Ghana Chamber of Mines: Minerals Bill 2026 Clarifies State Special Share Power

• The Ghana Chamber of Mines challenged a Reuters report on October 7, 2026, regarding the proposed Minerals and Mining Bill 2026.
• The Chamber stated the report lacked sufficient legal context on the state's special-share power and mining lease durations.
• It clarified that the special-share power is not new, but already exists under Section 60 of the Minerals and Mining Act, 2006 (Act 703).
• This existing law grants the Minister authority to require a mining company to issue a special share to the Republic for no consideration.
• The Chamber's action aimed to ensure accurate understanding of legislative developments in Ghana's mining sector.

Legal professionals advising mining companies in Ghana should note that the state's special-share power is an existing provision under Section 60 of the Minerals and Mining Act, 2006 (Act 703), not a novel introduction by the proposed 2026 Bill.

The Ghana Chamber of Mines recently issued a formal rejoinder, dated October 7, 2026, to address what it described as a lack of comprehensive legal and policy context in a Reuters report concerning the proposed Minerals and Mining Bill 2026. The Chamber's response specifically targeted a Reuters article published on September 30, titled “Ghana bill would give state special share rights in mining firms, draft shows,” asserting that the report failed to adequately clarify existing provisions within Ghanaian law.

The core of the Chamber's contention revolved around two critical aspects of mining regulation: the state’s special-share power and the established duration of mining leases. The industry body argued that the Reuters coverage presented certain elements of the upcoming Minerals and Mining Bill 2026 as novel introductions, when in fact, they are already enshrined in the nation's legal framework. This clarification is crucial for stakeholders and investors monitoring legislative developments in Ghana's vital mining sector.

A central point of the Ghana Chamber of Mines' rejoinder was to underscore that the state's special-share power is not a new concept being introduced by the Minerals and Mining Bill 2026. Instead, this authority is a pre-existing provision within the country's legal statutes. Specifically, Section 60 of the Minerals and Mining Act, 2006 (Act 703) already empowers the Minister responsible for mines to mandate the issuance of a special share to the Republic.

Under the terms of this established legislation, the Minister can, through a written notice, require any mining company operating within Ghana to issue a special share to the Republic. Crucially, this share is to be issued without any consideration, meaning the state does not have to pay for it. This detail highlights that the power for the state to hold a special interest in mining firms is a long-standing feature of Ghana's regulatory environment, rather than an innovation proposed by the new Minerals and Mining Bill 2026 Ghana. Legal professionals advising mining companies in Ghana should note that the state's special-share power is an existing provision under Section 60 of the Minerals and Mining Act, 2006 (Act 703), not a novel introduction by the proposed 2026 Bill.

The clarification provided by the Ghana Chamber of Mines carries significant weight for the future of the nation's mining industry and the interpretation of the Minerals and Mining Bill 2026. By correcting the narrative around the state's special-share power, the Chamber aims to ensure that discussions surrounding the new legislation are grounded in an accurate understanding of Ghana's existing legal landscape. While the special-share power is confirmed as an ongoing provision, the broader Minerals and Mining Bill 2026 Ghana is still expected to introduce other substantive changes that could impact operations, including aspects related to Ghana mining lease duration.

The Chamber's proactive stance, through its rejoinder, emphasizes the importance of precise reporting and thorough contextualization when discussing legislative reforms. For companies and investors, understanding which provisions are new and which are merely being carried over or refined in the Minerals and Mining Bill 2026 is vital for strategic planning and risk assessment. This incident underscores the necessity for all stakeholders to meticulously review the final text of the Minerals and Mining Bill 2026 to identify any other substantive changes that may be proposed beyond the already established powers.

Lawyers advising mining companies in Ghana should note that the state's special-share power is an existing provision under Section 60 of the Minerals and Mining Act, 2006 (Act 703), not a novel introduction by the proposed 2026 Bill. This clarifies a potential misinterpretation and underscores the importance of closely monitoring the final text of the Minerals and Mining Bill 2026 for other substantive changes.

Source: Reporting based on Ghana Chamber of Mines statements.