Wisdom Edem Gomashie wrote this article
The recent decision by the Minister of Lands and Natural Resources, Emmanuel Armah-Kofi Buah, to revoke all small-scale mining licenses issued after December 7, 2024, is not only unlawful but also fundamentally flawed in addressing Ghana’s illegal mining crisis.
This decision, based on recommendations from a technical committee chaired by Prof. Oteng Ababio, suggests that last-minute license approvals were responsible for the worsening illegal mining situation. However, this claim is misleading and ignores the broader issues plaguing the sector.
THE REAL PROBLEM IS NOT THE LICENSES
Illegal mining in Ghana has persisted for years due to several factors:
• Unregulated mining operations destroying water bodies and forests despite efforts by some regulatory institutions;
• Encroachment on concessions belonging to multinational companies.
• Even some licensed small-scale miners engaging in unconventional practices.
The Minister’s claim that, the over 100 licenses granted after December 7, 2024, are the main cause of galamsey is factually incorrect and legally indefensible.
VIOLATION OF DUE PROCESS & MINERALS COMMISSION’S AUTHORITY
The Minerals and Mining (Licensing) Regulations 2012, LI 2176, specifically outlines the legal grounds for revoking a small-scale mining license. These include failure to pay taxes, insolvency, false statements during the application process, illegal mineral sales, or criminal convictions by the holder of the license among others.
Being granted a license after December 7, 2024, is NOT a lawful reason for revocation.
Moreover, only the Minerals Commission has the legal mandate to recommend revocations—not an ad-hoc committee with possible political motivations though can make inputs.
Has the Minerals Commission verified and endorsed this decision? If not, this raises serious questions about whether the Minister acted within his legal authority.
AN UNJUST DECISION WITH SERIOUS CONSEQUENCES
Beyond legality, this mass revocation is an unfortunate move that could:
1. Expose the government to costly legal battles, as affected license holders could sue for compensation.
2. Undermine efforts to get miners regularised;
3. Fail to address the root causes of illegal mining, which go far beyond the timing of license issuance.
THE WAY FORWARD
Instead of politically motivated revocations, the government should:
• Conduct an urgent audit of Ghana’s mineral cadastral system to separate genuine operators from illegal ones.
• Strengthen institutions like the Minerals Commission, rather than bypass them through politically influenced technical committees.
• Support the Ghana National Association of Small-Scale Miners (GNASSM) to act as a self-regulating industry watchdog.
Illegal mining is a serious issue, but misguided decisions that violate legal procedures and due process will not solve it.
The Minister must rescind this flawed revocation policy immediately and adopt a more strategic, legally sound approach to sanitizing the small-scale mining sector.
Thank you.
