Prof Appiagyei‑Atuah Clarifies the Legal Boundaries of Ghana’s Mining Formalisation Debate

In an Official Facebook Post by Erastus Asare Donkor on 26 October 2026, the journalist shared a detailed legal commentary authored by Prof Appiagyei‑Atuah, dissecting Ghana’s mining laws and the ongoing debate over the formalisation of artisanal and small‑scale mining. The post, captioned “Prof Appiagyei‑Atuah Clarifies the Legal Boundaries of Ghana’s Mining Formalisation Debate”, was both analytical and cautionary, dramatizing the tension between policy interpretation and statutory compliance.

The document explains that mining without a licence is not merely irregular but a crime, citing Section 99 of the Minerals and Mining Act (Act 703) and its 2019 amendment (Act 995), which imposes severe penalties including fines and imprisonment for unlicensed operations. It further argues that any ministerial directive allowing unlicensed persons to mine is ultra vires, meaning beyond legal authority, since the Minister’s power under Section 82 is limited to granting licences, not authorising mining without one.

Prof Appiagyei‑Atuah also highlights that environmental and forestry clearance is mandatory for all mining activities, not only those near rivers or forests. He warns that the notion “anything not expressly prohibited is permitted” reverses Ghana’s permission‑based legal framework, where nothing is allowed unless affirmatively licensed.

The commentary supports formalisation of artisanal and small‑scale mining as lawful and necessary under Ghana’s obligations to the Minamata Convention on Mercury, urging structured registration drives and community mining schemes. However, it stresses that legality depends on sequence — register first, then mine.

This post reflects the theme of legal precision and policy accountability. It dramatizes the broader lesson that while formalisation is essential, it must operate strictly within Ghana’s statutory boundaries.

Source: Erastus Asare Donkor, Official Facebook Post, 26 October 2026

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