Court dismisses Earl International Group GH Ltd and Wei Xing application against Yenyeya Mining Group
On Wednesday, September 20, 2023, the Bolgatanga High Court 1, led by Justice Charles A. Wilson made the decision to dismiss the application brought against Yenyeya Mining Group by the legal team representing Earl International Group Ghana Gold Limited and its CEO, Wei Xing. Apenewsgh.com report The application sought to nullify the writ of summon filed by Yenyeya Mining Group. Based on the available information on this platform, Yenyeya Mining Group, the plaintiff, claims that in September 2008, a contract was established with Shaanxi Mining Ghana to assist his small-scale mining operations. Yenyeya Mining Group alleges that the defendants, Earl International Group Ghana Gold Limited and their CEO, Wei Xing, failed to fulfill their responsibilities outlined in the agreement. On May 12, 2023, Yenyeya Mining Group (the Plaintiff) filed a lawsuit against Earl International Group Ghana Gold Limited (the 1st defendant company) and Wei Xing (the 2nd defendant chief executive), seeking the following remedies: A. Compensation for the infringement upon the Plaintiff’s rights through the conversion of its ownership of a small-scale mining concession by the defendants. B. An injunction compelling the 1st defendant company to immediately cease all illegal operations carried out within the Plaintiff’s concession. C. A permanent restraining order prohibiting the defendants from engaging in any illegal mining activities within the Plaintiff’s concession. However, on the 19th June 2023, the defendants (Earl International Group Ghana Gold Limited and CEO Wei Xing) filed a conditional appearance and filed a process to set aside the writ claiming Yenyeya Mining Group (the Plaintiff) did not have the capacity to sue the defendants. Ruling on the applications, Justice Charles A. Wilson announced to the court that he would address first the 1st defendant’s (Earl International Group Ghana Gold Limited) application to set aside the writ of summons, on the judge’s opinion, his explanation was that, if the 1st defendant (Earl International Group Ghana Gold Limited) application to set aside the writ of summons is granted, it would render the plaintiff action otiose. In support of the application, the first defendant deposes and argues that the plaintiff, even though it is a licensed mining company is not a legal entity that is clothed with the capacity to sue and be sued. Furthermore, Justice Wilson acknowledged the parties counsel and agreed that there are two motion applications which they have respectively made, awaiting this court’s ruling. Giving his ruling on the said application, Justice Wilson said: “I would deny the application because it seeks largely the same injunctive relief. The application for an interim injunction by the plaintiff is refused”. According to the judge, Order 37 rule 2 of High Court Civil Procedure Rules C.1 47 provides. “it is the duty of the parties, their lawyers and the court to avoid all unnecessary adjournments and other delays, and to ensure that causes or matters are disposed of as speedily as the justice of the case permits.” “In the context of the above, the defendants are ordered to file a defense within 10 days from the date hereof”. “Cost of Ghc 5,000.00 is hereby awarded to the Plaintiff/Respondent Yenyeya Mining Group” the Judge rules. Despite the absence of Lawyer Joseph Awakpaksa legal representation for Earl International Group Ghana Gold Limited and CEO Wei Xing, the court proceeded with the ruling. Lawyer Juliet Dale Agbo, representing Yenyeya Mining Group, provided additional details on the court proceedings to Apexnewsgh.com. The defendants’ counsel filed an application stating that the plaintiff lacks the legal standing to sue them, as they operate within the plaintiff’s concession area. “And you know the plaintiff has an agreement beginning from the days of Shaanxi and then, somewhere somehow, they changed the company from Shaanxi to Earl International and we have proof of all that. They changed from Shaanxi Mineral Processing to Earl International and these can be found in the Registrar General’s records. So, our search revealed that they initially changed Shaanxi to Shaanxi Mineral Processing Company and then subsequently to Earl International”. She stressed “So, in their application, one of the grounds they were standing on was that Earl International does not have any agreement with the plaintiff, that it was Shaanxi he had an agreement with. So, we produced all these documents to show that now indeed, Shaanxi has now become Earl International and the record with the registrar of companies has shown that is indeed the case”. “Today’s ruling is just the right thing to do, the plaintiff has the capacity to be in court to get redress for the bridge of the agreement which exists between the two parties”. “They have been ordered to file their defense within Ten days” She concluded Brief History: The Managing Director (MD) of Yenyeya Mining Group Charles Nadanbon brought Shaanxi now Earl International Group Ghana Limited into Ghana in 2008 to provide mining support services. Over the years, they formed a strong relationship, as evidenced by pictures showing their collaboration in China before the expansion in Ghana. However, in 2017, when Earl International (formerly Shaanxi) attempted to expand on a larger scale, they entered into a new agreement with Yenyeya Mining Group. Regrettably, the two businessmen are unable to meet and resolve their current differences. Find the ruling below: COURT RULING WED SEP 20, 2023 Source: Apexnewsgh.com/Ghana For publication please kindly contact us on 0256336062 or Email apexnewsgh@gmail.com
Small-scale miners frawns over Energy Minister’s pronouncement about whistle blowers
According to the small-scale miners, the government’s decision to offer incentives for reporting gold smugglers is unfair and counterproductive. They argue that the focus should be on addressing the root causes of smuggling rather than penalizing the already struggling miners. Apexnewsgh.com report One of the main challenges faced by small-scale miners is the lack of access to legal mining concessions. Many of them operate in unauthorized areas or have been denied permits due to bureaucratic hurdles. This pushes them into clandestine activities, including smuggling, as they try to make a living. Additionally, the miners face difficulties in accessing formal financial services and capital for their operations. This lack of financial support limits their ability to invest in proper equipment and technology, leading to lower productivity and higher costs. There are also concerns about the high taxes and levies imposed on small-scale miners, which further hamper their profitability. These miners argue that reducing these taxes and creating a more favorable regulatory environment would incentivize them to operate legally and contribute to the formal economy. The small-scale miners are calling on the government to consider their plight and engage them in finding sustainable solutions. They believe that collaboration and support, rather than punitive measures, are key to addressing the challenges in the mining sector and curbing smuggling. The government has yet to respond to the specific concerns raised by the small-scale miners. However, it is expected that further discussions and consultations will take place to find common ground and develop effective strategies to tackle gold smuggling while supporting the livelihoods of those in the small-scale mining industry. Mr. Peprah argues that the Oil-for-Gold deal, which requires oil importers to repay their debt in gold instead of cash, has led to a decrease in the demand for locally produced gold. This, in turn, has affected the ability of small-scale miners to sell their gold and generate income. He further asserts that this situation not only harms the miners’ livelihoods but also undermines the government’s efforts to curb gold smuggling. With low gold prices, illicit traders are able to offer higher prices, attracting miners to engage in illegal activities. The Small-Scale Miners Association is therefore calling on the government to reconsider the implementation of the Oil-for-Gold deal and find alternative ways to stabilize petroleum product prices without negatively impacting the gold market. It remains to be seen how the government will respond to these concerns and whether any adjustments will be made to address the issues raised by the small-scale miners. d to these concerns and whether any adjustments will be made to address the issues raised by the small-scale miners. Source: Apexnewsgh.com/Ghana For publication please kindly contact us on 0256336062 or Email: apexnewsgh@gmail.com
Informant about gold smugglers leading to an arrest, will get 20% of the gold—Energy Minister
The Ghanaian government is taking proactive measures to tackle gold smuggling and maintain the gold-for-oil policy. To strengthen these efforts, Energy Minister Matthew Opoku Prempeh has suggested a unique approach of rewarding whistleblowers with gold. Apexnewsgh.com reports The primary goal of these measures is to regulate the outflow of gold from Ghana, guaranteeing that the Bank of Ghana possesses an ample supply of gold for exchange. This enables the country to obtain cost-effective fuel through the gold-for-oil policy. By incentivizing Ghanaians to expose gold smugglers, Dr. Prempeh believes that the program’s sustainability and effectiveness will be greatly enhanced. Making citizens watchdogs against gold smuggling is expected to strengthen the country’s ability to control the illicit trade and ensure the smooth operation of the gold-for-oil policy. These measures demonstrate the government’s commitment to preserving the integrity of the gold-for-oil program and protecting Ghana’s natural resources. By actively combating gold smuggling, Ghana aims to safeguard its economic interests and maintain a strong position in the global gold market. The proposed policy is to offer a 20% gold reward to individuals whose tips provide information leading to arrests. This proposal is currently being considered for formal policy adoption. “We’re saying anybody who gives a tipoff or tells us and identifies anybody smuggling gold and leads to an arrest, that person will get 20% of the gold. And I’m sure very soon they’ll come up’, he said, adding: “Because I believe that nobody makes 20% of this whole business, the person who is coming to buy the gold doesn’t make 20%”. “So, if Ghanaians who are aiding them to smuggle the gold now can benefit from 20%, [it’ll curb the smuggling],” he said. “The level that is being exported to lobby is gradually tipping, so, we might come up formally and announce that policy,” he said at the Rotary Club of Accra Ring Road Central on Tuesday, 22 August 2023. Dr. Prempeh said Source: Apexnewsgh.com/Ghana For publication please kindly contact us on 0256336062 or Email: apexnewsgh@gmail.com
Minerals Commission secures land to construct office edifice in the Upper East Region
The Upper East Regional Coordinating Council (UERCC) has apportioned two plots of land to the Minerals Commission to construct its regional office edifice in the Regional Capital Bolgatanga. The allocation of the land is seen as a significant milestone for the Minerals Commission, as it will enable them to provide better services to the mining communities in the Upper East Region. The Regional Minister, Hon Stephen Yakubu, expressed his satisfaction with the allocation of the land and emphasized the importance of the Minerals Commission in the overall development of the region. He assured the Commission of the region’s commitment to supporting their activities and urged them to work closely with stakeholders to ensure the sustainable management of mineral resources. The construction of the regional office is expected to enhance the coordination of mining activities and promote the sustainable development of the region’s mineral resources. It will also provide a platform for the Commission to engage with stakeholders, such as small-scale miners, local government authorities, and community members, to address their concerns and ensure responsible mining practices. The Regional Manager of the Minerals Commission, Mr. Benjamin Atigah, expressed his appreciation to the UERCC for their support in securing the land. He stated that the office would greatly improve the Commission’s operations in the region. He also assured the Minister that the construction firm would be closely monitored to ensure that the project is completed within the stipulated timeframe. The Regional office of the Minerals Commission would provide services such as mineral rights registration, mining license issuance, and monitoring of mining activities in the region. In addition, it would serve as a hub for small-scale miners to access information and guidance on mining regulations, thereby promoting responsible and sustainable mining practices. Source: Apexnewsgh.com/Ghana For publication please kindly contact us on 0256336062 or Email: apexnewsgh@gmail.com
$300m dispute: Court places injunction on mining firm
The Commercial Division of the Accra High Court has placed an injunction on Australian mining firm, Cassius Mining Limited, from going for international arbitration over a $300 million dispute with the Government of Ghana (GoG). Cassius Mining has been fighting the government in international arbitration forums since February this year, seeking compensation for what, it claimed, were unfair treatment and breaches of mining laws by the GoG’s failure to extend the term of the company’s Prospecting Licence Agreement (PLA) after exercising its contractual right of extension. The court, presided over by Justice Akua Sarpomaa Amoah, imposed the injunction yesterday after it upheld an application by the Attorney-General (A-G), Godfred Yeboah Dame. The A-G had argued that per the PLA, any dispute between the mining firm and the GoG ought to be settled by arbitration in Ghana in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798), and not by an international arbitration panel. Court’s decision In upholding the application for injunction, Justice Amoah held that Cassius Mining failed to convince the court that it would suffer greater hardship, if the arbitration was done in the country. On the other hand, the judge was of the view that the GoG stood to suffer greater hardship, if the arbitration was done outside the country. “The balance of convenience also tips in favour of the applicant (A-G) as allowing the respondent to resort to international arbitration is not only arbitrary but will incur costs on the Ghanaian tax payers,” Justice Amoah held. Again, the court was of the considered view that the dispute settlement clause in the PLA, which enjoined the parties to resort to arbitration in Ghana, was an enforceable contract which was binding on the two parties (Cassius Mining and GoG). “The respondent (Cassius Mining) is restricted from instituting any international arbitration or taking any steps to initiate an international arbitration until the arbitration initiated at the Ghana Arbitration Centre by the respondent is determined,” Justice Amoah ordered. Challenge This is not the first time the A-G has successfully challenged Cassius Mining’s decision to go for international arbitration over the dispute. In March this year, the A-G successfully challenged the jurisdiction of the Permanent Court of Arbitration (PCA) in The Hague, Netherlands, to hear the dispute after Cassius Mining had filed for arbitration under the UNCITRAL Arbitration Rules before the PCA. Raising a preliminary legal objection, Mr Dame argued that the GoG had not consented to the PCA administrating the arbitration and also per the PLA, any dispute between the two parties must be resolved in Ghana in accordance with Act 798. The PCA upheld the objection by Mr Dame, declined jurisdiction over the dispute and refused to constitute a panel to hear the dispute. “The PCA Secretary-General may act as appointing authority under the UNCITRAL Rules, if all parties so agree. The PCA understands that no such agreement has been reached in this matter,” the PCA said in a letter dated March 20 this year to the parties. Background Per court records, on October 12, 2016, Cassius Mining Limited applied for a prospecting mining licence to explore minerals in Talensi in the Upper East Region. On December 28, 2016, the government, through the then Minister of Lands and Natural Resources, granted the mining firm a prospecting licence for two years, which was to expire in December 2018. On June 14, 2018, Cassius Mining alleged that the government had failed to uphold its part of the contract by not renewing the prospecting licence which was set to expire in December 2018. The mining firm, therefore, dragged the government to the Ghana Arbitration Centre on June 26, 2018, in accordance with the dispute settlement clause of the Prospecting Licence Agreement, which enjoins the parties to settle their disputes in Ghana in accordance with Act 798. An arbitral panel, which comprised Emmanuel Amofa, Kizito Beyuo and Professor Albert Fiadjoe, was formed to hear and determine the dispute. However, per the court documents, on January 23, 2019, Cassius Mining applied for a stay of proceedings for three months in order to explore settlement with the government. After the expiration of the three months, the mining firm applied for an extension which was granted but nothing was heard about the arbitration, although it was still pending. In February 2023, Cassius Mining instituted fresh arbitration at the PCA, which declined to hear the matter following the objection raised by the A-G. Graphic Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 0256336062
Third community mining scheme launched in Amansie West
The government has launched an innovative and responsible small-scale mining initiative in Banko, a town in the Amansie West District of the Ashanti Region. Endorsed by the World Bank and mining experts, this module aims to create employment opportunities for 2000 men and women in the region. The Banko Community Mining Scheme (CMS) was officially launched on Wednesday, July 26, 2023, with the presence of George Mireku Duker, the Deputy Minister for Lands and Natural Resources, alongside traditional authorities and other government officials. During the launch, Mr. Mireku Duker, representing the Sector Minister, Samuel A. Jinapor, revealed that the government is fully committed to the success of this project. Logistics and personnel support will be provided by the government to ensure the scheme’s smooth operation. As part of their efforts to promote responsible mining practices, the government has procured a number of mercury-free machines to aid in the recovery of precious minerals, with one such machine allocated to the Banko CMS. To ensure environmentally friendly operations, regional officers, a geologist, and a mining engineer will be assigned to the concession to oversee operations and minimize adverse effects on staff and the environment. During his speech, the Deputy Minister reiterated his concerns about illegal mining and warned that those found engaging in such activities will face severe legal consequences upon apprehension. He urged the local chiefs and residents to play their part in fighting illegal mining, emphasizing that they have the authority to arrest individuals involved in such unlawful practices. Mr. Mireku Duker, who is also the lawmaker for the Tarkwa-Nsuaem constituency, expressed optimism that the Banko township and nearby areas will experience significant development following the implementation of the Community Mining Scheme. Mr George Obeng Takyi, the Member of Parliament for Manso Nkwanta Constituency, hailed the project as a great initiative that will alleviate poverty and unemployment in the region. He urged his constituents to refrain from illegal mining activities and emphasized the importance of protecting Ghana’s valuable resources. The Banko Community Mining Scheme is the third of its kind in the Amansie West District and brings the total number of CMS concessions in the country to 22. With the support of the government and various stakeholders, this responsible mining approach is expected to have a positive impact on the local community and contribute to Ghana’s sustainable development. Classfm
TAMA Foundation organizes a paralegal training workshop for 50 participants from selected mining communities in the north
Executive Director Center for Public Interest Law (CEPIL) Lawyer. Augustine Niber has taken a group of Civil Society and Community based Organizations and individuals from the 5 regions of the north through extensive legal training on mining laws, regulations, and policies. Engaging with the media, during a 2 days Paralegal training workshop organized by TAMA Foundation Universal for Members of Community Action Groups in Northern Ghana under NaRAING phase 2 project, Lawyer Niber expressed that the programme is to provide participants with a basic overview of the law that governs the mining sector. “It was geared towards looking at how Gold, particularly as a resource in the country, the legal laws governing this resource, and how mineral applications are made. Particularly, we tried to reiterate that gold or any form of Natural resource or mineral that is found is vested in the President on behalf of the people of Ghana and that harnessing these resources is to be geared towards the overall development and benefits of these communities”. Explaining further he said, the communities were taken through the Mineral and mining act particularly Act 703 and the provisions related to the Act, and also, “we looked more specifically at the issue of the revenue stream as provided under the Mineral and Mining Act, how those resources are generated and the fact that a legal regime is the one that governs the amount of physical resources we get from the operations of the mining sector”. “We also looked to a larger extent the benefits that accrue for the mining companies and the benefits that accrue to the government at large and we zero it down specifically to issue of compensation as a basic requirement under the law, that before a company goes unto a land that belongs to a community, individual or a family that the entry of into the land is subject to the payment of compensation. Then, we had the opportunity to closely look at issues of compensation, the principles that guide the determination of compensation”. According to Lawyer Niber, what was important, is to let participants know that in times of determination of compensation, it is through negotiations between the owner or lawful occupier and that of the mineral lands holder and this is to be done and where there is any disagreement, a reference should be made to the Minister for the first attempt to be solved before any attempt to seek another judicial process in resolving the level of compensation that is due the people. “So generally, the programme is intended to equip them basically with the aspect of the laws and regulations that govern the minerals and the mining sector and to better equip them within their communities to look out to many of the issues that arise in these mining-related communities”. And very importantly, an attempt is to try to prevent the issues of mining-related conflict that occur in other areas from happening in the communities and usually, it is at the inception stages of mining that creates most of the legacy issues and issues that bring about conflict. And once a community or group of people are knowledgeable about the law, at least they are able to ensure that the entry requirements and any other related mining issues are addressed at the early stage. Participants who spoke to Apexnewsgh.com, could not hide their joy, they extended their gratitude to TAMA Foundation Universal, CEPIL, and Ford Foundation, especially for the education they received during the training workshop. One of the participants from Bongo District of the Upper East Region Hon. Philemond Ataba, Assembly member for Soe Tamolga Electoral Area said, he enjoyed the training because his community Bongo Soe is one of the community’s things are going on wrongly and community members are not happy about it. “We have learned a lot of things that will guide us as a community to work with these small-scale miners. There are some laws Lawyer Niber mentioned when he was presenting especially with compensation and now, we understood some of the activities”. He said Osman Kanton Luriwe, Executive Director, ASUDEV, said the workshop has been very significant, he expressed satisfaction for being part of the paralegal training on mining which will their communities. “Where I come from, the Sisaala Area there is no particular mining company operating there but we have a few illegal mining activities going on in some communities. But once we have minerals there, it means there is a possibility that in the near future, some mining licenses may be issued and the training we have undergone today has given me enough information about mining laws in this country, about the rights of communities in term of their engagement with government for the release of area for mining”. The acting President of the Upper East Youth Association Adingo Francis described the paralegal training workshop as an eye-opener. “With what we have learned today, is a great eye-opener for us and I just pray that we implement it in our communities. Because we realized that companies are coming into our various communities and all we see, is that opinion leaders like the chiefs, the DCE, and the Assemblyman are the beneficiaries but, if you go into the community the people that the activities of these mining companies affect there is nothing for them. “Per the laws we have seen, in this 21st century, we shouldn’t have those laws again in our books. Because, per what is currently in the book, it was made to give more incentives to foreign companies because of their technical know-how. But yet, the resources are with us. You can imagine depending on a portion of land where your house is, where you farm and all of a sudden they say the lands and the minerals are all vested in the hands of the President in trust for the people. I think the people that draft the constitution did that thinking we will have good leaders who think about the
Just In: Assembly members to stage a massive demonstration against Earl International Group Ghana Gold Limited Tuesday
Talensi Constituency will be witnessing another massive demonstration against Earl International Group Ghana Gold Limited. Speaking to the Talensi District Assembly’s Presiding Member, John Millim Nabwomya, He confirmed to Apenewsgh.com on Monday that nothing is unchanged as far as the demonstration is concerned. When asked, about the motive for their planned demonstration against the Mining Company, the Presiding Member in his said, “We had some discussion with the company earlier sometime last year about the road they have been using. Is all about the maintenance of the road in the district, especially the one from the district capital to the Eastern part where the company is located”. According to Hon. Millim, the company is not cooperating with their request. Meanwhile, this is not the first time these Assembly members are threatening demonstrations on the same subject against the company, somewhere on 28th April 2023, the Assembly members planned to demonstrate against the company but later failed. However, when Apexnewsgh.com contacted Earl International Public Relations Officer Ebenezer Bognaab, he confirmed the demand made by members of the Talensi District Assembly. He described their demand for the road construction as a ‘genuine concern’ raised by the Assembly members. “These are genuine concerns they are expressing”. Earl International PRO admits He told Ngamegbulam Chidozie Stephen during an interview that, the company has seen the construction of the road as part of their cooperate responsibility to the Talensi people. Insisting that the company Earl International is considering such a demand. “So, as a mining company as part of our cooperate responsibility for the fact that we also used the same road. When they wrote to us, we responded, they send a resolution and we responded to the resolution and they send a reminder. So, we have been engaging the district assembly over this issue, and is a genuine issue and management is currently considering it”. Responding to the aggrieve assembly members who were of the view that the company isn’t cooperating with them on their demand, the PRO said: “It is not true that we are not cooperating, we had a meeting with the DCE in his office, we had a discussion with him on this issue and we are always ready for engagement. You know, it has to do with roads and road construction is not as easy as you know. So, as a company, we have to organize ourselves because we have also some other plans too. So, as I said earlier, we are considering it. Very soon we will start work on the road”. He reacted Roads in Talensi are so deplorable to the extent, people easily questioned the contribution of a mining firm such as Shaanxi now Earl International since its operation in the Talensi district. The company has always been in the news for not performing its responsibility as a mining company that has migrated from small-scale mining and now operating as a large-scale mining company. Most citizens from the Talensi District living in both at home and abroad have pointed hands on their leaders and more especially those in authority for their district’s underdeveloped predicaments. The Assembly members want the mining company to consider constructing the road from Tongo Hospital junction straight to Sheaga, Gbani, and across Datoko. Source: Apexnewsgh.com/Ghana For publication please kindly contact us on 0256336062 or Email apexnewsgh@gmail.com
Mining dispute: A-G fights $300m claim
The Attorney-General (A-G) and Minister of Justice, Godfred Yeboah Dame, has gone to court to stop an Australian mining firm, Cassius Mining Limited, from pursuing an international arbitration seeking $300 million compensation from the Government of Ghana (GoG). Cassius has been fighting Ghana in international arbitration forums since February this year, seeking compensation over what it claimed were unfair treatment and breaches of mining laws by the GoG’s failure to extend the term of the company’s Prospecting Licence Agreement (PLA), after exercising its contractual right of extension. However, in an application filed at the Commercial Division of the Accra High Court, the A-G urged the court to restrain Cassius Mining from going for international arbitration but rather avail itself of an ongoing arbitration at the Ghana Arbitration Centre (GAC) over the same dispute. Arbitration should be in Ghana It is the case of the A-G that per the PLA, any dispute between the mining firm and the GoG must be resolved by arbitration in Ghana in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798) and not by an international arbitration panel. The A-G filed the application at the High Court in Accra following a new international arbitration initiated by Cassius Mining in which the company sought to have the arbitration in London, UK, under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. Such a move by Cassius Mining, Mr Dame argued, was a clear violation of the PLA, Act 798 and virtually ousted the jurisdiction of the High Court of Ghana from supervising the arbitration process as stipulated by Act 798, and rather placed such jurisdiction over the matter in the High Court of England and Wales. “The recourse by respondent to international arbitration is gross abuse of process and most oppressive of applicant herein as, in Clause 21 of the Prospecting Licence Agreement, the parties have agreed that their dispute shall be referred to arbitration in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798). “Nowhere have the parties agreed that their disputes would be resolved under the UNCITRAL Arbitration Rules,” the A-G submitted before the court. Forum-shopping The Principal Legal Advisor to the government, therefore, urged the High Court in Accra to restrain Cassius Mining from embarking on any international arbitration, as such a move was not only against the PLA and Act 798, but also amounted to forum-shopping, which would saddle the GoG with unnecessary cost and expenses. “Unless restrained by this honourable court, the respondent (Cassius Mining) will continue searching for an international forum that will support the breach of Clause 21 of the Prospecting Licence Agreement and undermine the ongoing proceedings before the Ghana Arbitration Centre. “That this is a fit and proper occasion on which this honourable court ought to exercise its supervisory jurisdiction over the pending arbitration proceedings between the two parties hereto and grant an interim injunction restraining the respondent from embarking on plain illegality,” the A-G added. The application for interim injunction by the A-G is in conformity with Section 39 of Act 798 which clothes the High Court with the jurisdiction to grant interim injunction in arbitration proceedings. Challenge This is not the first time the A-G is challenging Cassius Mining’s decision to go for international arbitration over the dispute. In March this year, the A-G successfully challenged the jurisdiction of the Permanent Court of Arbitration (PCA) in The Hague, Netherlands, to hear the dispute after Cassius Mining had filed an arbitration under the UNCITRAL Arbitration Rules before the PCA. Raising a preliminary legal objection, Mr Dame argued that the GoG had not consented to the PCA administrating the arbitration and also per the PLA, any dispute between the two parties must be resolved in Ghana in accordance with Act 798. The PCA upheld the objection by Mr Dame, declined jurisdiction over the dispute and refused to constitute a panel to hear the dispute. “The PCA Secretary-General may act as appointing authority under the UNCITRAL Rules if all parties so agree. The PCA understands that no such agreement has been reached in this matter,” the PCA said in a letter dated March 20 this year to the parties. Background Per court records, on October 12, 2016, Cassius Mining Limited applied for a prospecting mining licence to explore minerals in Talensi in the Upper East Region. On December 28, 2016, the GoG, through the then Minister of Lands and Natural Resources, granted the mining firm a prospecting licence for two years, which was to expire in December 2018. On June 14, 2018, Cassius Mining alleged that the GoG had failed to uphold its part of the contract by not renewing the prospecting licence which was set to expire in December 2018. The mining firm, therefore, dragged the GoG to the Ghana Arbitration Centre (GAC) on June 26, 2018, in accordance with the dispute settlement clause of the Prospecting Licence Agreement, which enjoins the parties to settle their disputes in Ghana in accordance with Act 798. An arbitral panel which was comprised Emmanuel Amofa, Kizito Beyuo and Professor Albert Fiadjoe, was formed to hear and determine the dispute. However, per the court documents, on January 23, 2019, Cassius Mining applied for a stay of proceedings for three months in order to explore settlement with the GoG. After the expiration of the three months, the mining firm applied for an extension which was granted but nothing was heard about the arbitration, although it was still pending. In February 2023, Cassius instituted fresh arbitration at the PCA, which declined to hear the matter following the objection raised by the A-G. Graphic
NORPRA organizes a mining community sensitization forum for Sherigu community
This trend could result in something dangerous if appropriate measures are not followed to educate both the mining companies and the community members. Ribeiro-Duthie once said, despite the positive contribution of small-scale gold mining to community and national development, it is often associated with violence and a wide range of human rights concerns that cannot be overlooked. Martin Kornberger in 2015 also said, “Poorly regulated small-scale mining activities have impacted negatively on communities and impinge on the rights of workers, women, and children. Some of the above reasons and more have pushed the Executive Director for Northern Patriots in Research and Advocacy (NORPRA) Mr. Ayorogo Bismark to organize a community sensitization forum for the people of Sherigu a mining community under the Bolgatanga Municipal in the Upper East Region on the Rights and responsibilities of mining communities under the mineral and mining policies and law of Ghana, ECOWAS, and Africa. Mr. Ayorogo when engaging community members present at the forum said, the main objective of the forum, is to influence responsible mining, equitable sharing of mineral rights with communities, peace, and respect for the promotion of human rights. “Our motivation is that, over the years, you can look at Africa continental level, the ECOWAS level, the national level, wherever there is mining or wherever there are mineral resources, there are always associated challenges”. He pointed out, that mining makes a significant contribution to the development of every community in every country. “You can look at it in terms of employment, in terms of contribution to GDP, in terms of foreign exchange”. However, Mr. Ayorogo insisted that despite all the mining contributions, the other side of mining is a symptom that looks so ugly. Stressing that the forum beyond its objective is seeking to see how they can maximize the benefits of mining and then reduce the challenges associated with it, especially the exploitation of these Mineral resources against residents by the mining companies. “So, once NORPRA is aware in accordance to its mandate to mobilize communities, educate them, create awareness among community members on their rights and responsibilities that are been guaranteed by the Mineral and mining laws we thought it wise that once a company is coming into Sherigu community in the Bolgatanga Municipality, we should come around with the regulatory institutions like the Mineral Commission, EPA, Land Commission, Forestry Commission and all the other regulatory institutions with the Municipal Assembly”. Mr. Ayorogo explained Meanwhile, responding to some of the questions asked by community members during the forum about the activities of the Environmental Protection Agency (EPA) in mining communities, an official of EPA present Mr. Agbenyeke Godfred Yao explained, “Once a company or group of individuals come to acquire its documents, they are permitted by the agency to do their work. The agency only comes in when there are challenges with regards to pollution of the environment or destruction of the water bodies within the environment”. “That is where we write to the company involved and invite them, if need be we ask them to provide an alternative source of water to the community”. “We are not into giving of concession, we only come in when there are environmental issues that need attention” He explained Alhassan B. Zakariah, Acting Regional Valuer in charge of the land Commission also clarified some issues regarding the mining lease and compensation. Also responding to questions, Mr. Zakariah said: “We must take into account the number of years of the mining lease”. “So, our compensation or our assessment is going to be based on the number of years. So, if the mining lease says that is 5 years, we are going to assess our compensation for 5 years. After 5 years, if they renew their mining lease then, you renegotiate. It is not a one-time compensation” He stressed Mr. Zakariah further explained that “It is only when land is acquired compulsorily by the government for a project that will inure to the benefit of the Ghanaian people that is where the government pays compensation wholly and takes over the land. But when it comes to mining, it is a lease that is given, and the assessment of compensation is done based on the number of years that is inserted in the mining lease. So, if is for 5 years, we do an assessment of compensation for deprivation of land use. According to him, the assessment also includes crops, economic trees, and building structures. He says they assess them based on the period of the mining lease. Once the lease is expired and later renewed, there is a need for renegotiation of compensation. He explained The Bolgatanga District Officer of the Mineral Commission Mr. Achindiba Dickson when responding to questions regarding the rights of a prospecting company says: “Prospecting license allows a company to trench, it allows them to drill, it allows them to be able to take samples. But any destruction caused in the process by the company, victim, or victims of the affected destruction must be compensated. He further explained that when it comes to mining leases, prospecting is 3 years subject to renewal, Small scale mining has 5 years subject to renewal but for large scale, it has 15 to 30 years lease depending on the amount of deposit. He said any mining company that entered a community for mining has to get an office to enable them to carry out their activity. It doesn’t matter where the office is situated, it could be in the community or outside the community. Mr. Achindiba stated Meanwhile, when addressing members of the Sherigu community and its surroundings at the community sensitization forum, the Bolgatanga Municipal Chief Executive (MCE) Mr. Rex Asanga maintained that one of the surest ways that all actors-communities, mining companies, and government can reap the full benefits of these natural resources is for all to act and conduct themselves responsibly and unconditionally respect the policies and laws that regulate the mining sector. According to him, the mining policies and