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Introduction
A video of Ghana Gold Board (GoldBod) Chief Executive Officer Sammy Gyamfi discussing unlicensed small-scale mining has sparked public debate over whether the government is prepared to allow Ghanaians to mine without the necessary licences, provided they stay away from water bodies, forest reserves and other prohibited locations.
The remarks, reportedly dating to an engagement with artisanal and small-scale miners at the Kwame Nkrumah University of Science and Technology (KNUST) on Mar. 23, 2026, have drawn criticism from sections of the public, while GoldBod and the Ghana National Association of Small-Scale Miners (GNASSM) have defended the comments as part of the government’s broader policy to formalise eligible informal miners.
What did Sammy Gyamfi actually say?
During the engagement, Sammy Gyamfi discussed the government’s approach to identifying and formalising eligible artisanal and small-scale miners who operate outside the formal regulatory framework.
He said in the Twi dialect that where a mining site was not a water body, forest reserve or roadside, “whether the person has a licence or not, the government says that person should be allowed to mine.”
See minutes 0:01 to 0:35 for Sammy’s comments in the video posted on Facebook by Accra-based TV3.
Public reaction to the remarks
The comments, though made a few months ago, have drawn criticism, with some interpreting them as an indication that the government was prepared to tolerate illegal mining in locations outside water bodies and forest reserves.
The Minority in Parliament has demanded Sammy’s resignation or dismissal, an apology and sanctions for the comments. Opposition lawmakers say the position attributed to him contradicted the Minerals and Mining Act, 2006 (Act 703).
“Is Sammy Gyamfi and the National Democratic Congress (NDC) party claiming that, except mining in forest reserves, waterbodies and by the roadside, galamsey operators can carry out their operations anywhere, including schools, churches, mosques, marketplaces, hospitals and even Ghana’s Jubilee House, Parliament House and the Law Courts, with or without a small-scale mining licence?” the minority asked.
Some civil society groups have also challenged the remarks, insisting that mining must not take place without the requisite authorisation, regardless of whether the location is environmentally sensitive.
The Ghana Coalition Against Galamsey (CAGG) has condemned Sammy’s remarks and has asked the Attorney-General to investigate whether they amount to abetting illegal mining.
In a statement dated Oct. 24, 2026, the group described the remarks as “unlawful, reckless,” and a “betrayal of the fight against galamsey”. CAGG is also asking Sammy to apologise for the comment.
GNASSM’s defence of Sammy Gyamfi
The Ghana National Association of Small-Scale Miners has defended Sammy’s comment, arguing that his remarks had been taken out of context.
In a statement dated Oct. 23, 2026, the association explained that the March engagement focused on the District Gold Market concept and measures to formalise Ghana’s artisanal and small-scale mining sector.
GNASSM said Sammy discussed the government’s intention to register and regularise eligible unlicensed miners whose operations did not affect water bodies, forest reserves, roads, highways, or other restricted areas.
The association rejected the interpretation that the remarks endorsed illegal mining, arguing that bringing eligible operators into a lawful, regulated framework should not be confused with permitting illegal activity.
It also urged the media and the public to consider the full recording rather than conclude from an isolated excerpt.
GoldBod’s response
GoldBod has similarly rejected claims that its chief executive endorsed illegal mining.
In a statement issued on Oct. 24, 2026, the Board described the circulating video as selectively edited and misleading. It said the excerpt omitted the context in which Sammy explained the government’s policy of identifying eligible informal operators and transitioning them into a lawful, regulated and environmentally responsible system.
GoldBod maintained that the objective was not to legitimise illegal mining but to end illegality by ensuring that eligible operators obtained the required licences and complied with applicable regulations.
The Board also pointed to its planned Artisanal and Small-Scale Mining Formalisation and Financing Support Programme, intended to support formalisation, financing, responsible mining practices, and traceability.
GoldBod’s central argument is that enforcement alone may not resolve the problem if eligible operators are not also given a practical route into the formal sector.
What does Ghanaian law say about mining without a licence?
Ghana’s principal mining legislation is the Minerals and Mining Act, 2006 (Act 703), as amended, which establishes a legal framework for acquiring mineral rights for small-scale mining.
Section 82(1) of Act 703, as amended, provides that:
“Despite a law to the contrary, a person shall not engage in or undertake a small-scale mining operation for a mineral unless there is in existence in respect of the mining operation a licence granted by the Minister for Mines or by an officer authorised by the Minister.”
Section 83 of the law provides that:
“A licence for small-scale mining operation shall not be granted to a person unless that person (a) is a citizen of Ghana, (b) has attained the age of eighteen years, and (c) is registered by the office of the Commission in an area designated under section 90(1).”
Therefore, a person cannot assume that mining is lawful simply because the activity takes place outside a forest reserve, water body or other restricted location.
Environmental approvals are also important. A mining lease or other mineral right does not necessarily provide every authorisation required to commence operations.
In response to the controversy, Environmental Protection Agency Deputy Chief Executive Officer Professor Michael Ayamga-Adongo described Sammy’s remarks as contextual but oversimplified.
He explained that operators may need an environmental permit and the relevant operating approvals in addition to the necessary mining rights. He also stressed that operations found to be illegal must first be stopped, even if operators may later qualify to seek regularisation.
The Wontumi case: A practical illustration of the law
A recent case involving the former Ashanti Regional Chairman of the opposition New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited illustrates the legal consequences of unlawful mining.
On July 20, 2026, an Accra High Court sentenced him to 20 years’ imprisonment with hard labour after convicting him on offences relating to the assignment of mineral rights without the required ministerial approval and facilitating unlicensed mining operations on the company’s concession at Samreboi in the Western Region.
The court also imposed fines, with the custodial sentences ordered to run concurrently. Akonta Mining was convicted on corresponding charges.
The case arose from mining activities on the concession that the prosecution said had been facilitated without the necessary approval. The defence disputed the allegation that Chairman Wontumi had authorised the mining activity.
The court ultimately found the relevant charges proved. The case demonstrates that the legal consequences of mining-related offences can extend beyond the individual physically operating mining equipment to those found to have unlawfully facilitated the activity.
It also illustrates why the absence of environmental harm or the fact that an operation is outside a protected area cannot, on its own, settle the question of legality. The specific mineral rights, approvals and conduct involved must be examined under the law.
Conclusion
Available news reports and video clips sighted by DUBAWA identify the remarks attributed to Sammy as having been made during his engagement with small-scale miners at KNUST on Mar. 23, 2026. GoldBod and GNASSM have both acknowledged the engagement and defended the remarks as part of a policy to formalise eligible unlicensed miners.
However, the legal position is clear on the central issue: being outside a water body or forest reserve does not automatically make mining without the required authorisations lawful. Formalisation is a process through which eligible operators may obtain the necessary legal approvals. However, it is not a general licence to mine without them.
