Adamus Resources Limited has resisted what it describes as a purported attempt to revoke its mining leases without adherence to due process.
The company insists that any such action would be unlawful under Ghana’s mining regulations.
In an April 27 press release, and signed by its legal representatives, Apatu-Plange & Co PRUC, the company responded to comments attributed to the Chief Executive Officer of the Minerals Commission during a press conference held on Monday, April 27.
The Minerals Commission’s CEO reportedly suggested that mining leases could be revoked immediately in the public interest, particularly in cases involving alleged deliberate or environmentally harmful breaches.
However, Adamus Resources argues that such a position is inconsistent with Ghana’s legal framework governing the mining sector.
According to the company’s lawyers, the power to suspend or terminate a mining lease is clearly defined under Section 68 of the Minerals and Mining Act, 2006 (Act 703), as well as Regulation 200 of the Minerals and Mining (Licensing) Regulations, 2012 (L.I. 2176).
“In particular, Section 68(2) of Act 703 requires that a holder of a mining lease be given notice of any alleged breach and afforded a reasonable period being not less than one hundred and twenty (120) days to remedy the same.
“Regulation 200(3) of L.I. 2176 further reinforces this requirement by mandating that, prior to any suspension or termination, the Commission must issue written notice specifying the alleged breach and grant the holder a defined period within which to cure it.”
The company, therefore, said it will not “submit to a process that is unknown to the statute.”
“We state, in the clearest terms, that any attempt to bypass the statutory notice requirements under the guise of urgency or public interest is not an exercise of lawful discretion but a direct infraction of the law. Our Client will not submit to a process that is unknown to the statute.
“Our Client remains committed to operating within Ghana’s legal and regulatory framework and will take all necessary legal steps to protect its rights and safeguard its investment.”
