Mining consultant and policy analyst engineer, Mr. Edem Gomashie, has called on Ghanaians to familiarise themselves with the laws and regulations governing Ghana’s mining sector to ensure that they are properly understood and applied.
According to him, Ghana has clearly defined rules and regulations governing mining activities, making it important for the public to understand the legal provisions surrounding the sector.
Reacting to the conviction and sentencing of Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, Mr. Gomashie said the development had compelled mining professionals to explain the relevant provisions of the law to the public.
Chairman Wontumi was sentenced to 20 years in prison after the High Court, presided over by Justice Audrey Kocuvie-Tay, convicted him in connection with the assignment of minerals without ministerial approval.
“Chairman Wontumi is not my friend. I don’t even know where his house is, but let the truth be told. When I heard that he had been sentenced to jail, I said that we, the mining professionals, need to come out and explain everything in detail regarding the mining laws,” he said.
Speaking in a phone interview with Oheneba Nana Asiedu on the Wontumi Morning Show, Mr. Gomashie warned that a failure to properly clarify and apply the mining laws could set a precedent with serious implications for Ghanaians.
He explained that under the Minerals and Mining Act, 2006 (Act 703), a holder of a mining lease may engage another person or entity to undertake mining activities on the concession, subject to the requirements of the law.
“If you are given a mining lease by the Minerals Commission, the document permits you to employ someone to work for you. If you read Section 46 of Ghana’s Mining Act, Act 703, it states clearly that you can assign someone to work for you,” he explained.
Mr. Gomashie also responded to claims that Chairman Wontumi purchased excavators for use at the mining site.
“I heard some people arguing that Chairman Wontumi bought excavators for the mining site. What were they expecting him to use to do the mining? Should he use his teeth to mine on the concession he has used his money to pay for?” he asked.
“I want to make it clear that, so far as you have genuine documentation for a concession, you have the right to acquire your own excavator and deploy people to work on the concession for you.”
According to Mr. Gomashie, Chairman Wontumi did not simply hand over his mining lease to another person. He argued that the distinction between assigning a mining right and engaging another party to undertake mining operations must be properly understood.
He further claimed that, as far as he was aware, the Attorney-General had not presented evidence showing that Chairman Wontumi personally engaged in illegal mining, commonly known as galamsey.
“We must be very careful about whatever we do to make sure our Judiciary does not become a threat to ordinary Ghanaians,” he cautioned