By Seth Eyiah
An exploratory study by WACAM, a mining advocacy NGO, has disclosed that the Minerals and Mining (Explosives) Law 2012, LI 2177, has adequate provisions for the safe transportation of explosives. However, the regulations failed to provide for strict liability for the cost of an explosion arising from the failure of a company to comply with the regulations.
The law, the report said, also failed to provide procedures upon which a person injured as a result of the explosion can claim compensation from the company through whose negligence caused the explosion.
The study, therefore, recommended that LI 2177 should be reviewed to include a provision for strict liability for a company that failed to adhere to the provisions of the regulations resulting in an explosion that cause injury to people such as the Appiatse case. The LI 2177 should also include procedures upon which persons injured as a result of the explosion can claim compensation.
It also recommended that persons injured as a result of the explosion take action(s) in
court to claim damages for the negligence of the company for the injuries they sustain as a result of the explosion.
Dr. Emmanuel Tenkorang is the Lead Researcher and Lecturer at the University of Cape Coast.
He revealed that the Appiatse community members are also looking up to the State to provide them with some money to enable them to start some business and livelihood activities after they have been resettled in their newly constructed town.
The Executive Director of WACAM, Daniel Owusu-Koranteng said the challenges facing the people of Appiatse are enormous and will require comprehensive measures to address them.
He said, “the six million dollar fine imposed on Maxam is woefully inadequate.”
