1. Introduction
Global concerns such as urbanisation, tenure insecurity, land conflict and unequal land access have highly demanded reliable and up-to-date land information. To meet such requests and guarantee ownership rights, scholars have advocated for the development of an information system that can provide records on “who owns what piece of land”, what type of right and value exists”, and “what use is permissible” on time. The performance of these functions lies within the domain of land administration. “Land administration is a process of determining, recording, and disseminating information about land ownership, value, use, and associated resources[
1]. According to Enemark [
2], the success of land administration depends on an efficient land information system. A land information system is a broad-reaching and complex concept that eludes any simple definition. It encapsulates all the simple unofficial procedures undertaken by individuals or small groups aimed at identifying and organising distinct units of property over a small area as well as the enormous complex set of spatial data acquisition and organisation at the level of a state [
3]. A land information system may also refer to all the coordinated and standardised land-related data banks that have the land parcel as the common geographic unit, which work together to provide an integrated methodology for the collection, maintenance, updating and utilisation of land-related information[
3]. Thus, a well-designed and implemented LIS enhances land record management and efficient access to information and reduces the bureaucracies in land administration processes [
4]. Countries that have successfully implemented LIS for land administration continue to realise the benefits. For instance, experience from developed countries like the Netherlands has demonstrated the usefulness of LIS in making geographic data accessible to all, promoting transparency, and facilitating individual choices about real estate [
5].
Unlike developed countries, implementing LIS in developing countries is challenging [
6,
7]. As a result, in developing countries where LIS is in place, its full potential often remains unexplored[
8]. For example, after efficiently implementing LIS in Rwanda, the bureaucratic nature of the registration system discouraged landowners from registering their properties, thereby making the LIS outdated [
9]. A similar experience happened in Kenya, where the LIS got outdated because of informal land transactions [
10]. Other challenges may result from inadequate land data, poor data quality, and the government’s unwillingness to invest in LIS [
11].
The journey to developing a digital LIS in Ghana has been nearly two decades. This resulted in the development of the Ghana Enterprise Land Information System (GELIS) and, subsequently, the Enterprise Land Information System (ELIS). While the former was deployed to integrate the processes of land registration and land use planning across the Lands Commission (LC) and the Land Use and Spatial Planning Authority (LUSPA), the latter was introduced to integrate and automate the processes of registration across the four divisions of the LC in Accra (Ghana’s capital). Despite the digitalisation drive and the numerous developments over almost two decades, manual processes still prevail and remain insurmountable within Ghana’s LC. Much as the factors that account for this paradoxical situation remain unclear, the digital LIS piloted in Accra will be upscaled nationwide if successful. Therefore, the current LIS must be assessed to understand its underlying challenges. Such an assessment will help identify ways to improve the system’s functionality in Accra and pave the way for the contextual implementation of the system in the other regions of Ghana. This study, therefore, seeks to assess the effectiveness of the LIS implemented in Accra. Our study contributes to ongoing discourses on the dynamics of technology acceptance in predominantly analogue environments.
The rest of the paper is structured as follows; section 2 provides a theoretical overview of LIS and explores the various frameworks used in the literature to evaluate LIS performance; a chronological account of digitalisation advancements in Ghana’s land administration is given in
Section 3, and an overview of the study’s methodology and subject area is given in
Section 4. Ghana’s land administration and information system are presented and discussed in sections 5 and 6.
3. Land Tenure and Land Administration in Ghana
The dual tenure system characterises land tenure in Ghana, which the state and traditional authorities’ exercise. The Customary institutions own about 80% of Ghana’s land, while the remaining 20% reside in the state and private individuals [
40]. The governance of customary lands resides in the allodial head, which could be heads of stool and skin and family heads. In contrast, under the statutory regime, land governance is administered through a mechanism by the state[
40].
Article 258 of the 1992 constitution of Ghana stipulated that the Lands Commission must carry out five distinct functions: land registration, land valuation, surveying and mapping, and public and vested land management. Subsequently, other institutions, such as the Land Use and Spatial Planning Authority, support land administration by regulating land use controls and granting planning comments [
41].
To strengthen land administration and enhance coordination between the customary institutions and public land sector agencies, Customary Land Secretariats (CLSs) were established in some traditional areas by the Ministry of Lands and Natural Resources during LAP1 and 2. Among other things, the Land Act, 2022 (Act 1036) mandates the CLSs to keep updated land records of transactions and link landowners to the public land sector. The CLS can now record transactions and prepare lease documents which could be used as proof of transaction. However, under section 14 subsection 4 of Act 1036, the recorded transactions must be submitted to the LC at the end of every three months [
42], entrusting the overall land information management to the Lands Commission. It is relevant to mention that the mandate to issue lease documents is only valid in areas where deed registration is in effect. The LC is the sole authority to record and issue certificates in title-declared areas. Thus, in Ghana, deed and title registration are the recognised registration types.
The land administration system in Ghana is predominantly analogue [
43]. In Ghana’s first and second land administration projects, plans were made to transition the land administration sector into a digital system by establishing a land information system for title registration under LAP 1 and the Ghana Enterprise land information system in LAP 2 [
44]. After these interventions, positive steps have been taken towards implementing LIS. For instance, part of the country’s LAS has been digitalised in seven of Ghana’s sixteen regions, with Greater Accra as the pilot area.
The digitisation drive in Ghana has become very apparent. Section 73 of Act 1036 [
42] mandates the LC to establish a land information system equipped with the necessary technological artefact to enhance land interests’ transfer, creation, and registration. The Act further requires that capacity be made available for utilising the information system. Although this is a brilliant initiative, it will require more than a legal framework for a successful implementation.
5. Results
This section presents the empirical findings on the state of the land information system in the Accra Lands Commission. First, we describe the actual processes of land registration across the four divisions of the LC. In the second step, we describe the broader framework within which the operations of the LC are mobilized. This cuts a cross-governance (specifically, we look at the policy and legal framework that direct land registration), operational environment (focusing on the deployment of technology, data, and support systems), and sustainability strategies (focusing on the strategies deployed to ensure long-term success in terms of professional and system development).
5.1. Land Administration Processes in Accra LC
Land administration processes in Accra combine digital and manual systems. Four divisions of the LC discharge these processes: surveying and mapping, land valuation, public and vested land management, and land registration. However, other land agencies, such as the Land Use and Spatial Planning Authority and the Customary Land Secretariat, assist in the processes. It is relevant to mention that other units/agencies such as the Client Service Access Unit (CSAU), IT, and Universal Merchant Bank (UMB) play a vital role in land administration in the region. While the UMB assists with payment proceedings between clients and the LC, the IT provides technical support. The CSAU, established in 2016, is a one-stop shop directly connecting clients to the divisions; thus, all division application requests are submitted through the CSAU. The processes undertaken by the divisions are granting concurrence, granting consent, plan approval and barcoding, tax value assessment, verification, processing, and certification. The parts of the processes integrated into the system’s functionalities are outlined in the following sub-sections.
5.1.1. Processes of Public and Vested Land Management (PVLMD)
The activities of PVLMD involve granting consent and concurrence on stool lands. Concurrence is an indication that the LC bears witness to the transaction that has taken place between a party and a stool. On the other hand, the consent process indicates transaction approval for a party who acquired either public or stool land and sought to transfer ownership to another party. Both processes are outlined in
Figure 3 and
Figure 4.
5.1.2. Processes of Survey and Mapping Division (SMD)
The SMD activities involve plan approvals that encompass barcoding and cadastral plan preparation. During this process, the applicant submits copies of plans; this plan must include a computational file of how coordinates were picked from the site and approval by a private license surveyor. The SMD officer checks the quality of the plan using top corn tools. The plan is scanned into the system if all the quality indicators are met. A barcode containing the parcel’s exact location is generated using the ELIS.
5.1.3. Processes of Land Valuation Division (LVD)
According to an interview with the LVD respondents, this division’s main activity is assessing a property’s tax value before land registration begins. This process is also called assessment of stamp duty. The main actors involved in this activity are the clients, CSAU and LVD.
Figure 5 provides a detailed description of all processes involved in stamp duty assessment.
5.1.4. Processes of Land Registration Division (LRD).
The activities carried out by this division are the verification of documents for registration, processing of registration documents, and issuing land title certificates (certification) after registration. According to LRD respondents, the culmination of these activities is the land registration process. This process is outlined in
Figure 6.
5.2. Governance and People
Organisational, Legal and Policy Frameworks
The operations of the LC are established under a clear guiding policy and legal instruments. The development of land administration processes, including LIS, is mainly guided by the National Land Policy, the Lands Commission Act, Act 767 (2008) and the Land Act, 2020 (Act 1036). The National Land Policy sets the broader framework for land administration. The Lands Commission Act details the job roles, positions, divisional functions, and general organisational setup. The Land Act details land relations, tenure types, registration processes, and restitution. Additionally, the Land Act establishes an electronic conveyance and mandates the Commission to develop an information system with adequate technological infrastructure to facilitate such conveyancing[
42]. The foreground for electronic transactions in Ghana was already laid down in 2008 by the enactment of the Electronic Transaction Act to support digital signatories that may be required to replace manual stamps and signatures in the conveyancing processes.
The conveyancing process at the LC cuts across different land rights, which are specified in section 1 of the Land Act[
42]. The Land Act recognises and allows for registering allodial, usufructuary, customary freehold, customary tenancy, and leasehold interests. However, there is a gap between what is specified in law and what is done in practice. This implementation gap leads to the non-registration of some interests. According to officials of LRD, the registration processes typically result in leaseholds neglecting other land rights recognised by law. The officials indicated that registration of usufructuary interests in the current system truncates it to a leasehold interest, and such a transformative effect of registration deters usufructs from registration. This is perhaps the case because the earlier legislation on registration (Land Title Registration Act, Act 152 (1986)) did not provide sufficient guidance on registering other interests. Later, the Land Act provides some steps to register the usufructuary interest. For example, section 39(4) of the Land Act states that “
a conveyance of a usufructuary interest shall state the interest conveyed as the usufructuary interest and shall not (a) be expressed as a lease, and (b) have a limited term or duration”. Similarly, the law bars the acquisition of customary freehold interests in stool/skin and family lands but remains silent on that of individual and private lands. To this end, some clarity is still required to implement the Land Act.
To undertake registration, the divisions of the LC deploy different procedures which require standardisation within each division and gateways across divisions for seamless service delivery. For instance, in preparing a cadastral plan, the SMD requires the coordinates of the parcel, the size of the parcel in its imperial units, the bearing, plan number, registration district and locality, scale, surveyors’ signature, and other relevant numbers. These are different from the specifications required by PVLMD in granting concurrence. In an interview with SMD, PVLMD, LVD, and LRD officials, all other standards governing data are specified and regulated by legal instruments such as LI144 for regulating cadastral plan supervision and approval. Additionally, efforts are made to check the compliance of submitted documents to these standards.
As a result of registration, the LC keeps data about individuals, groups, and entities, the usage and storage of which raises privacy concerns. Privacy, protection, access, and restriction to data are clearly outlined in Act 843 [
45], and Act 989[
46]. Everyone in Ghana has the right to information; however, access to such information should not result in undue loss or gain to a person, a group, a financial institution, or any other body[
46]. Given this, the LC duly assesses every request for information/data to determine whether the application safeguards the life or liberty of the party(s) involved.
Like any organisation in a digital transformation, staff and clients require a positive attitude toward adopting new technologies. The staff acknowledge that the digital LA system enables a well-organised and less bureaucratic service delivery and are willing to employ its functionalities in their daily business processes; however, not all the clients are willing to adopt this system. On the other hand, management has implemented strict measures in the system’s usage; thus, one cannot initiate the registration process without deploying the system’s functionalities.
5.3. Operational Environment
Technology
The uptake of technology in the operations of the LC has increased steadily over the years. In the Accra office, which doubles as the head office, many measures have been implemented to provide all relevant hardware and software to fulfil the information system requirement. This is evident in the availability of servers, computers, printers, barcode scanners, and other related accessories. However, the distribution of the hardware is uneven across divisions. While considerable hardware was found in the IT unit, CSAU, LRD, PVLMD, and SMD, little was seen at the LVD. Some officials of LVD indicated that they use their personal computers for the execution of their roles.
Moreover, other responses from management indicated that the LC uses the Enterprise Land Information System software (ELIS), which is internally developed based on their business needs. Thus, ELIS interface varies across the various divisions. The LC also uses Topcorn tools and open-source software such as PostgreSQL and QGIS for database management and geographic data processing. Provision has also been made for server backup; however, the type of backup could not be disclosed due to security reasons. Nonetheless, the LC divisions face uneven data entry and conversion challenges due to the deteriorated state of old cadastral maps.
To interact with the LC using digital systems, the staff and the public need operational manuals to guide their interaction with the system. However, interviews with staff across the units of the LC, namely, CSAU, PVLMD, SMD, LVD, and LRD, reveal that no such operational manuals were available to guide in the convenient use of the system. Provision has however been made for a brochure that outlines the purpose and goals of the information system. They also indicated that IT staff are available to provide the needed guidance in any operational difficulties. Aside from the absence of an operational manual, the divisions/departments are not in unanimous agreement concerning the system’s usability regarding its interface and access to standard features for their daily business activities. In an interview, the SMD, LVD, LRD, and CSAU indicated that the systems interface keeps changing automatically without their prior knowledge. As a result, they sometimes spend an entire day trying to understand and work with the updated interface. If such understanding has not been derived, the entire land administration process must be kept on hold.
Furthermore, the LVD also stated that the system does not provide all the relevant features needed for their scope of work. In assessing the taxable value, LVD must emboss a stamp on the document; this feature is currently non-existent because the system is being developed incrementally. While all departments have indicated that the system is sometimes unreliable due to operational malfunctions, they all attest that the system has suitable navigational components and is focused on the needs of the Commission. The majority of clients who have interacted with the system share similar sentiments with land officers concerning its reliability. 20 out of the 23 respondents indicated that it often breaks down and renders them incapable of executing their transactions at the appropriate time. The CSAU respondents confirmed the client observation and added that it presents a difficult situation for new signups. The way around this is for clients to initiate transactions using previous successful logins of other clients.
Data
Following the registration of parcels, the LC disseminates information to members of the public. In an interview, officials from SMD, PVLMD, LRD, and CSAU indicated that data resources, precisely parcel details, have been consolidated into one database, which officers could query through their secret credentials. However, the LC collaborates with the Land Use and Spatial Planning Authority (LUSPA) for external data such as land use plans and zoning regulations. Although section 117 of the Land Act mandates LUSPA to share data on layout and zoning plans with the Commission, according to officials of LC, this collaboration is constrained. Such data is often not released on time, so clients are sometimes asked to obtain this data from LUSPA. While the PVLMD can convert analogue data into a digital format, the SMD reported that existing map documents are not in good condition for digital transformation, especially with maps dating back to the 1980s. They have become brittle, with some parts remaining missing. As a result, the boundaries of parcels are not visible enough for digitisation.
Working environment
Currently, the divisions of the LC are dispersed and enjoy differential levels of resourcing. The PVLMD, the Consolidated Search Office, and CSAU have an adequate working environment. In contrast, the SMD, LVD, and IT departments do not have sufficient space to accommodate their needs. From observation, one of the LVD and IT offices were overcrowded, with little room for mobility. In response, management is constructing a new building where space, power backup, and internet would be catered for; until then, all activities will be put on hold during power outages. In the case of LRD, LVD, and CSAU, provisions for backup generators have been made; however, they are sometimes unable to use them due to their inability to purchase fuel. The LVD and CSAU share the same geographic area with the IT department; however, in the case of a power crisis, only the IT department is offered backup support.
5.4. Strategies for Sustainability
Capacity
According to an interview with an official of the IT unit, the LC has enough personnel for data management, software, and network management. The IT unit in Accra establishes IT standards and procedures for operational administration and management. Currently, the experts in this department provide IT support to all divisions in Accra and other regional LCs. Thus, the management of the LC indicated that a considerable amount of training had been given to staff, which was confirmed by the staff of the LC. However, given the intermittent changes in the system, staff complain about the system's evolving complexity. In an interview, a staff said;
“We came to work one Friday and were told to go for a two-day training in Koforidua on ELIS because we were to start working with it the following Monday. We returned from the training and could not do anything for that week because most of us did not fully understand it. I recently discovered that requests initiated by clients could be processed from the public tab on the system. Until my discussion with one colleague, I believed clients had not submitted any requests. It appears I never checked at the right place”.
Accordingly, this has resulted in an overreliance on the few with these skills and sometimes causes delays in executing the land administration functions. In response to these challenges, management is making efforts to improve staff capacity through private-sector involvement.
ICT strategy
According to management, questions about the system’s scope, boundaries, budget requirements, and tailored actions cannot be answered regarding the information system. A strategic implementation plan to detail these requirements is non-existent. In an interview, the IT department indicated that the fuzzy nature of the scope and boundaries of the system has slowed down the automation process. According to management, the LC is adopting the agile system development method. However, no specific source of funds is allocated for the system’s development, implementation, and sustenance; only 33% of the income generated by the LC is assigned to the Commission for its day-to-day administration. The remaining 67% goes to a consolidated government account. As a result, the systems development and deliverables are implemented when needed and could be financially supported.
According to the staff of the divisions, support is provided by the IT department in case of difficulties in using the system. This support ranges from fixing broken parts of computers, staff logins and access, and navigating through system updates to other operational malfunctions. To provide this support, a WhatsApp group connects all divisions and departments to IT and serves as a platform where all complaints are made. Thus, there is no physical helpdesk present for users to lodge complaints. While this may seem very convenient considering the dispersed location of the divisions, it puts the clients who cannot share this common platform with the IT in a dilemma. This claim is reinforced by an observation made at the CSAU. A client who had aborted the online process due to a system breakdown had no idea where and when to get redress; the officer from the CSAU to whom she complained kept telling her to wait for the IT. However, how IT would ever know about the complaints is an answer that could not be received.
Regarding system maintenance and protection, the IT department has established controls to protect data, software, and operating systems from unauthorised modification. Aside from using antivirus protection, staff require a VPN and encryption password to access the server containing the digital archives; this way, they can monitor access. Furthermore, there is occasional cyber security training and routine checks to monitor data security compliance. In addition to this is an established network firewall used to observe both outgoing and incoming network routes. Subsequently, the management takes care of all the costs of issuing these security protocols.
Moreover, attempts have been made to physically protect the data within the various divisions and departments. According to an interview with LRD, PVLMD, SMD, CSAU, and IT respondents, access to records within each division and department is strictly out of bounds to non-staff. For the CSAU, PVLMD, and IT departments, staff require a pin to access the working areas; however, these pins only grant access and do not keep track of who accessed it. On the one hand, the LVD and SMD rely on key locks to access such areas. Additional security personnel are available to patrol the LC premises during and after working hours.
Despite the IT staff’s role in the LC’s core business, no strategy is implemented to keep key IT staff for the system’s sustainability. In an interview, a senior official of the LC indicated that the IT staff is just like any other staff of the Commission and does not require any exceptional condition of service. He said;
“They are public servants and understand the terms of services and responsibilities of accepting the job offer. In Ghana, we all follow the single-span salary structure where public workers are placed under one salary structure irrespective of their specialisation. Even if we want to do something about their condition of service, our hands are tied because the government decides how much we spend as Commission”.
When one of the respondents was further probed about what would be done if they returned to work the next day and realised the key IT staff had quit the job because of dissatisfaction, the response was, “people are desperate for a job we will find a replacement”.
Communication Strategy
Regarding communication strategies for the systems development, management indicated that the system’s development is in consultation with users; however, it appears that the reference was being made to the LC staff and not the clients who interact with the Commission. However, after its implementation, they explored various platforms to educate and inform the client about the digital land administration drive. Following the responses from clients, 14 of the 23 indicated no prior knowledge of the information system before interacting with the Commission. These respondents only learned about the system after some officers informed them to use the online portal to submit their applications. 7 out of the 9 respondents with prior knowledge about the system saw it on a poster during a visit to the Commission. The remaining two respondents learned about it from the newspaper. Furthermore, there is no way to provide feedback on the system. If a client has feedback, the CSAU is the first point of contact; however, according to the CSAU, these complaints are frequently not documented for future reference.
7. Conclusions
The study aims to assess the land information system for land administration in Ghana by drawing on evidence from Accra. This was achieved by reviewing frameworks for LIS assessment in literature. The reviewed frameworks were selected based on their ability to be applied on a broader scale and thematically capture the concepts and components of LIS definitions. Based on this review, an assessment framework consisting of three themes, eight dimensions and twenty-three indicators was developed to assess the effectiveness of the LIS in the study area.
From the study, we see that the processes of registration in the Accra LC is in high alignment with three indicators, namely; (1) clear institutional mandates, roles, and responsibilities, (2) availability of laws and policies to support analogue to digital conversion and (3) availability of strategy to protect data, software and operating system. Furthermore, from the assessment result, Accra is in medium and low alignment with thirteen and seven indicators, respectively (see subsection 6.8).
The study further shows that integrating the LA services into the system’s functionalities has enhanced data integration and interoperability, business operations, accountability and service delivery. However, this study could not decipher the extent to which external factors like using unofficial services from land officers and agents facilitated such improvements. The unofficial involvement of LC officials with clients has been documented in the study of Abubakari et al. (2019), whereby officials act as facilitators in exchange for personal benefits.
Despite the efforts of Ghana’s LC to embrace a workable digital LIS over the years, there are still significant limitations of the LIS in Accra. The LIS in Accra requires improvement in eight major areas: implementation plan, funding, law implementation, ICT strategy, divisional integration, work processes, data quality and communication strategy. Given that the piloting in Accra still has significant challenges and the marked differences between Accra and the other regions in registration systems, further challenges are anticipated during scaling up nationwide.
The indicators with low alignment largely concern the sustainability of the LIS, which has profound implications for growth and upscaling at the nationwide level [
72]. We see that the public’s ability to interact with the LIS effectively is hampered since there is no support interface for the public. Even more disturbing is the fact that no system implementation plan suggests a sporadic implementation. Also, the lack of a retention strategy for core IT staff signals adverse ongoing concerns of the LIS. Essentially, the internal mechanisms to support the effective running of the LIS and the support system to enable the public to interact with the system continuously are hanging in the balance. This dynamic explicates the two dilemmas characterised by Pritchett [
73] namely, (a)
systemic isomorphic mimicry, wherein a persistent lack of function is covered up by adopting the external forms of functional undertakings from elsewhere (in this case, the setting up of the LIS); and (b)
premature load bearing, which routinely places highly unrealistic expectations on fledging systems and thus allows failure to exist while creating the illusion of implementing developmental policies. Concerning Pritchett’s second dilemma, it is amazing how over the last decade, the Lands Commission has been engaged in legal and institutional reforms yet unable to address the issues of information acquisition and management within the Lands Commission. While not downplaying the efforts of the Lands Commission, we contend that the issues of sustainability that are currently lacking need to be addressed if nationwide scalability is intended.
Our findings thus serve as pointers that signal areas for further improvement of the LIS in Ghana. Beyond the Accra Lands Commission, our findings provide valuable insights into the consideration for scalability at a nationwide scale.