Private Legal Practioner and Mining Engineer, Theophilus Dzimega, has called for a public inquiry into what influenced the decision to charge Maxam Company Limited (MGL) an extra $5 million besides the $1 million administrative fine.

The call comes after the government spelt out sanctions imposed on MGL, the mining explosives manufacturing company at the center of the Appiatse explosion.

"I feel that even if the 3-member committee has submitted a report, there should be an open public inquiry to know exactly what went in and for us to know the recommendations so that this does not happen again in the future," he said on the Super Morning Show on Wednesday.

Mr. Dzimega also had issues with the fine, "the question I've been asking myself and I believe a number of Ghanaians have been asking is that 'who is the 5million dollar fine for?' Is it for the people of Appiatse or for the government of Ghana? If it is for the community then it should be donated to the Appiatse Fund," he said.

In response, the Lands and Natural Resources Minister, who was also on the show, explained that proceeds from the fine will be used to support the reconstruction of the town. According to him, he imposed the additional $5 million charge in his capacity as the regulator of the mining sector.

Mr. Abu Jinapor stated that as the Minister, he can exercise discretionary powers, in the form of sanctions, imposition of fines, etc. on organisations which go contrary to the requirements of the mining regulations.

However, Mr. Dzimega questioned the basis on which an administrative fine was imposed.

"I ask where from the administrative fines as stated by the Minister. The Law is clear on how much a company has to be fined so there is a breach. The Minister said they are using administrative power.

"Now if we go back to the Constitution, it defines how the administrative powers or administrative officials shall behave. It says 'they shall act fairly and reasonably' and when you go to Article 296, it says they shouldn't do things arbitrarily or capriciously. So what is the basis of the fine that has been imposed on Maxam?" he asked.

He stated that there was no justification for the fine, especially considering the fact that MinIster's statement was premised by a claim that (the fine) is without prejudice to any liability in terms of a civil action or a criminal action.

"So whether they pay it or not, they'll still have a day in court. Maybe they are paying this out of goodwill or as a result of brand image redemption but beyond that, there's no justification for this payment," he said.

He also called for mine inspectors to be equipped with the requisite skills to ensure they function effectively.

"The enforcement and compliance with these regulations lie with the inspectors of mine - have they got enough skills and resources to be able to enforce the law? We could put in place all these nice measures but if we don't enhance the skills and capability of the inspectors of mines we'll be back to square one.

"So much as the pointers are good, do they have the skills? So we should resource them properly with the appropriate logistics and we enhance their skills to be able to ensure that this is properly enforced.