Minister for lands and natural resources, Samuel Jinapor, has described as ‘moot and uncalled for’ the call by the Minority in Parliament for government to submit the said mining lease of Barari DV Ltd to Parliament for ratification.
According to him, it is needles to point out that the grant of a mining lease is the first step to undertaking a mining operation.
As such, he noted that it is “trite” learning that, after acquiring the mining lease, the company must go through other processes to obtain the requisite rights and permits before mining operations can commence.
These, Mr Jinapor stated, include ratification of the mining lease by Parliament, the acquisition of environmental permit from the Environmental Protection Agency (EPA), and the acquisition of an Operating Permit from the Minerals Commission.
Moreover, he stated that the suggestion that the company will commence mining operations in the first quarter of 2024 is, therefore, “palpably false” as the lease has not been ratified and the company is yet to acquire any of the required permits.
“The attention of the Ministry of Lands and Natural Resources has been drawn to a statement issued by the Minority in Parliament and some concerns raised by a section of the public in respect of the mining lease granted to Barari DV Ltd (hereinafter referred to as the “Company”) for the exploitation of lithium at the Ewoyaa concession…
“The call by the Minority in Parliament for Government to submit the said lease to Parliament for ratification, as captured by the statement issued and dated 24th October 2023, by its Ranking Member on Mines and Energy, to say the least, is respectfully, moot and uncalled for.”
Samuel Jinapor
Mining lease for Ewoyaa concessions
Contained in a statement dated October 27, 2023, Mr Jinapor welcomed the public interest and intense scrutiny of transactions for the exploitation and management of the natural resources of the country. This, he expressed, is the best way of ensuring that these minerals inure to the benefit of the Ghanaian people.
Furthermore, he explained that in accordance with the provisions of article 268 of the national Constitution, the mining lease granted to Barari DV Ltd, like all mining leases granted for the exploitation of minerals in the country, states in clause 1(e) that the Mining Lease is subject to ratification by Parliament in accordance with Article 268(1) of the Constitution and section 5(4) of Act 703.
He underscored that upon execution of the Mining Lease, the “Minister shall cause the Mining Lease to be laid in Parliament for ratification”.
“For the avoidance of doubt, the above condition precedent is, copiously, captured in the lease under reference. Indeed, the Supreme Court has affirmed in the case of Republic v High Court, (General Jurisdiction 6), Accra; ex parte Attorney-General (Exton Cubic – Interested Party) (Unreported, Civil Motion No. J5/40/2018, dated 31st July, 2019) that an unratified mining lease confers no enforceable rights. This decision has never been lost on Government, and ought not be lost on any commentator on this transaction.”
Samuel Jinapor
Justifying his stance, Mr Jinapr stated that the terms negotiated by government in respect of the Mining Lease is “one of the best for the exploitation of any mineral on the African continent and beyond”.
He highlighted that it is therefore needless to point out that government shall, “without fail”, submit the Lease, as it has done with all others, to Parliament, in accordance with article 268 of our national Constitution and the terms of the Mining Lease, for its consideration.
“As always, the Ministry will avail itself to the procedures of Parliament during the ratification process and will be more than ready to justify and/or clarify all the terms agreed to, if necessary.”
Samuel Jinapor
Meanwhile, the lands minister revealed that the Ministry of Lands and Natural Resources, under the distinguished leadership of President Akufo-Addo, continues to assure the general public of its unflinching commitment to the efficient, effective and sustainable exploitation and management of the natural resources of the country.
He emphasized that government is committed to seeing the deal through in the “spirit of transparency, anchored on integrity and utmost good faith”, for the benefit of the Ghanaian people.
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