Dr. Steve Manteaw, mineral resources governance expert, has defended the legal right of Engineers & Planners (E&P) to sell gold extracted from the Damang Gold Mine.
Responding to the recent criticisms regarding the necessity of parliamentary ratification for mining leases, Dr. Manteaw argued that the current operational status of E&P and its partner, Damang Gold Mine Limited (DGML), is firmly rooted in existing statutory procedures and the exigencies of preserving the asset.
“In the particular case of the Damang Gold Mine Limited (DGML), I am aware that, every single step set-out in Section 13 has been complied with and there are documents to proof same. The presence of E&P and DGML on the Damang Concession is therefore well grounded in law.”
Dr. Steve Manteaw, mineral resources governance expert
The controversy stems from questions regarding whether a lease owner can engage in mining and gold sales before parliamentary ratification, as mandated by the constitution.
Dr. Manteaw clarifies that both the 1992 Constitution and the Minerals and Mining Act (Act 703) lack specific timeframes for this ratification, a legislative gap that has historically allowed many large-scale mining companies to operate for years without formal parliamentary approval.
In the case of Damang, he asserts that the company has meticulously complied with Section 13 of Act 703, which governs the grant of mineral rights and permits the holder to enter the land upon the Minister’s grant, thereby validating their presence and operations on the concession.
Regarding the legal authority to dispose of the gold, Dr. Manteaw emphasizes that the government’s financial interests remain protected:
Compliance with Section 13 of Act 703
The legal foundation for E&P’s operations rests on the procedural compliance with Section 13 of the Minerals and Mining Act.
According to Dr. Manteaw, every step required by the Act from the Minerals Commission’s recommendation and the Minister’s written notification to the applicant, through to the publication in the Gazette and the formal acceptance of the offer has been executed.
By law, once the Minister grants the mineral right following the notification of acceptance, the holder is entitled to enter and utilize the land.
He notes that “the presence of E&P and DGML on the Damang Concession is therefore well grounded in law,” refuting claims that the company lacks the authority to operate.
Constitutional Context and Revenue Management
Dr. Manteaw points out that Article 268 of the 1992 Constitution recognizes that a mineral right is not exclusively defined as a mining lease but encompasses various forms of undertakings, contracts, or transactions.
The transition at Damang was an urgent intervention designed to prevent the mine from shutting down on April 18, 2026.
Rather than compromising state revenue, he argues that the current arrangement facilitates proper oversight.
By keeping revenues within the country, stakeholders ensure that a transparent reconciliation of accounts can occur once parliamentary ratification is complete, allowing for the accurate determination of government proceeds.
Addressing Historical Precedents
Questioning the sudden scrutiny of E&P, Dr. Manteaw highlights a double standard in the mining sector.
He notes that for years, foreign-owned mining companies have operated and exported gold without immediate parliamentary ratification, yet these practices rarely faced similar public pushback regarding ownership rights.
He cautions against allowing a perception that domestic firms are treated with greater hostility than their foreign counterparts.
As a governance expert, he suggests that the ongoing situation at Damang is a reflection of systemic gaps that require broader reform, rather than a singular failing of the current lease holder.
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