The Impact of MoFFA Law on Ghana’s Funeral Industry
Ghana’s funeral industry is steeped in tradition, blending cultural expressions and spiritual beliefs. The Health Institutions and Facilities Act, 2011 (Act 829), enacted on December 31, 2011, established the Mortuaries and Funeral Facilities Agency (MoFFA) to introduce a structured and standardized framework in the funeral sector to improve health conditions.
This article explores MoFFA's role, mandates, and impact on Ghana’s funeral industry. It also addresses a call to action since the Agency announced that it will actively enforce the regulation and requires that the applicable organizations obtain a license before the end of February.
Understanding MoFFA and Its Mission
The Mortuaries and Funeral Facilities Agency (MoFFA) operates under a clear mandate to protect public health by ensuring that funeral services regarding treatment of human remains are conducted professionally and ethically. Guided by the Health Institutions and Facilities Act, 2011, Section 43(1), MoFFA’s mission includes:
Licensing: Ensuring all facilities and practitioners dealing with human remains meet set standards.
Regulation: Enforcing compliance with public health protocols.
Education: Informing practitioners and the public about safe and ethical practices.
MoFFA's vision is to become the ultimate regulatory body safeguarding public health in Ghana’s funeral and death care industry.
Mandate of MoFFA
According to the Health Institutions and Facilities Act, MoFFA’s primary mandate revolves around the storage, transportation, and disposal of human remains, which include:
The bodies of deceased persons.
Stillborn children.
Parts of bodies removed during surgical operations.
MoFFA regulates the operation of funeral homes, mortuaries, crematoriums, and burial sites, ensuring these facilities adhere to health and environmental standards.
Offenses Under MoFFA Law
The agency enforces strict rules to uphold its objectives. Violations can attract significant penalties and include:
Practicing in unlicensed facilities.
Operating facilities without a valid license.
Misusing facilities for purposes other than what they are licensed for.
Making false declarations in license applications.
Failing to renew facility or practitioner licenses.
Obstructing MoFFA inspectors.
Polluting the environment during funeral operations.
Unauthorized handling, burial, or exhumation of human remains.
MoFFA’s Role in the Funeral Industry
MoFFA oversees three primary services in the funeral sector:
Licensing
All facilities and practitioners involved in storing, transporting, or disposing of human remains must be registered and licensed by MoFFA. This includes funeral homes, mortuaries, crematoriums, and cemeteries. Licensing ensures that operations meet public health standards and that facilities are fit for purpose.
Regulation and Monitoring
MoFFA conducts routine inspections of facilities to ensure compliance. This minimizes risks of environmental pollution, improper handling of remains, and unethical practices.
Education and Awareness
The agency provides training and guidelines to stakeholders in the funeral industry. This enhances professionalism and public confidence in funeral services.
Impact on Ghana’s Funeral Industry
Standardization and Professionalism
MoFFA’s licensing and regulatory framework have raised operational standards, ensuring funeral homes and mortuaries adhere to best practices. Practitioners are now required to undergo rigorous checks, fostering professionalism across the sector.
Public Health Safeguards
By emphasizing hygiene and ethical handling of human remains, MoFFA has significantly mitigated public health risks. The agency’s oversight has curbed practices such as unauthorized exhumations and unregulated burials.
Environmental Protection
Strict regulations on waste disposal and burial practices protect the environment. MoFFA’s enforcement of these laws has reduced incidences of pollution associated with funeral operations.
Challenges in Compliance
While MoFFA’s efforts are commendable, compliance has been a hurdle for some operators, particularly in rural areas. Many traditional and informal practitioners struggle to meet the agency’s requirements, highlighting the need for continuous stakeholder engagement.
The Mortuaries and Funeral Facilities Agency (MoFFA) plays an indispensable role in shaping Ghana’s funeral industry. Its stringent licensing, regulatory, and monitoring frameworks have elevated the professionalism, ethics, and safety of the sector. While challenges persist, particularly in rural and informal settings, MoFFA’s commitment to public health and environmental safety underscores its importance.
As Ghana continues to balance tradition with modernity, MoFFA ensures that the funeral industry evolves responsibly regarding the treatment of human remains, honoring the dead while safeguarding the living.
Call to Action - Urgency
The Registrar of the Mortuaries and Funeral Facilities Agency (MoFFA), Dr. Yaw Twerefuor, has called on all mortuary and funeral facilities in Ghana to obtain operational licenses by the end of February 2025.
Speaking at an event to disseminate inspection tools for facilities, Dr. Twerefuor emphasized that the licensing process is critical to creating a safe and regulated environment for workers and clients. He warned that facilities failing to comply within the stipulated timeframe would face closure.
Before licenses are issued, MoFFA will conduct thorough inspections to assess equipment and adherence to operational standards. The initiative aims to minimize the spread of diseases and enhance public health and safety.
Dr. Twerefuor also highlighted the government’s commitment through the Ministry of Health and Ghana Health Service, to modernize and regulate the mortuary and funeral industry. Facility operators will have a two-month grace period to address deficiencies identified during inspections.
While minor compliance issues may be granted leniency, Dr. Twerefuor stressed that facilities lacking basic infrastructure, such as water, refrigeration, or backup power, must resolve these gaps before applying for licenses.
Prof. Edward Kofi Wiredu, the Board Chairman of MoFFA and a senior consultant pathologist at the Korle-Bu Teaching Hospital, reaffirmed the agency’s dedication to transforming the sector. He urged operators to align with the new standards to avoid penalties and ensure consistent service delivery.