Accra: Circuit Court judges and magistrates from the Western, Central, and Western North Regions have commenced a two-day training session focused on the Land Act, aimed at enhancing the future of land adjudication in Ghana. This initiative, organized under the auspices of the Ghana Chamber of Mines, seeks to ensure that the judiciary is meticulous in the interpretation of the Land Act of 2020, Act 1036, and the Minerals Act of 2006.
According to Ghana News Agency, Justice Tanko Amadu, Justice of the Supreme Court and Head of the Judicial Training Institute (JTI), emphasized the constitutional duty to protect land resources. He highlighted the training's significance amidst ongoing challenges posed by illegal mining activities, known as 'galamsey,' which threaten the environment and the social and legal structures of rural mining communities.
Courts are increasingly facing cases involving conflicts between landowners and licensed mining companies, as well as unlawful encroachments on mineral-rich lands. Justice Amadu highlighted the necessity for judicial members to be well-versed in statutory frameworks governing these issues to dispense justice with clarity, competence, and constitutionality.
The Land Act, 2020 (Act 1036), enacted to consolidate and reform legislation governing land in Ghana, repealed several earlier laws to introduce greater clarity and coherence in land governance. This legislation aims to address longstanding legal and practical challenges, emphasizing the critical role of the Bench in adjudicating land and mining-related disputes.
Justice Amadu underscored the need for specialized training on the Land Act, 2020 (Act 1036), and the Minerals and Mining Act, 2006 (Act 703) for Circuit Court Judges and Magistrates to strengthen their capacity in these areas. This initiative is expected to enhance judicial decision-making in cases with significant environmental, economic, and social implications.
Magistrates and judges are urged to be adept at distinguishing valid possession from unlawful occupation, ensuring awareness of designated mining zones versus protected or residential lands. This should align with the Land Use and Spatial Planning Act 2016 (Act 925), which promotes sustainable land development and human settlements.
Justice Amadu emphasized the judiciary's role in shaping Ghana's land and resource governance, urging decisions to be rooted in statutory and customary balance and informed by constitutional fidelity.
Dr. Ken Ashigbe, Chief Executive of the Ghana Chamber of Mines, highlighted the need for greater collaboration to combat illegal mining, emphasizing the broader implications for state security. He advocated for specialized courts to expedite justice in illegal mining cases and pledged the Chamber's support for institutions committed to this cause.
