MMDCE’S Can’t Unilaterally Sign Documents Binding On The District Assembly-Local Gov’t Expert Nana Kofi Senya

By:brightwebtv.com/Martin Awuku

A three time Presiding Member of the Kumasi Metropolitan Assembly (KMA), Nana Kofi Senya has stressed no Metropolitan, Municipal or District Executive has the power to unilaterally sign documents binding on the assembly.

Speaking in interview with OTEC fm’s Isaac Nsiah Foster, Hon Nana Kofi Senya who is also Assembly member for New Suame electoral area disclosed section 4 of the local government Act requires all Metropolitan Municipal and District Assemblies (MMDAS), to be a corporate body with a perpetual succession with a Common Seal that can sue and be used in it’s own cooperate name.

He further stressed the legislative functions of this matter resides in the Board of Directors which have the legal responsibilities to endorse policies and any binding documents that would or could have legal implications on the District Assembly.

Adding the Common Seal is used solely on Resolutions and Documents binding on the District Assembly as captured in Part 17 Order 59. of local government Act 936 which according to him it reads the signatures of both the Presiding Member and the Co _ ordinating Director who doubles as the Secretary to the Assembly shall authenticate the common seal as the legitimate documents or policies of the District Assembly same as enshrined in the Part 17 Order 64 of the Assembly’s Standing Orders.

“All Resolutions and Documents binding on the District Assembly shall be approved or rectified at the meeting of the District Assembly for the purpose of documentation or the minutes of the Assembly meeting that could be used as prima facie evidence in any court of Ghana as stipulated in the Part 14 Order 54( 1)of the Standing Orders of the Assembly” Nana Senya hinted.

PERMITS OF THE ASSEMBLY.
On Issuance of Permit to Carry out Physical Development states in Act 936 Section 91.(1) of the local government Act, that a person shall not carry out a physical development in a district except with a prior written approval in the form of a written PERMIT issued by the District Planning Authority, (2) The District Planning Authority may approve an application referred to in subsection (1) that before the adoption of an approved District development plan for the District. (3) The District Planning Authority shall consult public agencies and local communities as may be prescribed by regulations issued by the Sector Minister in the determination of an application for a permit to develop prior to the adoption of an approved District development plan, he quoted

According to him the mandate of signing and issuing permits have not been given out yet by the Development planning authority but permits are being issued left, right and centre.

Nana Senya therefore called on Honourable Assembly members, across the country to pull the bull by the horns, or in effect, be up and doing in ensuring that the structures work in accordance with the laid down procedures and regulations of the letter.
“Hence, we the Assembly members, as by law established, must be concerned with the development planning as a function is handled technically by professionals within the Assembly system”, Hon Senya said.

“However, noted as a member of the local legislature, the Assembly Member takes part in giving approvals to such plans”, he continued.

Nana Senya then explained the Assembly Member is required to bring notice of the Assembly any proposed or perceived developmental plan of his or her electoral area for consideration or inclusion in the District Developmental Plan.

Adding the Assembly Member is also required to ensure that the approved layout exists in the area and to help check unauthorized development, encroachment and environmental degradation.

By Isaac Nsiah Foster