The Small-Scale Miners Association has threatened a three-day nationwide ant-government demonstration if the authorities at the helm of the illegal small-scale mining activities (galamsey) do not stop burning their equipment. At a press conference at Ntaferewaso in the Twifo-Atti Morkwa District of the Central Region, the group’s Director of Communication, Mr Abdul Razak Alhassan, said “as far as we know, the military was deployed to specific river bodies but we are seeing a situation where they veer into communities with licensed small-scale miners and end up burning their equipment”. “Some of the communities are Asamoakorom and Awusem, both in Twifo Praso District of the Central Region”, he said. The group is demanding clarity on the anti-galamsey orders of the President. “We need clarifications on the President’s directive to the military”, Mr Alhassan said. According to him, “we do not understand why the government made a U-turn on the issues raised at the meeting held at the Accra International Conference Centre.” “We never discussed anything about involving the military in clearing people operating with legally-acquired licences”, the group decried. The group said if their concerns are not addressed in a week, they would hit the streets. “We are giving the government seven days to address these concerns”, he said. “If nothing is heard from them, we will embark on a three-day nationwide demonstration”, Mr Alhassan threatened. A few days ago, OccupyGhana said it found it shocking that the government recently set some seized galamsey equipment on fire. In a statement, the civil society group said it is “shocked to see pictures and films in which equipment allegedly being used in galamsey operations and apparently seized by security officials, have been set on fire”. “While these dramatic optics might have the support of some, we think that it is a brazen illegality that will only exacerbate the situation and not help in the fight against galamsey”, the statement noted. The anti-galamsey soldiers deployed by President Nana Akufo-Addo to stem the tide of illegal small-scale mining, destroyed some 127 changfans, nine excavators and a fuel pump during their recent operations. The ‘operation halt’ soldiers also arrested two Chinese galamseyers. Speaking about the operation, Defence Minister Dominic Nitiwul told journalists at a press conference on Friday, 30 April 2021 that: “It is noted that since the operation commenced on Wednesday, 28 April 2021 to Thursday, 29 April 29 2021, the troops have destroyed a good deal of equipment including nine excavators, 127 changfans”. “Furthermore, the following items have been seized and would be destroyed except items that will be used as exhibits in the court for prosecution: 8 by 24 plate batteries, one pump action gun case, a generator, a Huawei phone, a chainsaw machine, eight raincoats, fuel filters, non-citizen Ghana cards, two drilling equipment and two boots.” “These items would be destroyed except what the police deem necessary for their work for prosecution, otherwise everything will be destroyed”, he said. He said: “This operation will be conducted on all major river and forest reserves in all galamsey endemic regions throughout the country to rip them of illegal mining activities.” “There will be aerial patrols at places where GAF has also swept past. Armed men would be authorised to take immediate action on anyone who returns to these river bodies to engage in galamsey activities.” Read OccupyGhana’s full statement below: 4TH MAY 2021 OCCUPYGHANA® PRESS STATEMENT GOVERNMENT, APPLY THE LAW ON ILLEGAL MINING! OccupyGhana® is shocked to see pictures and films in which equipment allegedly being used in galamsey operations and apparently seized by security officials, have been set on fire. While these dramatic optics might have the support of some, we think that it is a brazen illegality that will only exacerbate the situation and not help in the fight against galamsey. The government’s epileptic and faltering fight [against] galamsey gives the impression that it is unwilling to follow and apply the law. When Aisha Huang was first arrested, she was charged with some ludicrous, risible and insignificant administrative breaches of immigration regulations. It took a protest and a petition by OccupyGhana® on 16th May 2017 for her to be charged with the proper offences under the Minerals and Mining Act, which, as we will show, provides for serious punishment for illegal mining. We believe that her quiet and hurried deportation by the government was to avoid subjecting her to the full rigours of the law. We insist that that unfortunate truncation of the judicial process sounded the death knell to the galamsey fight. But the law in the Minerals and Mining Act is clear. There is a fine and imprisonment between 15 and 25 years for each of the following crimes: buying or selling minerals without a licence or authority; mining in breach of the law; abetting any breach of the mining law; contracting a non-Ghanaian to provide mining support services; abetting the breach of the mining laws by a foreigner; fabricating or manufacturing floating platforms or other equipment to be used for mining in our water bodies; and providing an excavator for an illegal mining operation. The Act further provides that a non-Ghanaian who illegally mines or abets illegal mining attracts a large fine and imprisonment between 20 and 25 years, and shall be deported AFTER serving the sentence. This is what should have been applied to Aisha Huang. Also, and of particular importance to us, is the legal provision that equipment used in any of these offences is required to be first seized and kept in police custody. Then, when the person using the equipment for the illegal mining activity is convicted, the court will order the forfeiture of the equipment the state. Then the Minister has 60 days within which to allocate the equipment to a state institution. There is absolutely no legal room for simply torching the equipment. It is illegal and must stop forthwith. We think that all the efforts to end illegal mining will not achieve anything until we resolve to simply enforce the law. If the security
Just In: See exactly what OccupyGhana said about Mr. Albert Kan-Dapaah
16th FEBRUARY 2021 OCCUPYGHANA® PRESS STATEMENT OCCUPYGHANA® VEHEMENTLY DISAGREES WITH MR ALBERT KAN-DAPAAH’S UNCONSTITUTIONAL VIEWS ON AUDITOR-GENERAL’S INDEPENDENCE AND POWERS OccupyGhana® has noted with considerable disquiet and alarm, comments made by the Minister-Designate for National Security, Albert Kan-Dapaah, in the course of his 10 February 2021 vetting by Parliament for approval as Minister. Mr Kan-Dapaah claimed, first, is that the independence of the Auditor-General is “not personal” to the Auditor-General but belongs to the Audit Service. Second, he claimed that the Auditor-General’s reports must be approved by Parliament before the Auditor-General could issue disallowances and surcharges. Of course, Mr Kan-Dapaah could not cite any legal or constitutional bases for these shocking views. There are none! This he sought solace in a false claim that the Auditor-General is an officer of Parliament, and that this is what persists under some ‘Westminster system,’ which if true, still does not apply under our constitutional system. We vehemently disagree with Mr Kan-Dapaah’s claims. They have no basis in the law or our Constitution, and appear to feed into an attempt by some political actors, clearly uncomfortable with the constitutional position and role of the Auditor-General especially in the light of the magisterial decision of the Supreme Court in OccupyGhana v Attorney-General, are seeking to whittle down that independence and powers that the court upheld in that decision. First, Mr Kan-Dapaah should know that the alleged “Westminster system” might be taught to and cherished by accountants, but has no legal application in Ghana. The Minister-designate knows, or should know that the Constitution has made no provision that applies the so-called “Westminster system” to Ghana. On the contrary, our Constitution is explicit that the Auditor-General, in the performance of his functions under both the Constitution and the law, “shall not be subject to the direction or control of any other person or authority.” Parliament is one such authority. The Auditor-General is definitely independent of Parliament and any attempt to subject the Auditor-General to the control of Parliament or any other person or authority, is not just wrong, but plainly unconstitutional. Second, Mr Kan-Dapaah is wrong in his claim that this independence is “not personal” to the Auditor-General, but belongs to the Audit Service. The simplest reading of article 187(7) shows that the Constitution gives this independence to the office of the Auditor-General and not the Audit Service, which is created by article 188 and is given no such independence. While it is arguable that the Auditor-General’s independence should extend to the Audit Service, and we think that this was implied by the Supreme Court in Brown v Attorney-General, any claim that the Auditor-General qua Auditor-General has no such independence is plainly wrong and ought not be countenanced. Finally, Mr Kan-Dapaah is wrong when he claims that the Auditor-General’s reports must be approved by Parliament before he can issue disallowances and surcharges. And as for his illustration about a father’s permission being required before the conduct of his erring son is impugned by an auditor, the least said about it the better. It is not a coincidence that the framers of the Constitution placed the Auditor-General’s independence and powers of disallowance and surcharge in the same paragraph of the Constitution, as if the two are to move in tandem. There is nothing in the Constitution that supports that claim that Parliament must approve the Auditor-General’s reports before the Auditor-General can exercise his powers of disallowance and surcharge. Contrary to Mr Kan-Dapaah’s position, all the Constitution says is that the Auditor-General should “submit” his report to parliament and then “draw attention to any irregularities” or any other matter he deems fit. Submitting a report and drawing attention to irregularities does not mean that Parliament’s prior approval is required before the Auditor-General exercises his constitutional powers of disallowance and surcharge. Further, the exercise of these powers is not to abide a hearing by Parliament’s Public Accounts Committee. The Constitution does not say that. What it says is that Parliament is to debate the report and “where necessary, in the public interest, appoint a committee to deal with matters arising from the report.” The fact that Parliament has interpreted this to mean that there should be a Public Accounts Committee, does not mean that the Auditor-General needs to wait for this Committee to conclude it work before the Auditor-General exercises his constitutional powers. Mr Kan-Dapaah’s position does not also find support in the Audit Service Act. We note that section 17(7) of that Act says “The Auditor-General may with the prior approval of Parliament revoke any surcharge made under this section.” While this section is of dubious constitutional effect by saying that Parliament’s approval is required to revoke surcharges, it certainly does not support the claim that Parliament’s approval is required before disallowances and surcharges are issued in the first place. We are extremely concerned because the danger with these views that Mr Kan-Dapaah has expressed, is that it feeds into a current narrative in the political class that seeks to clip the wings of the Auditor-General, particularly after the decision of the Supreme Court in OccupyGhana v Attorney-General. We wish to assure Mr Kan-Dapaah that we stand ready to resort to court again at any time that we believe that the independence of the Auditor-General is being compromised or powers interfered with. In the service of God and Country, OccupyGhana® For further information, please contact Sydney Casely-Hayford (+233 54 876 2706) info.occupyghana@gmail.com. Apexnewsgh.com/Ghana/Ngamegbulam Chidozie Stephen Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: +233555568093









