GoldBod must obey the laws of Ghana

GoldBod is increasingly overstepping its statutory mandate through its proposed ASM Formalisation and Financing Support Programme, raising serious concerns about its assumption of responsibilities that legally belong to the Minerals Commission.

This development risks creating institutional confusion, undermining responsible mining and promoting illegal mining, and creating opportunities for the misuse or misappropriation of public funds.

What does the law actually permit GoldBod to do?

1. Section 3(1) of the Ghana Gold Board Act, 2025 (Act 1140), expressly assigns GoldBod functions that extend beyond the buying and selling of gold. In particular:

• Section 3(1) (e): In collaboration with the Ministry responsible for Mines, provide support to small-scale miners through geological investigations, concession viability and equipment financing.

• Section 3(1) (f): Promote the formalisation of small-scale mining through: i. Responsible sourcing of gold; ii. Supply-chain sustainability; iii. Traceability of gold; and iv. Adherence to international best practices.

• Section 3(1) (g): Promote and support environmentally sustainable and responsible mining practices.

1. While these provisions give GoldBod a legitimate role in supporting small-scale miners and promoting responsible mining, Act 1140 does not expressly confer on it the broader statutory responsibilities of coordinating national mineral-sector policy or regulating and managing the utilisation of Ghana’s mineral resources.

These responsibilities are assigned to the Minerals Commission under the Minerals Commission Act, 1993 (Act 450).

This raises a fundamental question: Has Act 450 been clandestinely amended to transfer these responsibilities to GoldBod? If not, on what legal authority is GoldBod assuming an increasingly influential role in directing Ghana’s mining-sector policy?

The Minerals Commission Act, 1993 Act 450)

1. Under the Minerals Commission Act, 1993 (Act 450), the Minerals Commission is established as the statutory institution responsible for the regulation and management of the utilisation of Ghana’s mineral resources and the coordination of policies relating to them.

Its responsibilities include making recommendations on national policy for mineral exploration and exploitation, advising the Minister responsible for Mines, and monitoring the implementation of government policies in the mining sector.

2. In light of these statutory responsibilities, has the Minerals Commission relinquished its mandate to GoldBod?

Why does GoldBod increasingly appear to dictate the direction of Ghana’s mining-sector policy through its actions, public statements and institutional posture?

Is the Minerals Commission still diligently performing the responsibilities assigned to it by law, or has President John Dramani Mahama’s government quietly transferred those responsibilities to GoldBod? The government owes Ghanaians an explanation.

Why GoldBod must not overstep its mandate

1. The regulation of mining activities, including the administration of mining rights and enforcement of licensing requirements, falls within the statutory responsibilities of the relevant mining authorities, particularly the Minerals Commission.

GoldBod must not assume these responsibilities or present itself as the institution responsible for directing mining-sector regulation and policy. Its activities must remain within the boundaries established by Act 1140.

1. The proposed ASM Formalisation and Financing Support Programme raises serious concerns about the extent of GoldBod’s involvement in mining-sector governance.

GoldBod must confine its activities strictly to the functions assigned to it under Act 1140 and refrain from meddling in the statutory mandate of the Minerals Commission.

It must not use its responsibilities under the guise of formalisation and financing support to assume powers that Parliament has not expressly conferred on it.

2.More concerning are the recent public remarks by GoldBod CEO, Sammy Gyamfi, suggesting that individuals could be allowed to engage in mining without a licence, provided they are not operating in water bodies, forest reserves or other restricted locations.

Such remarks demonstrate the recklessness with which GoldBod is approaching matters beyond its core mandate. The fact that a mining site is not located in a restricted area does not, in itself, grant anyone the legal right to mine without the requisite authorisation.

3. Sammy Gyamfi’s comments suggesting that illegal miners in this country number in the millions, constitute the country’s largest employment group, and that a ban on illegal mining will not work, not only betray GoldBod’s objective of promoting responsible mining but also further demonstrate the extent of GoldBod’s encroachment on the mandate of the Minerals Commission.

4. These statements are not only irresponsible but also reinforce our concerns that GoldBod is increasingly and dangerously taking over responsibilities that belong to the Minerals Commission. They reveal the risks associated with allowing GoldBod to assume an influential role in matters of mining-sector regulation and policy without clear legal authority.

5. This is precisely the danger of allowing GoldBod to operate beyond its defined institutional boundaries: overlapping mandates, reckless public pronouncements, the risk of encouraging irresponsible and illegal mining, and confusion in the governance of Ghana’s mining sector.

6. GoldBod’s statutory responsibilities in gold trading, small-scale miner support and formalisation do not, by themselves, transfer to it the broader mining-regulatory responsibilities of the Minerals Commission.

GoldBod may initiate and lead programmes within its statutory functions, but it must not use such programmes as a pretext to assume the regulatory and policy responsibilities of the Commission. Collaboration between institutions must not become a licence for one institution to take over the mandate of another.

The Demands Of Ghanaians

Ghanaians deserve clear answers and demand the following: 1. GoldBod must immediately disclose the precise scope of its leadership and responsibilities under the proposed ASM Formalisation and Financing Support Programme.

2. GoldBod must explain who is responsible for policy design, regulatory decisions, concession-related matters, financing and programme implementation. Ghanaians deserve to know the respective roles of GoldBod, the Minerals Commission and the Ministry responsible for Mines in the programme.

3. The government must clarify whether the Minerals Commission remains fully responsible for discharging its statutory duties of regulating and managing the utilisation of Ghana’s mineral resources and coordinating mining-sector policies.

If GoldBod has been legally authorised to exercise any of these responsibilities, the government must identify the legal instrument through which that authority was conferred.

4. President John Dramani Mahama must rein in his “darling boy”, Sammy Gyamfi, and ensure that GoldBod operates within the limits of its statutory mandate. Ghana cannot afford a situation where public officials make reckless pronouncements that risk encouraging illegal mining while the country continues to struggle with the devastating consequences of galamsey.

Conclusion

1. Ghana’s mining sector cannot be governed through institutional confusion, overlapping responsibilities and reckless public pronouncements. Every public institution must operate within the powers conferred on it by law, regardless of the political influence or position of its leadership.

2. GoldBod has an important role to play in strengthening the gold value chain, supporting small-scale miners and promoting responsible gold sourcing. However, these responsibilities must not become a justification for taking over the mandate of the Minerals Commission.

3.The government must explain the legal basis for GoldBod’s expanding role in mining-sector policy and demonstrate that the Minerals Commission’s statutory authority remains intact.

No institution is above the laws of Ghana. GoldBod must be made to understand that.