The turnout for the national dialogue on small-scale mining at the International Conference Centre, in Accra, from April 14-15, was impressive.

And so were the speeches by the President, Nana Addo Dankwa Akufo-Addo and the Minister, as well as the invited discussants.

But what was said that was different from what had been said in mid-August 2018, by the same Government, when “Operation Galamstop” was launched?

Operation Galamstop was more or less a one-stop “road-map” for stopping galamsey. But what the national dialogue has done is to throw up many “recommendations”, each of which will need to be turned into a practical programme, before implementation. Do we have to go through words, words and words all over again?

The time has come for the government to “walk the talk”.
Fortunately, the Minister was shown the way by the forthright manner in which the communique issued at the end of the dialogue, focused on the most important job to be done. The communique isolated the government's obligation to put in place systems for “the rigid application of the laws against galamsey.”

It specifically called for the sanctions and penalties imposed by “the Minerals and Mining (Amendment) Act, 2019 (Act 995), to be applied to all those who infringed the law, irrespective of political colour, socio-economic status or class.”

Now, what does Act 995 of 2019 say? It says:

Quote: “Offences and Penalties” under the ct.

…. (2) A person who (a): without a licence granted by the Minister, undertakes a mining operation; ...(c): acts or instigates, commands, counsels, procures, solicits, or in any manner (d). purposely aids, facilitates, or encourages, or promotes any acts in contravention of a provision of this Act (in respect of which a penalty has not specified};, or (e): contracts a foreigner to provide mining support services commits an offence and (f). is liable to summary conviction to a fine of not less than ten thousand penalty units and not more than fifteen thousand penalty units, and to a term of imprisonment of not less than fifteen years and not more than twenty-five years.

(3) A non-Ghanaian who undertakes a mining operation or facilitates the participation of any person in mining ... commits an offence and is liable on a conviction to (a) a fine of not less than one hundred thousand penalty units and not more than three hundred and fifty thousand penalty units, and (b) a term of imprisonment of not less than twenty years and not more than twenty-five years; or (c) both.

“(4) Where a non-Ghanaian who is liable, on summary conviction under subsection (3) is a person liable to deportation under section 35 of the Immigration Act, 2000 (Act 573), that foreigner shall, where sentenced to a term of imprisonment, serve the full sentence before deportation;...

(5) A Ghanaian who (a) permits a non- Ghanaian to undertake or to participate, or (b) facilitates the participation of a non-Ghanaian,
in mining contrary to this Act commits an offence and is liable, on summary conviction, to a fine of not less than thirty thousand penalty units and not more than one hundred thousand penalty units and to a term of imprisonment of not less than fifteen years and not more than twenty-five years.

“(6) A person who fabricates, manufactures or uses a floating platform or any other equipment for mining, dredging or any other mode of mining for the purpose of obtaining minerals in or along the banks of a natural water body including a river, a stream, a water course, the exclusive economic zone and any area covered by the territorial sea or continental shelf of the Republic of Ghana... is liable …. to a fine of not less than fifty thousand penalty units and not more than one hundred thousand penalty units or to a term of imprisonment of not less than fifteen years and not more than twenty-five years, or both.

“(7) A person who provides or is involved in the provision of an excavator or any other equipment for mining operations... commits an offence and is liable.... to a fine of not less than fifty thousand penalty units and not more than one hundred thousand penalty units or to a term of imprisonment of not less than fifteen years and not more than twenty-five years or both.

“(9) A court that convicts a person for any offence under subsection (2), (3), (5), (6) or (7) shall, in addition to the penalty that the court shall impose, order the forfeiture of any equipment or product seized ... to the State.... The minister shall, within sixty days after the confiscation of the equipment …. allocate [it] to the appropriate state institution and publish in the gazette the name of the state institution to which [it] is allocated. ...(11):In this section, “court” includes the Circuit Court.” Unquote.

Is this not enough to deter galamseyers who want to stop their criminality?

Yet, since Act 995 came into operation, we have continued to read reports of the arrest of “Chinese”, Ghanaian and other galamseyers! Yet it appears that not a single one of those arrested has been taken to court since the Act came into operation.

But no less a person than the President of the Republic has stated that, “My own belief is that, apart from exhortations, we also need to strengthen the institutional arrangements, because many of these things that happen are the result of delinquency on the part of the state itself.’’

Oyiwa! There you have it !
Are the police, the prosecution service and the judiciary in open rebellion against the President of the Republic?
One is left to wonder.