Nana Amoateng Brenyah, Chief of Barekese in the Atwima Nwabiagya North District of the Ashanti region has called for a review of the Minerals Act 2006, Act 703 as amended by Act 995, which revises laws on minerals and mining and provides for mineral ownership, mineral rights, land acquisition and the cadastral system.
He said a step in this direction would help mitigate the devastating effects of illegal mining which is now serving as a source of livelihood for many.
The chief said the review should consider chiefs as custodians of concessions in their various jurisdictions to make the provisions therein effective.
He noted that despite the provisions of Article 257 (6) of the Constitution, which states that “Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for, the people of Ghana”, chiefs as custodians have surface rights and must be recognised as such.
Nana Brenyah’s concern, expressed in an interview, borders on the provisions of the Act, which regard chiefs as mere custodians of the land from which the minerals are extracted and have no effective roles in monitoring.
He cited instances where mining firms are operating in his jurisdiction without any notice under the pretext that they had acquired licences and mining rights to mine in concessions in his area.
The Barekese chief claims he conferred with the late Offinsomanhene, Nana Wiafe Akenten III and resolved not to tolerate illegal mining in the Barekese enclave comprising 14 communities, which resolution he has jealously guarded the past four years.
Nana Brenyah said his investigations had revealed that some mining firms are operating in concessions on his land without his knowledge and wondered how a mining firm going by the name Offinso Goldfields Limited and variously operating Gold Pot International and Afotokwa is all operating on Barekese land without any recourse to the Barekese stool or Manhyia Palace.
He said such mining firms manage to get gazetted by the Minerals Commission whether or not chiefs have assented to it and suggested that the law must be looked at to involve chiefs in the regularisation of the mining industry.
He likened concessioners who would want to operate without recourse to chiefs to illegal miners and stressed that it was high time custodians of the land who have surface rights are respected and recognised in the acquisition process of mineral and mining rights.
According to the chief, illegal mining is life threatening as miners arm themselves with sophisticated arms and employ heavy duty machines to extract minerals at the expense of peoples’ right to livelihood.
This situation, the chief said, must be regularised to ensure that the fight against the menace yields the desired results.
“Exploration should not be seen to be exploiting the people who deserve better”, he said and affirmed that until such review and regularisation is done, he will resist attempts and incursions by illegal miners to operate in his area on the mere claim that they have acquired mining licences to explore minerals.
He commended the Minister of Lands and Natural Resources, Armah Kofi Buah for the revocation of mining licences and hopes the industry players would be regularised to bring sanity into the mining sector.
