Residents Sued Ghana Manganese Mining Company Over Unlawful Demolition

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Residents Sued Ghana Manganese Mining Company Over Unlawful Demolition

Some aggrieved residents of Tarkwa Banso in Western Region have sued the Ghana Manganese Mining Company at the Tarkwa High Court for unlawful destruction of their houses, farmlands and cash crops without paying the compensations due them.

The plaintiffs numbering about fifty-nine (59) are praying the Court for a perpetual injunction restraining the defendant from proceeding to demolish or destroy their buildings or structures until full and satisfactory compensations and resettlement have been provided.

A 65-year old Albert Kingsley Prah, told the media in an interview that the Company on 8th July 2020 brought demolition notice and gave them up to 13th to vacate the area.

But unfortunately, the demolition started on 10th July 2020 under heavy security presence.

The contractors with the help of the armed security personnel disconnected electricity in the Banso community.

“We were even shocked because we are still in the negotiation stage with the Resettlement Monitoring Committee of the Tarkwa Nsuaem Municipal Assembly trying to address the issue and we have not completed the processes but the company has gone ahead to order the contractors to demolish our houses which situation has completely rendered us homeless,” Mr. Prah lamented.

The affected residents are further asking the Court to order the Ghana Manganese Mining Company Limited to pay prompt and adequate compensation to the plaintiffs herein prior to the imminent destruction of their buildings, houses, farmlands and structures.

Ghana Manganese Mining Company which is operating a mining concession for manganese at Banso in the Tarkwa-Nsuaem Municipality of the Western Region has demolished dozens of houses and structures of the residents at Banso worth billions of Ghana Cedis without paying compensations to the affected residents. This situation he indicated had created tension, confusion and insecurity in the area.

According to the affected residents, they were in the bone of contention with the manganese mining company as a result of improper negotiation of the resettlement compensation packages.

They pointed out that they were resisting not to go and occupy the place the company has built to resettle them because the number of the rooms in the building structures were not up to their rooms they were living in before the company wanted to relocate them.

“We were even stunned because we are still in the negotiation stage with the Resettlement Monitoring Committee of the Tarkwa Nsuaem Municipal Assembly trying to address the issue and we have not completed the processes but the company has gone ahead to order the contractors to demolish our houses which situation has completely rendered us homeless,” the residents stated.

A statement of case filed on July 8, 2020, on behalf of the plaintiffs by the Counsel at the Center for Public Interest Law, the legal firm situated at Haatso in the Greater Accra Region, Mr Augustine Niber is asking the court to make a declaration that the plaintiffs being owners or lawful occupiers whose permanent dwelling and other immovable properties are affected by the proposed mineral operation of the Ghana Manganese Company Limited (a holder of a mining lease), are “inhabitants” as defined in the Minerals and Mining (Compensation and Resettlement) Regulations, 2012 (L.I. 2175).

The plaintiffs in the claims of the statement are praying the court to declare that as inhabitants, they are entitled to compensation of and resettlement from the defendant as a condition precedent to the lawful commencement of operations on the concession by the defendant.

The plaintiffs are asking the court to declare that the commencement of activities and operations by the defendants before the resettlement of plaintiffs, is unlawful and contrary to section 14(3) of Minerals and Mining (Compensation and Resettlement) Regulations, 2012 (L.I. 2175).

They are further praying the court to declare that the continued delay and/or refusal by the defendant to promptly compensate the plaintiffs and subsequent threats to forcibly evict them and demolish their buildings, structures, farmlands and other properties which serve as their only and main place of abode is unlawful under the 1992 Constitution and other relevant laws of Ghana.

The court according to the plaintiffs, should declare that the continued delay and/or refusal by the defendant to promptly resettle the plaintiffs before carrying out the destruction of their buildings, structures and other properties which serve as their only or main place of abode is unlawful under the 1992 Constitution and other relevant laws of Ghana

Source: WatchGhana.Com/Edmond Gyebi

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