Wisdom Gomashie, a Mining Consultant and Fellow of Africa Policy Lens, has launched a blistering critique against the Chief Executive Officer of the Ghana Gold Board (GoldBod), Sammy Gyamfi, over statements directing artisanal miners to operate without valid legal licenses.
The controversy stems from Gyamfi’s assertion that miners operating outside water bodies, forest reserves, and designated roadways should be allowed to mine with or without a license as part of an effort toward formalization.
Wisdom Gomashie firmly rejected this declaration, asserting that unauthorized mining remains inherently unlawful regardless of scale, location, or environmental precautions.
“This goes to you based on your attempted defense.. Unlicensed mining remains unlicensed mining, regardless of the scale, and must not be termed only as unlicensed ASM.”
Wisdom Gomashie
Expanding on his position, Gomashie warned that giving blanket verbal clearance to unlicensed operators risks emboldening illegal operations across the country and severely undermining statutory governance in Ghana’s extractive sector.
He noted that illegal mining extends beyond unlicensed artisanal small-scale mining (ASM) to include entities operating beyond statutory land limits like the 25.2-acre boundary reserved for small-scale operations.
By bypassing statutory channels overseen by the Minerals Commission and the Ministry of Lands and Natural Resources, GoldBod’s leadership is effectively aiding and abetting unlawful mineral extraction while setting a dangerous precedent for resource governance in Ghana.
The Legal and Regulatory Reality of Ghana’s Mining Framework
Addressing the governance breach, Gomashie emphasized that mineral rights in Ghana are strictly regulated by Act 703, the Minerals and Mining Act, 2006. Under Section 9(1) of Act 703, no individual or entity is permitted to search, prospect, explore, or mine for minerals on any land without a designated mineral right granted through the proper statutory procedure, regardless of underlying land ownership.
Furthermore, Section 82(1) explicitly mandates that small-scale mining operations can only be legally conducted when an active license has been granted directly by the Minister responsible for Mines.
Wisdom Gomashie reiterated that Section 89 of Act 703 grants the Minister in consultation with the Minerals Commission the sole authority to designate specific public areas for small-scale mining through official publication in the Gazette.
Consequently, any attempt by executive leadership outside the Minerals Commission to unilaterally declare non-reserved lands open for unlicensed operations bypasses the Parliament-backed legal framework.
Rather than upholding statutory compliance, such declarations undermine established regulatory bodies and create regulatory chaos within mining communities across the nation.
Why Formalization Requires Licensing as the First Step
To understand the core of this policy debate, it is essential to examine the context surrounding artisanal and small-scale mining formalization in Ghana.
For decades, informal small-scale mining commonly referred to as galamsey has caused widespread environmental degradation, land destruction, and pollution of critical river bodies.
Governments have continuously attempted to transition informal operators into the structured economy to enhance environmental protection, collect appropriate revenues, and enforce worker safety standards.
In resource governance literature and practical field management, the granting of an official license represents the absolute first step in any formalization pathway.
Licensing establishes operational traceability, binds operators to environmental mitigation plans, and subject miners to regulatory supervision under frameworks such as the Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182).
Requesting individuals to commence mining before acquiring documentation reverses the standard formalization process, exposing non-reserved lands and nearby forest zones to uncontrolled exploitation under the pretext of eventual regularization.
Strategic Risks to Resource Management and State Institutions
Gomashie argued that assuming non-forest reserves or non-waterway areas are free-for-all zones represents a fundamental flaw in policy thinking.
Allowing illegal mining in unmonitored zones creates an unchecked pathway that inevitably spills over into protected water bodies and forest reserves once top-tier mineral deposits are depleted.
Without active compliance officers enforcing pre-licensing parameters, verbal exemptions dismantle existing community mining structures designed to anchor formalization lawfully.
Ultimately, Gomashie stressed that GoldBod’s primary function does not extend to regulating mining operations or setting independent licensing standards in Ghana.
By usurping the statutory role of the Minerals Commission and the Ministry of Lands and Natural Resources, the state risks weakening institutional governance.
To restore order and maintain regulatory integrity in Ghana’s extractives sector, Gomashie called for an immediate retraction, a full apology to the public, and an unwavering commitment to statutory compliance.
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