Cocoa Bill: Parliament caught constitutional flaw in mining provision before passage - Jerome Sam

Jerome Kwame Sam, Head of Public Affairs at the Ghana Cocoa Board (COCOBOD), stated that Parliament identified and corrected a constitutional flaw in the new Cocoa Bill before its passage. He said, "At first we had in there, whereby even if somebody should be granted a license to mine, the person needed the express permission of the chief executive, and we did find out that it was in contravention with what the constitution, as well as provisions in the Minerals and Mining Act."

Mr. Sam explained that an initial provision in the Bill would have required the Chief Executive of COCOBOD to give express permission even after a person had been granted a mining licence. This provision was found to be inconsistent with the Constitution and the Minerals and Mining Act during Parliament's scrutiny. He argued that mineral deposits are vested in the President under the Constitution, and the relevant minister, acting on that authority, issues mining licences. Requiring additional approval from the COCOBOD Chief Executive would contradict the constitutional framework. The provision was subsequently addressed through Parliament's legislative scrutiny process.