Skin lands in Ghana and application of blockchain technology for acquisition and title registration

2020 ◽  
Vol 12 (2) ◽  
pp. 147-169 ◽  
Author(s):  
Kwabena Mintah ◽  
Kingsley Tetteh Baako ◽  
Godwin Kavaarpuo ◽  
Gideon Kwame Otchere
Keyword(s):  
Current System ◽  
Land Acquisition ◽  
Content Type ◽  
Record Keeping ◽  
Blockchain Technology ◽  
Title Registration ◽  
The Government ◽  
Customary Land ◽  
Ownership Of Land ◽  
Land Transactions

Purpose The land sector in Ghana, particularly skin lands acquisition and title registration are fraught with several issues including unreliable record-keeping systems and land encroachments. The paper explores the potential of blockchain application in skin lands acquisition and title registration in Ghana with the aim of developing a blockchain-enabled framework for land acquisition. The purpose of this paper is to use the framework as a tool towards solving some of the loopholes in the process that leads to numerous issues bedeviling the current system. Design/methodology/approach The paper adopts a systematic literature review approach fused with informal discussions with key informants and leverages on the researchers’ own experiences to conceptualize blockchain application in skin lands acquisition in Ghana. Findings Problems bedeviling skin lands acquisition and title registration emanated from the issuance of allocation notes, payment of kola money and use of a physical ledger to document land transactions. As a result, the developed framework was designed to respond to these issues and deal with the problems. As the proposed blockchain framework would be a public register, it was argued that information on all transactions on a specific parcel of land could be available to the public in real-time. This enhances transparency and possibly resolves the issue of encroachments and indeterminate land boundaries because stakeholders can determine rightful owners of land parcels before initiating transactions. Practical implications Practically, blockchain technology has the potential to deal with the numerous issues affecting the smooth operation of skin lands acquisition and title registration in Ghana. Once the enumerated issues are resolved, there will be certainty of title to and ownership of land and property to drive investments because lenders could more easily ascertain owners of land parcels that could be used as collateral for securing loans. Similarly, property developers and land purchasers could easily identify rightful owners for land transactions. The government would be able to identify owners for land and property taxation. Originality/value This paper contributes to the literature on blockchain and application to land acquisition and title registration with a focus on a specific customary land ownership system.

Reflections on the Acquisition of Land by Non-citizens in Botswana

2020 ◽  
Vol 8 (2) ◽  
pp. 185-204
Author(s):  
Boga Thura Manatsha
Keyword(s):  
Urban Areas ◽  
Land Policy ◽  
Government Officials ◽  
The Public ◽  
Legal Provisions ◽  
Media Reports ◽  
The Government ◽  
Tribal Land ◽  
Ownership Of Land ◽  
Land Transactions

There are rising public concerns about the acquisition of prime land by non-citizens/foreigners in Botswana, especially in the sprawling urban and peri-urban areas. Indians, Nigerians and Chinese, among others, are allegedly involved in such land transactions. There is a salient local resentment towards them and/or such transactions. Sensational media reports, emotive public statements by politicians, chiefs and government officials, and anger from ordinary citizens dominate the discourse. These emotive public debates about this issue warrant some academic comment. This article argues that the acquisition of land by foreigners in Botswana, in each land category—tribal, state and freehold—is legally allowed by the relevant laws. But this does not mean that citizens have no right to raise concerns and/or show their disapproval of some of these legal provisions. Aware of the public outcry, the government has since passed the Land Policy in 2015, revised in 2019, and amended the Tribal Land Act in 2018, not yet operational, to try and strictly regulate the acquisition of land by non-citizens. There is no readily available statistical data, indicating the ownership of land by foreigners in each land category. This issue is multifaceted and needs to be cautiously handled, lest it breeds xenophobia or the anti-foreigner sentiments.

A “think piece” on intelligence, investigation and prosecution

2017 ◽  
Vol 24 (3) ◽  
pp. 449-460 ◽  
Author(s):  
David Fitzpatrick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Financial Services ◽  
Justice System ◽  
Current System ◽  
Organised Crime ◽  
Home Office ◽  
Effective Response ◽  
Content Type ◽  
The Government

Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.

scholarly journals Nigeria’s upstream petroleum industry anti-corruption legal framework: the necessity for overhauling and enrichment

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
Research Work ◽  
Petroleum Industry ◽  
Legal Framework ◽  
Legal Regime ◽  
Political Will ◽  
Content Type ◽  
Record Keeping ◽  
Oil Contracts ◽  
The Government ◽  
Regulatory Intervention

Purpose This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry. Design/methodology/approach This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique. Findings This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country. Research limitations/implications Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings. Practical implications This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback. Social implications This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government. Originality/value The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.

India backs blockchain but adoption will be cautious

2018 ◽  
Keyword(s):  
Asset Management ◽  
Trade Finance ◽  
Content Type ◽  
Customer Data ◽  
Finance Minister ◽  
Blockchain Technology ◽  
Reserve Bank ◽  
Asset Class ◽  
The Government ◽  
Foreign Exchanges

Subject Blockchain adoption in India. Significance On April 22 the Reserve Bank of India (RBI) issued a directive ordering all cryptocurrency accounts on Indian exchanges to close by July. Despite this, on May 16 Indian information technology giant Infosys, in collaboration with seven major banks, launched a blockchain-driven trade finance initiative. In his budget speech, Finance Minister Arun Jaitley said that the government will “explore …blockchain technology …for ushering in digital economy”. Impacts The ban on trading cryptocurrencies on Indian exchanges will drive investors to foreign exchanges rather than away from the asset class. The RBI ban on entities under its influence engaging in services relating to cryptocurrencies will slow blockchain adoption. Tests of blockchain in trade finance, 'know your customer' data and non-performing asset management will extend to other applications. Indian cities including Vizag in Andhra Pradesh are leading in adopting blockchain, supporting regional development.

Application of Blockchain Technology in Land Administration in Ghana

2020 ◽  
pp. 103-116 ◽  
Author(s):  
Samuel Agbesi ◽  
Fati Tahiru
Keyword(s):  
The Past ◽  
Blockchain Technology ◽  
Land Administration ◽  
Smart Contract ◽  
Digital Asset ◽  
Property Sales ◽  
Ownership Of Land ◽  
Land Transactions ◽  
Land Records

The administration of lands in Ghana has been a major issue in the past years that has resulted in parties seeking arbitration to determine the rightful owners and others resulting in death because of the land-guard menace. The main issues in land administration in Ghana include modification and falsification of land records, difficulty in authenticating the ownership of land property, sales of land property to more than one customer, and lack of transparency in land transactions. This chapter examines the application of Blockchain in land administration in Ghana to solve the issues of unauthorized modification of land records, difficulties in proven ownership of land properties, and the lack of transparency in land transactions. The proposed solution is based on Ethereum Blockchain technology using a smart contract. The solution used a non-fungible token to represent land properties as a digital asset that can be traded on the proposed solution. The proposed solution provides integrity, immutability, provenance, and transparency in land administration.

Records management and procurement performance

2017 ◽  
Vol 27 (3) ◽  
pp. 256-274 ◽  
Author(s):  
Juliet Namukasa
Keyword(s):  
Information Management System ◽  
Records Management ◽  
Ethical Practices ◽  
Content Type ◽  
Record Keeping ◽  
Government Sector ◽  
Inadequate Knowledge ◽  
Efficient Information ◽  
The Government ◽  
Significant Cost Reduction

Purpose The purpose of this study was to examine the influence procurement records management had on the performance of the procurement function under the National Agricultural Advisory Services (NAADS). Design/methodology/approach The study used both qualitative and quantitative approaches to research. Procurement records management was the independent variable, while procurement performance was the dependent variable. The study also adopted a simple correlation and case study design. An accessible population of 101 respondents was identified, with 93 forming a sample. An 88% response rate was realized. Findings Results indicated that procurement records management had a significant effect on procurement performance. Whereby, there was a positive and statistically significant relationship between records creation and procurement performance; there was a positive relationship between records maintenance, preservation and procurement performance; and, finally, records access and use also had a positive significant influence on procurement performance. Research limitations/implications This research focused on the central region of Uganda, and yet, Uganda has got so many other regions which operate the NAADS programs. This means that research was conducted within a defined scope. Therefore, based on this, the researcher could not generalize the research findings. Practical implications Findings imply that ethical practices should be emphasized and custodians of procurement records be held accountable for their actions, as this will help in the support of proper record-keeping and avoid documents not being on file, misplaced or misfiled, which negatively affects procurement performance. Enabling a more efficient information management system results into effective procurement performance that leads to significant cost reduction in both the private and the government sector, especially when digital records are involved. Social implications As majority of the NAADS staff were found to possess inadequate knowledge in records maintenance and preservation, the government through the NAADS training committees should organize timely workshops to sensitize staff on how best records maintenance and preservation is core to its operations. Originality/value This study contributes to an important area which has not been given attention in the Ugandan context, where there is difficulty of relating the value of effective records maintenance to business management because of the lack of quantifiable evidence. Therefore, the study highlights the influence of records creation, maintenance and use on procurement performance. The review of literature finds that better records management results into better performance of the procurement units in procurement entities.

scholarly journals TINJAUAN HUKUM PELEPASAN TANAH ULAYAT

2020 ◽  
Vol 13 (1) ◽  
pp. 108-119
Author(s):  
Happy Trizna Wijaya
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Customary Law ◽  
Land Acquisition ◽  
The Public ◽  
Personal Rights ◽  
Presidential Decree ◽  
The Government ◽  
Customary Land ◽  
Ownership Rights

Since September 24, 1960 Law No. 5/1960 was stipulated regarding Basic Regulations on Agrarian Principles or often referred to as the Basic Agrarian Law (UUPA), adopting legal unification and based on customary law. Customary land law is original law, has a unique characteristic, where individual rights to land are personal rights but in it contain togetherness. Land controlled by customary law communities is known as ulayat rights. Although customary law is the basis of the LoGA, problems with ownership rights to customary land often occur due to unclear land boundaries and customary land tenure by the government without any release of land. The results of this study revealed that the procedure for controlling customary land by the local government through the mechanism of land acquisition as stipulated in Permendagri No. 15 of 1975 provides more opportunities for the Government to control land rights, while the owner / holder of land rights has a very weak position because many rights to land are neglected so that it violates the human rights of land rights holders. With the issuance of Presidential Decree No. 55 of 1993 concerning Land Procurement for the Implementation of Development for the Public Interest in lieu of Permendagri No. 15 of 1975, which provides a protection to holders of land rights to be able to defend their rights. This is also the case with Perpres No. 36 of 2005 Jo Perpres No. 65 of 2006 issued as a substitute for Presidential Decree No. 55 of 1993, far more provide protection to the community to defend their rights, while the government is increasingly limited in obtaining land. So Perpres No. 65 of 2006 provides a guarantee of legal certainty to holders of land rights to be able to defend their rights.Sejak 24 September 1960 ditetapkan Undang-undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria atau sering disebut Undang-undang Pokok Agraria (UUPA), menganut unifikasi hukum dan berdasarkan hukum adat. Hukum tanah adat merupakan hukum asli, mempunyai sifat yang khas, dimana hak-hak perorangan atas tanah merupakan hak pribadi akan tetapi didalamnya mengandung unsur kebersamaan. Tanah-tanah yang dikuasai oleh masyarakat hukum adat dikenal dengan sebutan hak ulayat. Walaupun hukum adat merupakan dasar dari UUPA tetapi permasalahan terhadap hak kepemilikan atas tanah adat seringkali terjadi karena penentuan batas tanah hak ulayat yang tidak jelas, maupun karena penguasaan hak atas tanah adat oleh pemerintah tanpa ada pelepasan tanah. Hasil penelitian ini mengungkapkan bahwa Prosedur penguasaan tanah ulayat oleh Pemda melalui mekanisme pembebasan tanah yang tertuang dalam Permendagri No. 15 Tahun 1975 lebih memberikan kesempatan kepada pihak Pemerintah untuk menguasai hak atas tanah, sedangkan pemilik/pemegang hak atas tanah mempunyai kedudukan yang sangat lemah karena banyak hak atas tanah yang diabaikan sehingga sangat melanggar hak asasi pemegang hak atas tanah. Dengan diterbitkannya Kepres No. 55 Tahun 1993 mengenai Pengadaan Tanah Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum sebagai pengganti Permendagri No. 15 Tahun 1975, yang memberikan suatu perlindungan kepada pemegang hak atas tanah untuk dapat mempertahankan haknya. Begitu juga halnya dengan Perpres No. 36 Tahun 2005 Jo Perpres No. 65 Tahun 2006 yang dikeluarkan sebagai pengganti Kepres No. 55 Tahun 1993, jauh lebih memberikan perlindungan kepada pihak masyarakat untuk membela haknya, sedangkan pihak pemerintah semakin terbatas dalam memperoleh tanah. Sehingga Perpres No. 65 Tahun 2006 memberikan suatu jaminan kepastian hukum kepada pemegang hak atas tanah untuk dapat mempertahankan haknya.

Trustworthiness of digital records in government accounting system to support the audit process in Botswana

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Olefhile Mosweu ◽  
Mpho Ngoepe
Keyword(s):  
Enterprise Resource Planning ◽  
Resource Planning ◽  
Accounting System ◽  
Audit Process ◽  
Content Type ◽  
Record Keeping ◽  
Erp System ◽  
The Public ◽  
Government Accounting ◽  
The Government

Purpose The purpose of this study is to explore how the trustworthiness of digital records generated in an enterprise resource planning (ERP) system known as the government accounting and budgeting system (GABS) is maintained to support the audit process in the public sector of Botswana. Design/methodology/approach This qualitative study used modern archival diplomatics as a theoretical framework to examine the procedures for authenticating digital accounting records in GABS to support the audit process in Botswana. Data were collected through interviews and documentary reviews. Findings The study established that although GABS is not a record-keeping system, it generates digital records. In the absence of procedures, auditors rely on social and technical indicators (system application controls) to authenticate records. Research limitations/implications The findings of the study are limited to the case study and cannot be generalised to other organisations. Practical implications The findings of the study can inform the necessary measures that can be taken to ensure that digital records generated in ERPs are maintained authentic to support financial auditing processes. In addition, the paper also presents differing approaches by records managers, auditors and information technology specialists to evaluate the authenticity of records in digital systems, thus contributing to the literature about professional allies and competitors to archivists and records managers. Originality/value This paper provides empirical evidence from an original study.

India's manufacturing goals conflict with Modi policy

2015 ◽  
Keyword(s):  
Prime Minister ◽  
Economic Conditions ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
Industrial Growth ◽  
Currency Devaluation ◽  
Content Type ◽  
Global Manufacturing ◽  
Export Competitiveness ◽  
The Government

Significance The ordinance aims to facilitate land acquisition for infrastructure development as well as Prime Minister Narendra Modi's 'Make in India' manufacturing campaign. Launched recently amid a bleak industrial growth scenario, the campaign seeks to make India a global manufacturing hub. However, measures such as the land ordinance are inadequate to realise this as yet largely undefined goal, especially given the tough global economic conditions that have developed since 2008. Impacts There is limited room to boost export competitiveness with currency devaluation due to India's heavy import dependence. The government is likely to dilute labour laws to woo investors, at the expense of its own longer-term vision for manufacturing. The new ordinance could facilitate land acquisition in some states, but the wider infrastructure deficit is an abiding constraint.

Unbundling services: the route to profitability for airlines in India

2015 ◽  
Vol 31 (8) ◽  
pp. 4-6 ◽  
Author(s):  
Atul Arun Pathak
Keyword(s):  
Airline Industry ◽  
Design Methodology ◽  
Current System ◽  
Regulatory Change ◽  
Content Type ◽  
Regulatory Changes ◽  
Lower Fare ◽  
The Government ◽  
The Right ◽  
Practical Implications

Purpose – This paper aims to explain how airlines in India and customers can both benefit by the unbundling of services. Design/methodology/approach – The paper explores how a recent regulatory change allowing unbundled services will affect the airline industry in India. Using illustrations, it highlights the benefits to the airlines and to the customers. It recommends the strategies that airlines can follow. Findings – Airlines in India can now offer unbundled services. However, regulatory authorities need to allow greater flexibility to airlines. Given more flexibility, airlines can design offerings that will improve their profitability while simultaneously benefiting customers. Practical implications – The government needs to go beyond the current regulatory changes. Providing increased flexibility will benefit both airlines and customers. Airlines would need to understand customers more intimately, experiment in the market, lobby for flexibility and develop strategic agility to benefit from the changed regulations on unbundled services. Social implications – It concedes that airlines can now design unbundled services such that only those customers who value a service get charged for the service. Those customers who do not need a service can get away by paying a lower fare. The government has taken the first steps in the right direction. Once it provides greater flexibility, the airlines in India can benefit significantly. Originality/value – The paper considers the unique context of the airline industry in India where recent regulatory changes are likely to make the industry more dynamic and improve profitability of airlines. It provides insights in to the challenges faced under the current system and recommends strategies for the government and companies to follow.

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