President Mahama: Tema TMA TDC Directive Affirms Assembly's Authority

• President John Dramani Mahama affirmed the Tema Metropolitan Assembly (TMA) as the highest authority in Tema, directing TDC Ghana Limited to comply with its regulations.
• The directive, issued on August 28, 2026, resolves a prolonged dispute over development control and permitting between the two state institutions.
• The Presidency clarified that TMA is the local planning authority responsible for overall development and issuing permits, while TDC is a commercial real estate developer.
• The President cautioned TMA to exercise its regulatory powers fairly and lawfully, without obstructing legitimate development or TDC's commercial operations.
• TDC's historical mandate from 1952, involving 63 square miles under a 125-year lease, was acknowledged but deemed subordinate to TMA's current regulatory authority.

The directive aims to resolve a protracted disagreement between the two state entities concerning development control and the issuance of permits in Tema.

President John Dramani Mahama has issued a definitive directive affirming the Tema Metropolitan Assembly (TMA) as the paramount political and administrative body within the Tema Metropolis. This presidential intervention, conveyed through a letter from the Office of the President on August 28, 2026, mandates TDC Ghana Limited to adhere strictly to the Assembly’s regulations and statutory powers. The directive aims to resolve a protracted disagreement between the two state entities concerning development control and the issuance of permits in Tema.

The Presidency's communication underscored the TMA's comprehensive mandate, which encompasses the overall development of the metropolis. This includes critical areas such as human settlements, the provision of municipal services, revenue mobilization, and local planning initiatives. The government's stance reinforces the TMA's position as the recognized local planning authority, legally empowered to oversee physical development and grant all necessary development and building permits within its jurisdiction.

The presidential directive follows a significant confrontation that arose from TDC's construction activities at Community One, specifically within Sites 3 and 8 in Tema. The Tema Metropolitan Assembly had previously issued a stop-work order for these projects, subsequently proceeding to demolish portions of the structures, citing the absence of required permits before construction commenced. The TMA consistently argued that TDC's ownership and management of land did not exempt it from complying with established physical planning and development regulations.

TDC, however, contested the Assembly's position, asserting its own independent statutory mandate to plan, lay out, and develop the Tema area, arguing it should not be treated merely as an ordinary private property developer. The company traced its foundational authority back to 1952, when the Tema Development Corporation was established to oversee the creation of the new Tema township and port. TDC highlighted that approximately 63 square miles of land, known as the Tema Acquisition Area, had been acquired from the traditional authorities of Tema, Nungua, and Kpone, and subsequently placed under its management through a 125-year lease. While acknowledging the TMA's authority over physical planning, development control, and municipal administration, TDC maintained that the Assembly's responsibilities must coexist with its own statutory and proprietary interests.

In its clarification, the Presidency explicitly characterized TDC Ghana Limited as a commercially oriented real estate developer, distinguishing it from a municipal, legislative, or planning authority. Consequently, the directive instructs TDC to acknowledge and comply with the Tema Metropolitan Assembly's statutory authority across various domains, including development control, spatial planning, permits, municipal services, rates, fees, and other regulatory matters. This means all projects and activities undertaken by TDC within the Tema Metropolis must now align with the TMA’s regulations and all applicable laws, definitively clarifying the Tema development control authority.

Crucially, the President also issued a caution to the Tema Metropolitan Assembly, emphasizing the importance of exercising its regulatory powers fairly, transparently, and strictly in accordance with legal provisions. The directive stipulates that the TMA must ensure its enforcement of mandates does not unduly impede legitimate development, investment, or the commercial operations of TDC. Furthermore, the directive explicitly states that neither institution should usurp functions legally assigned to the other, aiming for clear delineation in TMA TDC dispute resolution Ghana.

Moving forward, the presidential directive outlines distinct focuses for both entities. The Tema Metropolitan Assembly is expected to concentrate on its core municipal and regulatory mandate, ensuring effective Ghana physical planning Tema. This includes its role in overall development, human settlements, municipal services, revenue mobilization, and local planning, reinforcing the Tema Metropolitan Assembly mandate.

Conversely, TDC Ghana Limited is directed to channel its efforts towards property development and its associated commercial responsibilities, ensuring TDC Ghana Limited compliance with the overarching regulatory framework established by the TMA. This clear division of labor aims to streamline development processes and minimize future jurisdictional conflicts within the Tema Metropolis, fostering a more organized approach to urban growth.

This presidential directive definitively clarifies the regulatory authority for physical development and permitting within the Tema Metropolis, affirming the Tema Metropolitan Assembly's supremacy over TDC Ghana Limited. Lawyers advising on real estate or development projects in Tema must now ensure strict compliance with TMA's regulations and permitting processes to mitigate legal risks and avoid project disruptions.

Source: Original reporting via Albert Kuzor