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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