‘Revoking our permit is gross abuse of executive power’ 

MANAGEMENT of Exton Cubic Group Limited has described the revocation of their bauxite mining lease as a “gross abuse of executive power.”

In a statement signed by its Managing Director, Mr. Augustus Amegashie, and addressed to the Minister of Lands and Natural Resources, Mr. John Peter Amewu, the company vowed to do everything possible within the law to protect its legal interests in the rich bauxite deposits in Kyekyewere, Mpasaso and Kyirayaso all in the Ashanti Region.

After obtaining three mining leases in the last days of the National Democratic Congress (NDC) government, the company has had the leases revoked under the governing New Patriotic Party (NPP) government.

Mr. Amewu cited Section 87 of Act 703 of the Minerals and Mining Act as justification for the cancellation.

The law states that: the Minister may revoke a licence granted under Section 82(1) where

(a) the minister is satisfied that the licencee has contravened or failed to comply with a term or condition of the licence or a requirement applicable to the licencee,

(b) The licencee is convicted of any offence relating to the smuggling or illegal sale or dealing in minerals, or

(c) The Minister is satisfied that it is in the public interest to do so. The ministry added thatthe company does not have nine documents, reports and permits as required by Environmental Assessment Regulations, 199 of LI 1652 and the Minerals and Mining regulations 2012 of LI 2182 to obtain a lease.

But rejecting this justification, the company has also cited Section 69(2) of the Minerals and Mining Act, 2006 which states: “The Minister shall before suspending or cancelling a mining lease give notice to the holder and shall in the notice, require the holder to remedy the breach within a reasonable period, being not less than one hundred and twenty days.” “…and where the breach cannot be remedied, to show cause to the reasonable satisfaction of the Minister why the mining lease or restricted mining lease should not be suspended or cancelled”.

In the statement, Exton Cubic Group Limited maintained that it had complied with all the legal requirements to push forward its vision of setting up a prosperous bauxite industry in the Ashanti Region.

The wholly-owned Ghanaian company said the revocation undermined the President’s ‘I believe in Ghana’ mantra and commitment to growing indigenous businesses.

 

Minerals & Mining Matters

…with Freeman Koryekpor Awlesu

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