The Minerals Commission has officially clarified that hiring a third-party contractor for mining-related operations does not amount to a transfer of ownership.

His comment aimed at resolving a major legal debate that followed the recent high-profile conviction of mining executive and former Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi Boasiako, also known as Chairman Wontumi.

Mining professional Ing Wisdom Gomashie revealed the commission's stance following a Right to Information (RTI) request filed on August 6, 2026.

The inquiry sought to test the boundaries of Section 14 of the Minerals and Mining Act, 2006 (Act 703) after a High Court sentenced Wontumi to 20 years’ imprisonment on July 20, 2026, for allegedly assigning a mineral right without ministerial approval.

Responding on August 20, the Minerals Commission confirmed that contract mining and mine-support services are fundamentally distinct from the assignment of a mineral right.

According to the regulator, “a mineral-right holder does not transfer its concession rights simply by engaging a registered support-service provider to execute operational duties under Section 59 of Act 703 and LI 2174.”

Some of the key highlights from the Commission's RTI response are;

"No Deeds of Assignment: The Commission verified that routine operational contracts do not generate deeds of assignment between rights holders and support service providers.

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"⁠Section 14 Scope: The law governing mineral right assignments regulates ownership transfers, whereas operational contract mining falls under separate statutory frameworks

"Regulatory Distinction: The Commission explicitly stated that engaging a support-service provider for contract mining does not, by itself, constitute an assignment of the underlying mineral right."

The Commission's definitive stance mirrors earlier policy reflections by the Africa Centre for Energy Policy (ACEP).

ACEP previously cautioned that interpreting operational misconduct automatically as a mineral right assignment risk undermining legal certainty and placing courts above specialized regulators.

While emphasising that the RTI findings do not overturn existing court judgments, Ing Gomashie noted that the clarification provides a vital precedent.

Industry stakeholders have also argued that the ruling protects the legal framework governing legitimate contract-mining arrangements, ensuring investors and local contractors can operate with regulatory clarity.



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