Supreme Court Bans Use Of Pan Latrines

By Stephen K. Effah
Friday, 18 July 2008

The Supreme Court has banned the use of pan latrines in the Accra metropolis, and directed the Accra Metropolitan Assembly (AMA) to phase them out within five years.

Consequently, it has requested the AMA to construct 1,500 water closet and KVIP public places of convenience in the metropolis within the period, effective July 8, as well as arrange subsidies for those who will convert their pan latrines.

The five-member panel, presided over by Justice Sophia Akuffo, further asked the AMA to publicise the abolition of pan latrines in the metropolis, and prosecute those who fail to convert theirs to water closet or KVIP within the five-year period.

The orders by the highest court on Wednesday, followed the success of a writ brought against the AMA by an Accra-based legal practitioner, Nana Adjei Ampofo, challenging the Assembly’s constitutional right to engage people to carry human excreta from pan latrines.

Adopting a settlement agreed upon by the AMA and Nana Ampofo, the court urged the assembly to enforce the prosecution of those who fail to convert their pan latrines in the metropolis.

Further, the court asked the AMA to stop granting permits to building plans "that do not have adequate provision for WC or KVIP," and directed the assembly to prosecute anyone who engages people to carry human waste after the period.

After reading the terms of the settlement, Justice Akuffo congratulated Nana Ampofo for embarking on such an initiative and for winning the case, adding "history will be very grateful to you".

Nana Ampofo, in February this year, commenced action on the matter, arguing that the act or practice of the AMA in engaging the services of some Ghanaians to carry faeces or toilet in pans on their heads is an affront to their dignity.

He thus prayed the court to restrain the AMA to abolish the practice, since in his view, it is not only cruel and inhuman, but degrading to the carriers as human beings.

According to Nana Ampofo, the practice is inconsistent with, and contravenes Article 15 of the national Constitution which states, among other things, that the dignity of all persons shall be inviolable, and that no person shall whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatments or punishment.