Audio By Carbonatix
Pressure Group, OccupyGhana has described President Akufo-Addo’s endorsement of the ‘burn-on-sight’ approach adopted by operatives of Operation Halt, as unfortunate.
OccupyGhana also decried the President's call on affected parties to “go to court”.
In a press statement sighted by myjoyonline.com Friday, May 28, the Group said President Akufo Addo is aware that the "burn-on-sight' policy being used to sanction the activities of illegal miners is in itself an illegality.
“The President knows that he is wrong, and that no interpretation of the clear language of his government’s own 2019 amendment to the minerals and mining Act, supports the current ‘burn-on-sight’ policy. And that is why we find the President’s ‘go to court’ challenge unfortunate,” it stated.
According to the Group, confiscating the machines as stated in the law and tracing its owners would have achieved better results.
President Akufo-Addo, while delivering the keynote speech at the sod-cutting ceremony to mark the commencement of the construction of new premises for the Ghana School of Law on 26 May 2021, defended the government’s ‘burn-on-sight’ policy.
According to him, affected parties should seek legal redress if they believe they feel unduly shortchanged.
“I know there are some who believe that the ongoing exercise of ridding our water bodies and forest zones of harmful equipment and machinery is unlawful and, in some cases, harsh.
“I strongly disagree, and I would advise those who take a contrary view to go to court to vindicate their position, if they so wish. That is what the rule of law is all about,” he stated.
However, reacting to the President’s statement, Occupy Ghana said, “The President knows that nowhere in that law, is the current ‘burn-on-sight’ punishment prescribed, which makes it extra-legal, extra-judicial and consequently unconstitutional.”
“We do not believe that it is impossible to locate, arrest and prosecute the owners of the excavators and ‘chanfangs’. These equipment and machinery were imported into Ghana through the harbours. The entire importation system in Ghana is, thankfully, fully computerised.
“Thus, the chassis numbers and other identification details of these equipment and machinery used for illegal mining are or should be in the databases of either or both of GHAPOHA and the Customs Division of the Ghana Revenue Authority.
“Further, the excavators could not have been moved to destinations throughout Ghana without licensing at the now highly computerised DVLA.
“Therefore, we believe that government can easily ascertain ownership of the equipment from these government bodies, arrest and prosecute the owners, and then obtain the requisite confiscatory orders from the court,” it stated.
The Group thus called on the President, to instead follow the law “and respect the principles of constitutionalism and rule of law, which remain the cornerstones of our democracy.”
“We challenge the President to stop the “burn-on-sight” policy. If the government needs another amendment, it should go back to Parliament. But exacting extra-legal and extra-judicial punishment on alleged offenders should stop forthwith,” it concluded.
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