted TDC into a limited liability company. This conversion preserved its original functions. It also broadened its operational scope, enabling it to acquire land for real estate development. TDC can now undertake planning and construction of towns and cities both within and outside Ghana.
TDC maintains its statutory role has expanded rather than diminished over time. It called for disputes relating to development activities within the Tema Acquisition Area to be addressed through cooperation, dialogue, and mutual respect. This approach is vital for ensuring orderly urban development and attracting further investment.
The statement comes ahead of a meeting convened by President John Dramani Mahama. This meeting will involve TDC, the Tema Metropolitan Assembly, and relevant ministries. Its purpose is to address concerns surrounding the Community One, Site Three project and determine the way forward. The outcome will significantly influence future urban planning and development governance in Ghana.