More than 700 individuals stand trial for galamsey in Ghana: Attorney-General laments
Godfred-Dame
The Attorney-General (A-G) and Minister of Justice, Godfred Yeboah Dame, has revealed that a total of 727 individuals are currently facing trial across the country for their alleged involvement in illegal mining, commonly known as galamsey. These individuals are involved in 117 cases pending before various High Courts and Circuit Courts.
The Eastern Region accounted for 50 of the 117 cases, 33 in the Western Region, 23 in the Ashanti Region, seven in the Greater Accra Region, and the Upper East and Northern regions recording three and one, respectively. The accused individuals had been charged with offences such as undertaking mining operations without a licence and buying and selling minerals without a licence.
The offences fall under the Minerals and Mining (Amendment) Act, 2019 (Act 995), which attracts stiffer punishment and which was an amendment to the Minerals and Mining Act, 2006 (Act 703). Under Section 99 of Act 995, a Ghanaian engaged in illegal mining or one who commands, instigates or employs others to engage in illegal mining commits an offence and is liable, upon summary conviction, to a fine of not less than 10,000 penalty units (GH¢120,000) and not more than 15,000 penalty units (GH¢180,000) and to a term of imprisonment of not less than 15 years and not more than 25 years.
For a foreigner engaged in illegal mining, Act 995 stipulates a fine of not less than 100,000 penalty units (GH¢1.2 million) and not more than 300,000 penalty units (GH¢3.6 million) and a term of imprisonment of not less 20 years and not more than 25 years, or both the fine and the term of imprisonment.
Despite the successes and the dedication by the government to fight illegal mining on the legal front, Mr Dame said the prosecution of suspected galamsey offenders was fraught with serious challenges. He cited the granting of bail with lenient conditions by some of the law courts, and the failure of some judges to apply the punishment regime under Act 995, and rather applying the old regime under Act 703 as two of the major challenges.
