‘Mining without licence is a crime’ – Sammy Gyamfi told

According to Prof Appiagyei-Atua, a mining operation’s location does not remove the requirement to obtain a licence.

Prof Appiagyei-Atua cited Section 9 of the Minerals and Mining Act, 2006 (Act 703), which requires a mineral right before mining, prospecting or exploration.

He highlighted Section 82’s separate licensing requirement for small-scale mining.

“Mining without that licence is not merely irregular; it is a crime.”

Prof Appiagyei-Atua also cited penalties under the 2019 amendment, saying Ghanaian offenders face fines and prison terms of between 15 and 25 years.

“The Minister’s statutory power under section 82 is a power to grant licences. It is not a power to authorise mining without one.”

He further challenged the suggestion that avoiding rivers, forest reserves and roadsides makes an operation permissible, citing Section 18’s environmental and forestry clearance requirements.

“The statement’s implicit test — anywhere that is not expressly prohibited is permitted — reverses the statutory scheme, which is a permission-based regime: nothing is permitted unless affirmatively licensed.”

“The illegality lies entirely in the sequence. The law permits registration first, then mining. The statement describes mining first, then registering.”

“Regularisation cannot retroactively cure a completed offence.”

He further warns that miners who rely on an official assurance remain exposed to prosecution, arguing that an official representation cannot create a right that Parliament withheld.

Prof Appiagyei-Atua called for lawful resistance to galamsey, saying “We must take all legal action to resist galamsey.”

His comment follows Sammy Gyamfi, who disclosed that unlicensed miners will operate pending registration.

He stated, “Once it’s not a water body; it’s not a forest reserve or… place like a roadside, whether the person has a licence or not; the government says we should allow the person to mine and register and regularise them”.

Meanwhile, Franklin Cudjoe, President of IMANI Africa, has come to the defence of GoldBod Chief Executive Officer Sammy Gyamfi amid public debate over plans to formalise artisanal and small-scale mining(ASM), commonly known as galamsey in Ghana.

In a post on X, Franklin Cudjoe urged Ghanaians not to overcomplicate Sammy Gyamfi’s remarks, arguing that the GoldBod CEO had expressed himself in simple and straightforward terms.

He stressed that Sammy Gyamfi’s comments should be understood in their plain meaning rather than subjected to excessive interpretation.

“Sammy Gyamfi spoke simple language… this is not a PhD thesis,” Franklin Cudjoe said. 

In his post, Franklin Cudjoe wrote, “*STOP OVERTHINKING. SAMMY GYAMFI SPOKE SIMPLE LANGUAGE…THIS IS NOT A PHD THESIS!*

1. Formalising illegal or unlicensed artisanal and small-scale mining (ASM)—commonly known as galamsey—in Ghana involves transitioning informal operators into legal, regulated frameworks such as the Minerals and Mining Act (Act 703) and government initiatives like the Responsible Cooperative Mining and Skills Development Programme

2. The process of transition from informal or illegal operations (such as galamsey) to a legally recognised framework follows structural phases designed to bring operators under regulatory oversight, tax systems, and environmental compliance.

3. Formalisation shifts illegal activities into a structured legal framework using a phased model of zoning, legal incorporation, environmental compliance, and continuous monitoring.

4. *Now what did Sammy Gyamfi say*? Sammy Gyamfi identifies three categories of unlicensed mining that are “irredeemably wrong” and completely barred from entering the formalisation pipeline:

• Mining that impacts or takes place near water bodies.

• Mining in unsafe community areas (e.g., roadsides, school lands, or residential yards).

5. If an operation is found in any of these zones, it is shut down permanently. If it operates outside these zones, it transitions to the next phase…

Meanwhile, Sammy Gyamfi has clarified his earlier comment, which he disclosed has been mischievously cut by members of the New Patriotic Party (NPP).

According to Sammy Gyamfi, the widely circulated video in circulation leaves out the important details of his explanation of what the government is willing to do to support the formalisation of unlicensed artisanal and small-scale miners (ASMs).

Sammy Gyamfi maintain thst formalising unlicensed artisanal and small-scale miners (ASMs) ‘galamseyers’ is a better approach to fighting illegal mining than chasing them with soldiers.

He argued that the Responsible Cooperative Mining and Skills Development Programme (rCOMSDEP) is an ASM formalisation initiative aimed at transforming such unlicensed ASMs into licensed and responsible ASMs to promote sustainability in the sector.

He argued that the Goldbod holds the view that properly organised small-scale mining offers one of the clearest pathways from mineral ownership in law to indigenous ownership in practice.