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salt mining in Keta Lagoon unconstitutional - Anlo Youth



The Anlo Youth Council has dragged the Minerals Commission, Director of Wildlife Division of the Forestry Commission and Water Resources Commission to court for licensing two companies Kensington Industries Limited and Seven Seas Salt Limited to exploit and mine salt in the Keta Lagoon without parliamentary approval. 
 
Article 268 (1) of the 1992 constitution states: “Any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the Government of Ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of this Constitution shall be subject to ratification by Parliament”

In the suit filed at the Supreme Court yesterday, the Anlo Youth Council claims the state failed to get parliamentary approval before granting licensing the two companies to exploit and mine salt in the Keta Lagoon.


 “A declaration that on a true and proper interpretation of Article 268 of the 1992 Constitution of the Republic of Ghana, the grant of a license by the Minister for Lands and Natural Resources and/or the Minerals Commission to Kensington Industries Limited, Seven Seas Salt Limited and other companies or persons to exploit and mine salt in the Keta Lagoon Complex without the approval or ratification by Parliament is unconstitutional,” the group indicated in the suit.



The council is therefore asking the Supreme Court to set aside the license because of this flagrant breach of the constitution  



“An order setting aside the Mining licenses granted by the Minerals Commission or the Minister of Lands and Natural Resources to Kensington Industries Limited, Seven Seas Salt Limited and other persons to exploit and mine salt from the bed of the Keta Lagoon Complex on grounds that such licenses lack the approval or ratification by Parliament under Article 268 of the 1992 Constitution,” the suit pleaded.

The Council in the suit also accused the ministry of lands and natural resources of contravening the Ramsar Convention in awarding the license to the two companies.  



The Keta Lagoon is one of six wetlands designated as Ramsar sites in Ghana. Its designation imposes a duty on the country to take the steps necessary to manage them effectively, maintaining their ecological character.



The Anlo Youth Council believes the government has failed its responsibility under the convention by granting the two companies the right to mine salt in the bed of the Keta Lagoon Complex because the act threatens the environment and people residing in the catchment area of the Ramsar site.



“A declaration that all licenses granted by the Minister of Lands and Natural Resources to Kensington Industries Limited, Seven Seas Salt Mining Limited or any other person to extract brine from beneath the bed of the Keta Lagoon Complex, a Ramsar site and its actual extraction from the bed of the Lagoon has an adverse effect on the environment and the people residing within the catchment area of the Keta Lagoon Complex, does not constitute a “sustainable utilization” and “wise use” of the Keta Lagoon Complex, and therefore is inconsistent with Article 36(9) of the 1992 Constitution and the Ramsar Convention on Wetlands, 1971 as amended,” the suit indicated



The group is also unhappy with the blockage of the Belikpa Stream by the two companies as part of their activities.



The Anlo Youth Council alleges that the stream’s flow into the Keta Lagoon  has been blocked and is surprised the Water Resources Commission, Chief Wild Life Officer and the Minister of Lands and Natural Resources have done nothing to prevent this abuse of the environment.



 The group is therefore asking for the suspension of the licenses granted the two companies because they violate the constitution.  

                                                                                        

“An order setting aside the Mining Licenses of Kensington Industries Limited, Seven Seas Limited and other persons granted by the Minerals Commission and/or the Minister of Lands and Natural Resources on grounds that they contravene Article 20 of the 1992 Constitution,” the suit further requested.

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