AG & CJ the sentence of the 1st Operation Vanguard Convicts is a set back in the #StopGalamsey Fight
All well meaning Ghanaians should support us to ask the AG to appeal the conviction of these recalcitrant people who are not only mining without license but also mining on water bodies, poisoning the water and themselves.
Is GH¢2400.00 a fine for galamseyer. We know punishment is to deter and or punish. Will this amount do that?
The Judiciary need to come to the party in the #StopGalamsey fight. These fines will be paid almost immediately and it will embolden the illegality to increase. After all if you are caught all you have to pay is GH¢2,400.00 and are free to go back to your trade. The criminal, the financiers of these operations who were not the ones arrested will pay off this amount without blinking. It is when we sentence these victims to hash punishment that we can have them provide information to get the kingpins behind this trade.
We call on the AG to appeal this sentence and Chief Justice should educate the judges to apply the Minerals and Mining Amendment Act 900 2015 so that they can be part of the solution to kick out the illegality. Or was the problem the prosecution? Please we need to strengthen the weak links in our #StopGalamsey fight.
This is what the Minerals and Mining Amended act say: Act 900 Section 99 (2)A person who,
(a) without a license granted by the Minister, undertakes a small scale mining operation contrary to the provision of this Act, or
(b) acts in contravention of a provision of this Act in respect of which a penalty has not been specified,
Commits an offense and is liable on summary conviction to a fine of not more than 3000 penalty units or to a term of imprisonment of not more than 5 years or both.
How many penalty units is GH¢2,400.00? It is 2000 penalty units while the maximum is GH¢3,600.00 plus 5 years in prison.
Why were there no custodial sentence for people who mining on a water body and polluting and poisoning all of us. Bear in mind that mining on water bodies is so illegal and they were also mining without a license too.
Even in war, poisoning the water bodies of your enemy is frowned upon as a war crime. So should we not see these people who are poisoning our water bodies in the same light.
My non legal mind tells me that this is not the way to go. AG & Chief Justice please come to the aid of Ghana. Check the story on Graphiconline
https://www.graphic.com.gh/news/general-news/operation-vanguard-secures-first-conviction.html
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