The training, under the auspices of the Ghana Chamber of Mines, would ensure that the Judges and Magistrates were very meticulous in the interpretations of the Land Act of 2020, Act 1036 and the Minerals Act of 2006.
His Lordship Tanko Amadu, Justice of the Supreme Court and Head of the Judicial Training Institute(JTI), at the Opening of the course, said the constitutional imperative to protect the land and its blessed resources was clear for them as custodians of legal accountability in the extractive sector and stewards of justice where the rights of communities, the state, and private investors intersected.
“This particular training comes at a critical time when illegal mining activities-popularly known as ‘galamsey’ continue to threaten not just our environment, but the very social and legal fabric of rural mining communities.”
He noted that the courts were increasingly confronted with cases involving conflicts between landowners and licensed mining companies and unlawful encroachment on mineral-rich lands.
Others are regulatory breaches and environmental violations, exploitative practices in illegal mining, noting the need for the members of the Justice regime to refresh themselves with the statutory frameworks governing these issues, not only to dispense justice but to do so with clarity, competence and constitutionality.
Justice Amadu said the effective administration of justice in land and mining-related disputes required a thorough understanding of the applicable legal frameworks, as well as a uniform approach to their interpretation and application.
In 2020, the Land Act, 2020 (Act 1036) was enacted to consolidate, harmonize, and reform the various pieces of legislation governing land in Ghana.
This landmark legislation repealed several earlier laws, including the Land Development (Protection of Purchasers) Act, 1960 (Act 2), the Farmlands (Protection) Act, 1962 (Act 107), and the State Lands Act, 1962 (Act 125), among others.
He said by consolidating these enactments, the Land Act introduced greater clarity and coherence in land governance and significant reforms aimed at addressing long standing legal and practical challenges.
He said recognizing the critical role of the Bench in the adjudication of land and mining-related disputes, the JTI had identified the urgent need to build capacity in these areas.
Justice Amadu said there was a need for specialized training on the Land Act, 2020 (Act 1036), and the Minerals and Mining Act, 2006 (Act 703), for Circuit Court Judges and Magistrates in the Western North, Western, and Central Regions, to address this gap.
The initiative would strengthen their capacity to interpret and apply the Land and Mining laws more effectively, thereby promoting judicial decision-making in cases that had significant environmental, economic, and social implications.
Magistrates and Circuit Judges must be adept at distinguishing valid possession from unlawful occupation, adding, that statutory provisions addressing land use plans (in coordination with the Land Use and Spatial Planning Authority) required them to be conscious of designated mining zones versus protected or residential lands.
That, he noted should be done in conjunction with the Land Use and Spatial Planning Act 2016 (Act 925) which provides for sustainable development of land and human settlements through a decentralised planning system, ensure judicious use of land in order to improve quality of life, promote health and safety in respect of human settlements and to regulate national, regional, district activities.
Justice Amadu added, “In discharging our mandate, we are not merely resolving disputes, but we are also shaping the future of Ghana’s land and resource governance. Let our decisions be grounded in statutory and customary balance, Informed by constitutional fidelity. Alive to the environmental and social realities of mining communities.”
Dr. Ken Ashigbe, the Chief Executive of the Ghana Chamber of Mines, said the scourge of illegal mining, its associated health and environmental challenges called for greater collaboration to protect the land from further destruction.
He urged Ghanaians to begin to visualise the broader effects of the illegal trade with particular emphasis on security of the state and to support the fight at hand.
Dr. Ashigbe spoke against systemic delays in handling illegal mining cases and proposed a specialized court to speed up justice in that regard.
He pledged the Chamber’s commitment to supporting well-meaning institutions to win the fight.
GNA
