Mining engineer and consultant, Wisdom Edem Gomashie has called on the Chief Executive Officer of the Ghana Gold Board (GoldBod), Sammy Gyamfi, to retract his remarks on unlicensed mining, apologise to Ghanaians and resign, accusing him of making statements that could embolden illegal mining operators.
Mr Gomashie said the GoldBod CEO’s reported comments about allowing miners to operate without licences risked undermining Ghana’s mining laws and the regulatory authority of the Minerals Commission and the Ministry of Lands and Natural Resources.
In a strongly worded piece, copied The Archives, Mr. Gomashie challenged the GoldBod CEO to deny that he had told miners they could operate without licences.
Mr Gomashie described the alleged remarks as a dangerous departure from the country’s mining laws, warning that it could encourage illegal mining, popularly known as galamsey across the country.
He argued that illegal mining was not limited to unlicensed artisanal and small-scale mining (ASM), noting that mining operations could also become illegal when operators exceeded the limits and conditions prescribed by law.
Mining laws
Mr Gomashie questioned the legal basis for any policy that allowed miners to operate without licences as part of efforts to formalise the ASM sector.
He cited Section 9(1) of the Minerals and Mining Act, 2006 (Act 703), which provides:
“Despite a right or title which a person may have to land in, upon or under which minerals are situated, a person shall not conduct activities over the land in Ghana for search, reconnaissance, prospecting, exploration, or mining for a mineral unless the person has been granted a mineral right in accordance with the Act.”
He also cited Section 82(1) of the Act, which prohibits small-scale mining operations unless the operator has been granted a licence by the Minister responsible for Mines and the licence remains valid.
Mr Gomashie further referred to Section 89, which provides for the designation of areas for small-scale mining where it is considered to be in the public interest. He said the process required the Minister, in consultation with the Minerals Commission, to designate the area by notice in the Gazette.
He questioned what legal authority the GoldBod CEO had to introduce what he described as a new approach to mining formalisation without recourse to the relevant statutory provisions.
Mr Gomashie also rejected the suggestion that mining without a licence could be acceptable provided operators did not pollute water bodies or degrade forest reserves.
He argued that the absence of a forest reserve or water body in an area did not automatically make mining there lawful, insisting that the required licences and authorisations remained essential.
ASM formalisation approach
Ing. Gomashie maintained that obtaining the necessary licences was a fundamental step in formalising ASM operations, rather than a process to be undertaken after miners had already commenced operations.
He said the Responsible Cooperative Mining and Skills Development Programme (rCOMSDEP) built on initiatives introduced under the previous administration through Community Mining Schemes.
According to him, the framework for ASM formalisation should be anchored in Sections 81 to 99 of Act 703 and the tributer system provided for under Regulations 493–506 of the Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182).
Mr Gomashie said the GoldBod CEO’s comments risked undermining the work of institutions mandated to regulate mining and raised questions about the government’s commitment to combating illegal mining.
He also cited Section 92 of Act 703, which provides for District Mining Committees chaired by MMDCEs, with responsibilities relating to mining oversight and the promotion of responsible small-scale mining.
He questioned whether the government intended to expand the role of MMDCEs in supervising mining activities in a manner that could permit operations without the required licences.
Mr Gomashie further raised concerns about GoldBod’s ability to demonstrate effective traceability in its gold purchases, alleging that the Board had been unable to provide a complete, centralised list of licensed miners from whom it purchases gold in response to a Right to Information (RTI) request.
He said the matter warranted scrutiny of the State’s role in ensuring responsible gold sourcing and preventing illegal mining from entering the gold supply chain.
Demands probe, international scrutiny
Mr Gomashie has outlined five demands in response to the controversy, calling on President John Dramani Mahama to address Ghanaians and explain whether his government had directed MMDCEs to allow mining without the requisite licences.
He also demanded Mr Gyamfi’s immediate resignation, describing the reported remarks as reckless and potentially damaging to efforts to enforce Ghana’s mining laws.
Thirdly, he called for a thorough criminal investigation into Mr Gyamfi’s alleged role in encouraging or promoting illegal mining.
He said the video should be examined as potential prima facie evidence and that, if sufficient evidence of criminal conduct emerged, the GoldBod CEO should be brought before the courts in accordance with the law.
He also urged the World Gold Council, the Organisation for Economic Co-operation and Development (OECD) and the London Bullion Market Association (LBMA) to investigate the matter and assess its implications for the responsible sourcing and traceability of Ghanaian gold.
The mining engineer called on the international bodies to consider increased scrutiny of Ghana’s gold supply chains until the relevant authorities clarified or retracted the reported directive and demonstrated a credible commitment to responsible mining and gold sourcing.
Mr Gomashie warned that the controversy raised broader questions about the government’s policy direction on illegal mining and the protection of Ghana’s environment.
