The Review of Mining Laws and the Renegotiation of Mining Agreements in Africa: Recent Developments from Ghana
Within the last decade, the global mining industry has witnessed a surge in the price of minerals, particularly gold. As a result, several African countries have reviewed or launched the review of their mining contracts, revised their fiscal regimes and taken measures to enhance beneficiation or government take. But there is growing evidence that high commodity prices may no longer be driving the trend toward a revision of mining laws or contractual terms in Africa. As a view into the evolving policy debate, this article discusses the imposition of new taxes and the renegotiation of mining agreements in Ghana. It examines the impact of recent changes to the fiscal regime vis-a-vis the protection which Ghana’s mining law offers against the risks and uncertainties that foreign investors face in mineral resource development. The article concludes that, while Ghana’s recent regulatory reform efforts are commendable, they fall short of achieving their desired results.