The Effects of the Intestate Succession Law 1985 (PNDCL 111) and the Head of Family Accountability Law 1985 (PNDCL 114) on Youth Access to Agricultural Land in the Techiman Traditional Area of Ghana

Abstract

This paper examines the effects of the Intestate Succession Law 1985 (PNDCL 111) and the Head of Family Accountability Law 1985 (PNDCL 114) on youth access to agricultural land in the context of customary land tenure. Using the Techiman Traditional Area in Ghana as a case study, the study sampled 455 youth and 23 elders using multiple sampling techniques. It was revealed that while PNDCL 111 has had some positive effects on the ability of the youth to inherit personal properties of their deceased parents; its exemption of family land in terms of application takes agricultural land access through inheritance outside the purview of the law. Given that majority of agricultural lands are family property, youth land access option through inheritance under the law is thus limited. Again, there are no more vacant lands to be acquired as personal property which the youth can inherit under the law. In the case of PNDCL 114, the study found that the law provides no practical support to the youth in asserting claims to land or seeking accountability from their elders over land proceeds. It is recommended that both PNDCL 111 and PNDCL 114 be reviewed to reflect these limitations. Also, the Head of Family Accountability law should make Alternative Dispute Resolution (ADR) mechanisms an integral part of the law to improve on dispute adjudication given that court actions to demand accountability are not generally culturally acceptable.

KEY WORDS: Legislative interventions, Youth, Land, Access, Ghana