- Ghana Chamber of Mines Asks Reuters to Clarify Report on Proposed Mining Law
The Ghana Chamber of Mines has called on Reuters to clarify aspects of its report on the proposed Minerals and Mining Bill, 2026, particularly its treatment of the government’s special-share rights in mining companies and the proposed duration of mining leases.
In a rejoinder dated October 7, 2026, the Chamber said the underlying power allowing the government to demand a special share in a mining company is not being introduced for the first time under the new Bill.
Reuters reported on September 30 that the proposed legislation would allow the Minister responsible for mines to require mining companies to issue the Republic a special share for no consideration.
The special share would give the government consent rights over certain significant corporate transactions, including the transfer of mining leases, voluntary liquidation and the disposal of major assets connected to mining operations in Ghana.
According to the Chamber, however, the Reuters headline and opening paragraphs did not sufficiently explain that the power already exists under Section 60 of the Minerals and Mining Act, 2006 (Act 703).
“The power has therefore been part of Ghana’s mining legislation since 2006,” the Chamber said.
Under the existing law, the special share is classified as a non-voting preference share. Unless the government and the affected mining company agree otherwise, the share does not give the Republic a right to dividends, profits or the company’s assets when it is liquidated.
It nevertheless gives the government consent rights over specified major transactions.
The Chamber explained that Clause 57 of the Minerals and Mining Bill, 2026, largely carries this existing framework into the proposed legislation. The Bill, however, introduces significantly stronger penalties for mining companies that fail to comply with the requirement.
The industry association stressed that its explanation of the legislative history should not be interpreted as an endorsement of the special-share power or how the government may decide to exercise it.
It has consequently asked Reuters to clarify that the special-share provision is being re-enacted with revised sanctions rather than introduced as an entirely new government power.
The Chamber also addressed the proposed duration of mining leases under the Bill.
It acknowledged that Reuters accurately reported Clause 39(2)(a) of the version of the Bill published by Parliament in May 2026.
The provision states that an initial mining lease may be granted for 15 years or the forecast life of the mine, whichever is shorter. This compares with a maximum lease period of 30 years under the existing Minerals and Mining Act.
However, the Chamber said the published provision differs from a subsequent public statement made by the Minister for Lands and Natural Resources, Emmanuel Armah-Kofi Buah.
At the Government Accountability Series held on July 15, 2026, the Minister announced that the maximum mining lease period would be fixed at 20 years.
“Mining lease period is now fixed at 20 years maximum,” the Minister stated.
The Chamber explained that the statement was made after the Bill had already been presented to Parliament. It may indicate the government’s revised policy intention, but it does not automatically amend the legislation currently before lawmakers.
“The material point for readers is the unresolved difference between the text published by Parliament and the Government’s later public statement,” the Chamber said.
It has therefore asked Reuters to reflect both positions and clarify that the 20-year maximum represents the government’s subsequently stated intention, while the published Bill still provides for a maximum initial term of 15 years or the forecast life of the mine.
The Chamber said accuracy was particularly important because international reports on Ghana’s mining legislation influence decisions made by investors, lenders, mining companies, analysts and policymakers.
It added that the proposed legislation contains several important measures that require careful examination and informed public discussion.
The Chamber said it would continue engaging the government, Parliament and regulatory agencies on the implications of the Bill for responsible mining, investment, competitiveness and Ghana’s long-term national interest.
It also encouraged media organisations covering Ghana’s mining sector to distinguish between provisions that already exist under current legislation and genuinely new proposals.
Similar care, it said, should be taken to separate the text of a Bill formally presented to Parliament from subsequent ministerial statements about the government’s policy intentions.
The Chamber reaffirmed its support for reforms that strengthen governance, increase Ghanaian participation and allow the country to retain more value from its mineral resources.
It maintained, however, that these objectives must be balanced with the predictability and competitiveness required to attract and sustain responsible, long-term mining investment.
