Former Deputy Minister of Lands and Pure Assets George Mirek Duker instructed the Excessive Courtroom that the switch of mineral rights is completed in writing and never orally.
Mr. George Mirek Duker, who served because the Deputy Minister of Land and Pure Assets from 2021 to 2024, has joined the Ashanti Regional Chairman of the New Patriotic Social gathering (NPP), Mr. Bernard Antwi-Boasiako, aka Wontumi, and his George Mirek Duker, who arrange the protection witness field within the case the place the corporate was on trial and served as deputy minister of the Ministry of Land and Pure Assets from 2021 to 2024, stated that the administration construction of the ministry throughout his tenure was as follows: The formal project underneath part 14(1) of the Minerals and Mining Act 2006 (Act 703) was to be forwarded to his workplace.
“When an allocation is made, it’s carried out in writing, not orally. Due to this fact, if Akonta Mining had entered into any settlement with different events underneath Part 14 of Act 703, it might have come to my desk by way of the executive construction of the Ministry on the time,” he stated.
Price
Wontumi and his firm are going through six fees associated to allegedly permitting Mr Henry Okumu and Mr Michael Gedu Aisi to mine on the corporate’s concession with out the prior approval of the Minister, and on the identical time facilitating unauthorized mining actions.
Mirek Duker stated mining concessionaires in Ghana have been routinely allowed to authorize environmental remediation works on their concessions with out an association constituting a switch of mineral rights underneath part 14(1) of the Minerals and Mining Act 2006 (Act 703).
The Ministry, by way of its Minerals Fee, often advises concessionaires to assist the reclamation of degraded land, including that such efforts don’t require compliance with Article 14.
Part 14(1) states: “No mineral proper, in entire or partly, could also be assigned, assigned, mortgaged or in any other case encumbered or dealt in with out the prior written approval of the Minister. Approval is probably not unreasonably withheld or granted on unreasonable circumstances.”
The previous deputy minister stated there have been situations when he stood on concessions to acknowledge concessionaires who had launched into environmental remediation workout routines, and people he counseled didn’t need to undergo Article 14, however wanted to make sure that their concessions have been protected and met the legal guidelines of this nation.
He made an extra distinction with regards to part 59 of Act 703 and LI 2176, including that these offering mine assist companies, together with reclamation, function underneath a separate authorized regime and aren’t required to acquire Ministerial approval underneath part 14.
downside
Mirek Duker additionally sought to reconstruct the court docket’s understanding of what was taking place on the Akonta mining pursuits in the course of the related interval.
He testified that in his tenure as deputy minister, his workplace acquired experiences of unlawful mining exercise within the space, but it surely was not from anybody approved by Chairman Wontumi, however from outdoors unlawful miners who had entered the location.
He stated he personally led safety groups to the mines to arrest unlawful miners and paraded them on the entrance with media current to doc the train.
He added that helicopters have been deployed on such events.
“Earlier than you is George Mirek Duker, who’s from the world and has first-hand information of the continued unlawful actions within the enclave. If I fly the drone now, my proof shall be clear,” he added.
He additional testified that in the course of the ministry’s awards program for good mining practices, Chairman Wontumi had stated that he had invested in coconut plantations to reclaim degraded components of the mining rights that had been encroached upon by unlawful miners, regardless that mining had not but begun.
cross-examination
When Deputy Legal professional Normal Justice Sreem Sai instructed to a witness that an individual who fails to carry out the duties or different actions referred to in Article 14(1) doesn’t adjust to the legislation.
The spouse agreed.
Under are excerpts from the cross-examination
Deputy Legal professional Normal: You agree that any project, project, mortgage or exercise underneath Part 14(1) have to be in writing so as to get hold of Ministerial approval underneath Part 14.
witness: fact.
Deputy Legal professional Normal: An individual who fails to submit in writing a switch, project, mortgage or any of the actions talked about in Article 14 of Article 703 of the Regulation doesn’t adjust to the necessities of Article 14.
witness: The lawyer is correct. If there isn’t any written doc satisfying the provisions of Article 14, it’s clear that no motion has been taken.
Deputy Legal professional Normal: An individual who fails to adjust to Article 14 of Regulation 703 commits against the law.
Witness: Sure, my girl. If any particular person, Ghanaian or non-Ghanian, doesn’t abide by the legal guidelines, provisions and statutes.
