An act that may Disturb the Reset Agenda with Inconsistency in the Chairman Wontumi Samareboi Case versus Ms. Angela Atieh Case

The Mining laws of Ghana are embedded (rooted) in the Minerals and Mining Act 2006 (Act 703). Act 703 is structured into two main sectors namely the Large Scale Mining Sector and Small Scale Mining Sector, with the associated Mining rights as Mining Lease ( exploitation Rights) opened to global persons or companies , and Small Scale Mining License which is exclusively for citizens of Ghana (Ghanaians) respectively.

Large-scale mining in Ghana is opened to global persons or companies, but only after they meet strict legal, financial, and local incorporation rules. Unlike small-scale mining, which is strictly reserved for Ghanaian citizens, large-scale mining allows foreign participation. However, applicants face mandatory local content rules, capitalization minimums, and strict operational guidelines managed through Minerals Commission of Ghana.

The Large Scale Mining Sector is capital intensive and is governed by Section 1 to Section 80 of Act 703 with corresponding offences and penalties at Sections 106 to 108 of Act 703, strictly administrative offences.

Hence exclusively as ministerial jurisdiction for Regulatory enforcement and associated administrative punishment so as to ensure to attract Foreign Direct Investment versus judicial severity with threats of criminal punishment which will a very serious disincentive hence will deter or prevent Foreign Direct Investment in a competitive global environment.

Small Scale Mining Sector is a method of mining with no use sophisticated technology and no use substantial money hence sometimes as Artisanal Small Scale Mining to protect the environment and related local communities, as such, it is exclusively for citizens for Ghana hence zero tolerance for foreigners.

The Small Scale Mining Sector is governed with Sections 81 to 98 of Act 703 with the offences and penalties at Section 99 of Act 703 mainly to check illegal Small Scale Mining activities or illegal gold transactions by persons with no mining rights nor gold transaction rights for an affected area or gold transaction matters respectively.

Hence, the Small Scale Mining Sector must entail criminal undertone to ensure zero tolerance for foreigners and arrest the possibility of greedy citizens who may front for foreigners and to check illegal small scale mining by persons with no mining right or license for the designated area. Thus the punishment for offenders no mining rights is exclusively the Jurisdiction of a High Court.

Matters including likely Breaches of Act 703 by Holders of Mining Rights both Mining lease holders and holders of the Small Scale Mining License are regulated by Minerals and Mining Licensing Regulations 2012 (LI 2176). Section 200 (3) of LI 2176 and Section 251 of (3) of LI 2176, require the Sector Minster to give 120 days for Holders of Large Scale Mining concession (or lease) and holders of the Small Scale Mining License respectively.

Consequently, by Minerals and Mining Licensing Regulations 2012 (LI 2176) with Section 200 (3) of LI 2176 and Section 251 of (3) of LI 2176, a violation by of Act 703 by Holders of Large Scale Mining concession (or lease) and holders of the Small Scale Mining License represents or demand equal standards.

Unfortunately, Chairman Wontumi with Mining Rights at Samareboi who reportedly breached Section 14(1) of Act 703 had his case not treated as exclusively as ministerial jurisdiction for Regulatory enforcement with the likely associated administrative punishment was wrongly charged with Section 14 (1) of Act 703 under Large Scale Mining and punished with Section 99 of Act 703 under the Small Scale Mining Sector hence judicial severity which negates Article 19 (11) of the Constitution due to mismatch of the offence with the penalties due to a thus he was not made to experience the Regulatory enforcement of LI 2176

Adamus Resources with Ms Angela Atieh as the principal Director or Owner reportedly breached Section 14(1) of Act 703 and allegedly committed other administrative offences after seemingly made to enjoy Regulatory enforcement of LI 2176.

The revocation of adamuss mining rights for severe violation s including operational breaches , non-payment of taxes, royalties arrears and variance in gold export details versus the imprisonment of Chairman Wontumi for a mere breach of Section 14(1) of Act 703 raised on the front burner, the question why no strict regulatory enforcement or procedural due process for both cases as in LI 2176.

These two concurrent actions due to similar breaches of Section 14(1) of Act 703, by Holders of Mining Rights, demo a lack of a single uniform standard across the entire mining sector. Hence, demo a seemingly derailment of the Reset Agenda for a Better Ghana from God through His Excellency President Mahama, due to violations of provisions of the 1992 Constitution especially on Human Rights especially Article 17 of the 1992 Constitution which decrees Equality and Freedom from Discrimination.

Consequently, this is against a national dogma of One Ghana, One Constitution and One People and also violates Article 19 (11) of the Constitution, which says an offence must be defined and must match with the penalties. To meet Constitutional requirements the offences and penalties for Large Scale Mining Sector are at from Sections 106 to 112 of Act 703 and for the licensed Small Scale Mining Sector at Section 87 of Act 703. Otherwise at Section 99 for Zero holders of mining rights for Small Scale Mining licensing sector.

Why Holders of Mining Rights as politically-linked mining actors or Holders of Mining Rights as local Mining Lease holders face harsher punishment or more politicized enforcement as compared to other Ghanaian Operators in Ghana in the Mining Sector, has highlighted an inconsistent standard of the State accountability regarding regulatory breaches.

Consequently, the situation has raised constitutional/ legal and a consistency matter question or litmus test for the Judiciary and the Office of the President to act when the power of an Appellate Court is iinvoked and on reading this submission respectively

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