“Give Miners a Chance to Remedy Breaches” – Mine Workers Union Faults Minerals Commission Over Adamus License Revocation

The Ghana Mine Workers Union (GMWU) has criticized the Minerals Commission’s decision to revoke the mining lease of Adamus Resources, arguing that the company should have been given the opportunity to correct alleged infractions before facing what it called “draconian” sanctions.

Speaking on the revocation, GMWU General Secretary Abdul-Moomin Gbana stressed that while the union does not condone illegality, Ghana’s mining laws clearly provide avenues for companies to remedy breaches before licenses are withdrawn.

“The law is not entirely sacrosanct”

“First and foremost, I want to state that the country, Ghana, is regulated by laws. Whatever we do must be within the ambit of law,” Mr. Gbana said. “The Minerals and Mining Act is very clear on what the holder of a mining lease must do. If you do the contrary, obviously the law will go after you.”

“But the same law also provides avenues for what we call amendment or repair of whatever infraction may have occurred. In the wisdom of the framers of the law, the law is not entirely sacrosanct.”

Mr. Gbana argued that it is the duty of the Inspectorate Division of the Minerals Commission to compel mining lease holders to fix wrongs when substandard activity is detected, rather than immediately moving to revoke licenses.

Concerns over due process and investor confidence

“In the instant case of Adamus, I want to say that the issues that have been cited are of great concern, but these are matters that could have easily been remedied,” he noted. “I expected the Minerals Commission to have directed Adamus to remedy whatever substandard activities were happening on the mine.”

He warned that going “full blown after the mining lease of Adamus Resources has far-reaching implications.”

“It is just common sense that when things like this happen, you give at least the opportunity for the holder of the lease to take immediate steps to remedy whatever wrongs may have occurred. If they fail to remedy it, then you have the right under the laws to take draconian decisions of the nature that we have all heard and read about.”

Workers’ future “in the balance”

The GMWU boss said the Commission’s approach creates panic and uncertainty, especially for workers.

“As we speak, workers, their future with that company is in a bit of a balance. What’s going to happen going forward? These are concerns that ought to be looked at,” Mr. Gbana said.

He cautioned that while the Commission has discretion, “that discretion must not be arbitrary, and it must not be capricious.”

“Illegality cannot be condoned, but process matters”

Mr. Gbana was clear that the union does not support wrongdoing. “Let me also state here that illegality cannot be condoned in any form or shape. What is wrong is wrong.”

He added that he may not have all the facts on the Commission’s preliminary engagements with Adamus before the revocation. “But be that as it may, as a union, there’s always an opportunity, particularly given the stakeholders involved and the implications of these decisions.”

Call for regulatory balance

According to the General Secretary, infractions are not uncommon across the mining industry — which is why the Inspectorate Division exists. “They visit regularly and when they cite one infraction or the other, they direct the holder of the lease to do the needful. If that opportunity were given, Adamus would have taken immediate steps to remedy it.”

He warned that heavy-handed enforcement could scare off investors. “The exercise of power must always be exercised carefully. Once it is done arbitrarily, once it’s done in a very capricious way, you scare not just the players within the industry, but also prospective players who want to come into the industry.”

“You must draw a balance between how you apply the rules and how you manage relations within the ecosystem. Once you go so high, you are likely to also scare prospective investors.”

Economic fallout

Mr. Gbana questioned the broader economic impact of the revocation. “I don’t know what their contribution, by way of revenue to the state. All that is immediately going to come to a standstill. Defining the future going forward is also going to be a bit problematic.”

He concluded with a call for caution: “It’s just important that we are a bit cautious in terms of how some of these decisions are taken, especially when there’s an avenue for the holder of the lease to remedy infractions and wrongs they may have committed.”

Background

The Minerals Commission has not yet publicly detailed all the specific breaches that led to the revocation of Adamus Resources’ mining lease. The company operates the Nzema Gold Mine in the Western Region.

The GMWU says it expects the Commission to “comply fully with its own laws” and consider the overall impact on workers, communities, and investor confidence.