The government is set to establish special courts for the swift prosecution of individuals involved in illegal mining, commonly known as galamsey.
The Minister of Lands and Natural Resources, Emmanuel Armah-Kofi Buah, disclosed that his ministry is collaborating with the Attorney General and the judiciary to finalize the modalities for setting up these courts.
Speaking to the Daily Graphic, the minister emphasized the government’s commitment to ensuring speedy trials for illegal miners. His remarks come in response to calls from stakeholders in the forestry sector and environmental activists for specialized courts to prosecute mining-related offenses more effectively.
Among those advocating for these courts are the Chief Executive Officer of the Forestry Commission, Dr. Hugh Brown; Deputy National Director of A Rocha Ghana, Daryl Bosu; and Convener of the Media Coalition Against Galamsey, Dr. Kenneth Ashigbey.
They argue that the lack of swift prosecution remains a major obstacle in the fight against illegal mining and that dedicated courts would help clear the backlog of environmental crime cases.
Penalties Under Act 995
Ghana’s Minerals and Mining (Amendment) Act, 2019 (Act 995), imposes strict penalties for illegal mining.
A Ghanaian found guilty faces a fine between GH¢120,000 and GH¢180,000, along with 15 to 25 years in prison.
A foreigner convicted of illegal mining is liable to a fine between GH¢1.2 million and GH¢3.6 million and a prison term of 20 to 25 years, or both.
Despite these laws, arrests have not translated into convictions. Data from the Forestry Commission indicates that 845 illegal miners were arrested in the past two years—627 in 2023 and 218 in 2024. However, only 20 have been prosecuted, while many remain on remand or police inquiry bail.
Calls for 24-Hour Courts
Dr. Ashigbey has urged the judiciary to establish 24-hour courts dedicated to environmental crimes in line with the government’s proposed 24-hour economy policy.
“The Chief Justice must recognize that we are not in normal times. Galamsey operators are killing forest guards, destroying lands, and depleting our reserves. The judiciary must act swiftly,” he stressed.
He further called for stricter sanctions for foreign illegal miners, stating, “Foreigners who mine illegally must be punished just as they would be in their own countries.”
Weak Prosecution a Concern
Dr. Brown described the low prosecution rate as alarming and ineffective in deterring illegal miners.
“In 2023, we made high-profile arrests, expecting swift action, yet many suspects remain on police inquiry bail, with investigations dragging on indefinitely,” he lamented.
He emphasized the need for capacity building for prosecutors and judges to improve their understanding of environmental crimes and their consequences on public health and ecosystems.
A Rocha Ghana’s Perspective
Mr. Bosu of A Rocha Ghana echoed similar sentiments, insisting that the idea of specialized courts has been discussed for years but has not been implemented due to a lack of commitment.
“There is no system ensuring continuity in the prosecution process. We keep arresting hundreds of illegal miners, yet there’s no one to prosecute them,” he stated.
As the fight against illegal mining intensifies, stakeholders insist that setting up special courts remains a critical step in ensuring accountability and environmental protection.
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