Sammy Gyamfi goofed big time – Erastus Asare Donkor

According to Erastus Asare Donkor, Sammy Gyamfi goofed, arguing that Mining without a license is a crime punishable by law with imprisonment.

“Clearly he goofed big time. Mining without a license is a crime punishable by law with imprisonment,” Erastus stated.

He further cited the Minerals and Mining Act, 2006 (Act 703), stressing that it is unambiguous that no person can mine in Ghana without a mineral right and a license granted by the Minister for Mines, irrespective of land ownership.

Erastus Asare Donkor further questioned the relevance of the National Anti-Illegal Mining Operations Secretariat (NAIMOS) if small-scale miners can operate without a license.

“Other than that, what is NAIMOS DOING?” he quizzed.

Also, Professor Kwadwo Appiagyei-Atua has told the GoldBod CEO, Sammy Gyamfi, that allowing unlicensed miners to operate pending registration is not merely irregular but a crime.

According to Prof Appiagyei-Atua, a mining operation’s location does not remove the requirement to obtain a licence.

Prof Appiagyei-Atua cited Section 9 of the Minerals and Mining Act, 2006 (Act 703), which requires a mineral right before mining, prospecting or exploration.

He highlighted Section 82’s separate licensing requirement for small-scale mining.

“Mining without that licence is not merely irregular; it is a crime.”

Prof Appiagyei-Atua also cited penalties under the 2019 amendment, saying Ghanaian offenders face fines and prison terms of between 15 and 25 years.

“The Minister’s statutory power under section 82 is a power to grant licences. It is not a power to authorise mining without one.”

He further challenged the suggestion that avoiding rivers, forest reserves and roadsides makes an operation permissible, citing Section 18’s environmental and forestry clearance requirements.

“The statement’s implicit test — anywhere that is not expressly prohibited is permitted — reverses the statutory scheme, which is a permission-based regime: nothing is permitted unless affirmatively licensed.”

“The illegality lies entirely in the sequence. The law permits registration first, then mining. The statement describes mining first, then registering.”

“Regularisation cannot retroactively cure a completed offence.”

He further warns that miners who rely on an official assurance remain exposed to prosecution, arguing that an official representation cannot create a right that Parliament withheld.

Prof Appiagyei-Atua called for lawful resistance to galamsey, saying “We must take all legal action to resist galamsey.”

Their comment follows Sammy Gyamfi, who disclosed that unlicensed miners will operate pending registration.

He stated, “Once it’s not a water body; it’s not a forest reserve or… place like a roadside, whether the person has a licence or not; the government says we should allow the person to mine and register and regularise them”.