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General News of Monday, 13 May 2013

Source: Karim Hamza

AngloGold dragged to court over PTP project

Residents of Obuasi in the Ashanti region have dragged gold mining firm AngloGold Ashanti to the Kumasi High Court demanding huge damages for untold hardship suffered due to the company’s operation in the area.

The group claims that AngloGold Ashanti in commencing operations at Pompora Treat Plant (PTP) some years ago did not inform them about the true situation regarding the impact of their operations after conducting various tests.

The residents in their suit alleged that the arsenic trioxide used by the company in its operations was above permissible level – an act they said, could lead to an outbreak of diseases in the locality.

It lamented that the operations have constantly exposed them to dust and fumes, and stressed that the PTP project has adversely affected their livelihoods.

The group further accused AngloGold of failing to adhere to commitments to avoid any adverse environmental effects as promised.

Against that backdrop, the petitioners revealed that the procedure adopted by the company has resulted in an astronomical increase of mortality rate in the vicinity.

The continuous exposure of arsenic trioxide, according to the suit, has exposed residents to several skin and lung infections – a situation they said, could lead to residents dying arbitrarily.

The suit stressed: “Defendant [AngloGold] by virtue of the 1992 Constitutional and fundamental human rights and natural justice, by virtue of the consequence of their activity was under obligation to disclose to the inhabitants the likely or known harmful impact of defendants mining activities on the plaintiff's health status and their social and economic environment.

Defendants are also to undertake possible remedial measure known to the defendant to prevent, manage and reduce the debilitating impact of defendant’s activity on plaintiffs as well as place plaintiffs in a health improvement regimen to save their lives.

Defendants have at all material times relevant being aware of acceptable international standards for the legal airborne permissible exposure limit, emissions of arsenic fumes and arsenic presence in soils and water course and the fact that their activities have generated levels far above permissible limits same known to Environmental Protection Agencies and neglected failed and refused to ensure that their activities conform to the law.”

Consequently, the 150 petitioners, among other things, are asking the court to issue an injunction to restrain the company from further prospecting for gold in the area.

It is also seeking a declaration that the company, by their actions, has breached the confidence of the affected residents, and demanded compensations as well.

The suit added: “We demand punitive damages for failing to disclose to plaintiff [residents] the true extent of their health status and serious effect of the escape of hazardous chemicals and fumes from the defendant’s land on plaintiff.

An order for disclosure of measures instituted to manage accumulated arsenic trioxide and present status.”

The residents are also asking the court for special compensation for their medical treatment.