Mining Leases Without Ratification Due to Ministry Delays – Aubynn

General News of Sunday, January 20th, 2019

Source: Graphic.com.gh

2019-01-20

Toni Aubynn, former director general of the Minerals Commission and founder of the think tank of the African Institute of Extractive Industries, said that many of the major mining companies in Ghana have not seen their mining leases ratified by Parliament because of the tremendous work done by the Ministry of Lands and Trade. Natural resources.

According to him, mining companies can not be held responsible for this anomaly.

Rather, it was because of the workload at the Department of Lands and Natural Resources, which had prevented the department from completing its part of the process.

Commenting on the action led by two members of Parliament, Alhbadan Sayibu Suhuyini for Tamale North and Ernest Henry Norgbey for Ashaiman, who sued 35 mining companies, the Attorney General and the Minerals Commission for violating Ghana's Constitution by acting without that Parliament did not ratify them Mr. Aubynn argued that mining company approvals had been delayed because of the general inertia of the departments that had to approve them.

"If you look at the suite of institutions that regulate it, you would be surprised, so there will certainly be delays," he said in a radio interview with Joy FM, based in Accra.

In a lawsuit filed in the Supreme Court on December 24, 2018, the plaintiffs [Suhuyini and Norgbey] argue that corporations such as Newmont Ghana Limited and Anglogold Ashanti violated Article 268 of the 1992 Constitution by conducting mining activities at a time when Parliament had not ratified their mining leases in accordance with the law. 39, Article 268 of the Constitution.

They further argue that, unless Parliament ratifies or approves a mining agreement, the mining agreement holder can not engage in any mining activity; As a result, the 35 mining companies acted illegally.

Both legislators therefore ask the court to prevent mining companies from continuing their activities until the necessary ratification.

They also want the Court to order the mining companies to repay all the money or financial benefits attributed to them through the illegal exploitation of Ghana's natural resources.

Admitting that some mining companies operate in Ghana without ratification of their mining leases by Parliament, Dr. Toni Aubynn told the radio station: "… you know that mining companies can not ratify themselves, their leases, they will have to go through the process and all you have to print each document nearly 200 copies or more. "

"Our Ministry of Lands and Natural Resources is probably one of our most active ministries because the minister looks at land, forests and mines, the three of them being busy."

"Let's not forget that once the ratification concerns not only the major mining companies, the law states that all minerals are considered leases. If it is winning, you must apply for ratification in accordance with the constitution. "

"If it's small-scale mining, you have to get the ratification. So you can be sure that if Parliament spent some time on the ratification of these documents, I am sure that they would not have time to move on.

Dr. Aubynn stated that the law made it clear that you had to get the ratification before you could start working, but he added, "If it's realistic, it's something else, the law can take you the license because you have violated it, but to the courts to decide. "

"But seriously, once you break the law, you can have some degree of mitigation of the fact that you have applied and that you have done everything, and that the lawyers, the judges, are human beings, … if the man did that, fulfilled his share of the obligation of ratification, the department did not do his part, maybe rather than withdrawing him all the license , will ask him to stop and continue ratification, "said Dr. Aubynn.