Burning of excavators supported by the Constitution

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Samuel Abdullai Jinapor,  Minister for Lands and Natural ResourcesSamuel Abdullai Jinapor, Minister for Lands and Natural Resources

The Minister for Lands and Natural Resources Samuel Abdullai Jinapor has justified the burning of excavators.

The Minister says the action is backed by law and enshrined in the constitution of the Republic of Ghana.

He declared that Article 36 (9) mandates the decommissioning or demobilization of excavators.

He said how it would be done is to the discretion of officials.

Mr. Abu Jinapor’s justification was in response to a question asked by the Member of Parliament for North Tongu Samuel Okudzeto Ablakwa on the floor of parliament asking the minister the legal justification for the burning of excavators in the ongoing fight against illegal small scale mining.

Article 36 (9)of the Constitution indicates that the State shall take appropriate measures needed to protect and safeguard the national environment for posterity and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind.

The minister, therefore, explained that the illegality of the activities of the ‘galamseyers’ is a determination to safeguard the water bodies and forest reserve.

He told journalists that there is debate about this and as a government, they are prepared to protect our water bodies.

He asked Ghanaians to support the government in achieving that.

Meanwhile, a Kumasi High Court has slapped the government with a $15.3 million judgment debt for the unlawful seizure of excavators.

It has also ordered the government to pay the mining company, Heritage Imperial Limited an amount of ¢600,000.

The company had their concession raided by the Inter-Ministerial Taskforce on illegal mining on grounds that they were engaging in illegal mining activities.

But the court ruled that the action by the task force was unlawful adding that no evidence had been advanced by the task force to back their claims of illegality on the company’s part.

The court, presided by Justice Samuel Obeng Diawuo, also ruled that the move by the task force on the said day flies in the face of the mandate within which they were to operate in the fight against illegal mining in the country.

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