THE LAW 101: Revisiting the 2019 Akonta Mining Judgment

The High Court resolved all issues against the mining entities, holding that a prospecting licence holder engaged in unapproved, illegal small-scale gold mining with foreign nationals cannot maintain an action in tort against state actors intervening in the public interest." The court also found that the engagement of over 100 Chinese nationals violated Section 99(4) of Act 703 (as amended by Act 900), rejecting claims that Hansol Mining (2nd Plaintiff) provided valid support services, as its permit (Exhibits A and B) restricted operations exclusively to Amansie Central in the Ashanti Region: "Following your submission of the annual report on your operations and the payment of the requisite renewal fee, we wish to renew your registration as Mine Support Service Company for the period 8th January 2012 to 7th January 2013 to provide contract mining services exclusively to Infinity Gold Resources a small scale mining operation which is located at Kontromfi in Amansie Central District of the Ashanti Region."Key defence witnesses and their testimonies To discharge the burden of proving that the Plaintiffs were engaged in illegal mining, the Defendants called several technical officers and operational commanders whose evidence proved decisive: Anthony Worlali (DW1) - District Mining Officer, Asankragwa DW1 testified that after receiving complaints from local communities, he inspected the site near Sefwi Ekura and confronted Chairman Wontumi: "He found a large number of people mining and when he inquired, he was told that the 5th plaintiff had employed them to conduct mining.