2008
SUPREME COURT
GHANA
CORAM
AI Generated Summary
In the Supreme Court of Ghana, Justice Sophia Akuffo JSC delivered consequential orders arising from a settlement between the plaintiff and the first defendant to enforce Article 15(1) and (2) of the 1992 Constitution concerning respect for human dignity. The orders target the eradication of pan latrine use in the Accra Metropolitan Area and transition to improved sanitation systems. The first defendant must phase out pan latrines within five years from 8 July 2005, undertake comprehensive public education beginning 8 July 2008, and facilitate conversion of existing pan latrines to Kumasi Ventilated Improvement Pit (KVIP) or water closet facilities through subsidies. By the end of 2010, the first defendant must build 1,500 KVIP and water closet public toilets. Thereafter, it must strictly enforce prohibition of pan latrines, limit permits to plans with approved sanitation, and prosecute persons who hire others to manually carry human waste—all to vindicate constitutional dignity.
SOPHIA AKUFFO JSC delivered the following consequential orders pursuant to the terms of settlement of the plaintiff's suit filed by both the plaintiff and the first defendant as previously ordered by the court. The plaintiff and the first defendant, having settled the matter herein (aimed at enforcement of article 15(1) and (2) of the 1992 Constitution relating to respect for human dignity) upon the terms set out in the Terms of Settlement filed in this court on 9 July 2008, it is hereby ordered that:
(a) the first defendant shall phase out the use of pan latrines in the Accra Metropolitan Area within five years maximum from 8 July 2005;
(b) towards this end, the first defendant shall cause sufficient publicity to be mounted throughout the Accra Metropolis to prepare all citizens accordingly, of the abolition of the construction of pan latrines, with effect from 8 July 2008, and the discontinuance of the use of all pan latrines within five years from 8 July 2008;
(c) the first defendant shall facilitate, by all means possible, particularly through the arrangement of subsidies, the conversion of all existing pan latrines into Kumasi Ventilated Improvement Pit (KVIP) or water closet facilities;
(d) the first defendant shall construct 1,500 KVIP and water closet public toilet facilities by the end of the year 2010;
(e) after 2010, the first defendant shall strictly enforce the prohibition of pan latrine facilities throughout the Accra Metropolis and prosecute owners of such facilities who fail to convert their facilities into water closet or KVIP facilities;
(f) with effect from 8 July 2008, the first defendant shall not grant any new building or development permits in respect of any structural or building plans that do not make adequate provision for water closet, KVIP or similarly approved facilities;
(g) after 2010, the first defendant shall prosecute any person who engages any other person to carry human waste in a pan.
[SGD] S. A. B. AKUFFO(MS.)
JUSTICE OF THE SUPREME COURT
[SGD] S. A. BROBBEY
JUSTICE OF THE SUPREME COURT
[SGD] R. T. ANINAKWAH
JUSTICE OF THE SUPREME COURT
[SGD] S. O..A..ADINYIRA (MRS.)
JUSTICE OF THE SUPREME COURT
[SGD] S. K. ASIAMAH
JUSTICE OF THE SUPREME COURT