Mining engineer Dr. Kenneth Bansah has weighed in on the legal issues surrounding the Samreboi mining case involving New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, saying mine reclamation in Ghana is governed by strict regulatory requirements that must be properly documented
Below is the full write up:
In Chairman Wontumi’s Samreboi case, we heard that he only asked Henry Okum to reclaim the mining site and grow coconuts. Mr. Okum largely disagreed with that assertion.
Granted that Chairman Wontumi authorized Mr. Okum to conduct reclamation, let us understand a few things here for our learning.
Reclamation of mining sites is governed by law. If you own a mining concession, you are supposed to submit reclamation plans to the regulatory agencies, including the Minerals Commission and the EPA.
The plans should show the areas of land that will be disturbed and the strategies needed to restore it, including vegetation establishment and other reclamation activities.
The regulatory agencies review and approve the reclamation plans. The cost of reclamation is also estimated, and the mining company is required to provide financial assurance (reclamation bond) to ensure that the funds are available for reclamation. The state uses the bond to reclaim the land in case the mining company defaults on its obligations.
If the argument is that Chairman Wontumi directed Mr. Okum to conduct only reclamation, then some questions need to be asked.
Where were the reclamation plans? Were there engagements with the Minerals Commission and EPA regarding the reclamation work? Was there financial assurance with the EPA? Were there inspection reports documenting the reclamation work?
If such evidence existed, it could have been helpful to his case.
Chairman Wontumi argued in court that Mr. Okum was expected to recover his cost of reclamation through the future sale of matured coconuts. In the ruling, the judge described this claim as an afterthought.
Similarly, it seems the argument that Mr. Okum was asked to only conduct reclamation on the site could also be viewed as an afterthought.
But this case sends an important message to those who have not been arrested yet for similar offences. It is a simple but critical message. Ensure that you involve professionals to help you conduct your small-scale mining activities in accordance with the law.
Whether it is political witch-hunting or not, if you follow the law and have the documentation to prove it, you will be in a much stronger position to defend yourself.
Kenneth Bansah, PhD, PE
