Local miners threaten to sue Govt. over seizure of approved claims

Oct 27, 2023 Court Stories, Features / Columnists, News

---

…say Minister Bharrat indicated area only open for large-scale operations

Kaieteur News – Two Guyanese small-scale miners, Milton Brandford and Ayudhia Narain, are threatening to take legal action against the Government of Guyana (GoG) due to a decision by mining authorities to seize their mining claims.

This action was taken despite their investments and the verification they received from the Guyana Geology and Mines Commission (GGMC). The miners, represented by their lawyer Siand Dhurjon, have penned a letter to Minister of Natural Resources, Vickram Bharrat, and the GGMC, demanding the processing of their 32 claim licenses.

According to the letter dated October 12, seen by this publication, the miners have rightful possession and occupation of the 32 claims, explaining that they initiated prospecting and related work on these claims in April 2023. It was stated that they made significant investments to mobilise heavy equipment, establish camps, and sustain their labour force. These investments were made to meet the requirements for applying for the 32 claim licenses, which they did in June 2023.

According to the letter, the GGMC conducted checks of the claim areas for the applications’ validity, and the miners received notices of verification signed by GGMC Commissioner, Newell Dennisson. One week after receiving these notices, the miners requested that the verifications be completed. A meeting with the Commissioner confirmed the authorisation for verification. This verification process, conducted by GGMC Officer Steve Sharples , was extensive and completed in July 2023.

Despite the successful verification, the GGMC has not published the miners’ claim licenses, and an order to remove them from the claim area was issued on July 19, 2023. Dhurjon argue that, under the law, his clients had the right to work the ground on their claims until a decision was made regarding their licenses.

According to the attorney, his clients understand that at the time there may have been some view harboured by the GGMC that the lands captured under the claims were issued to a third-party. However, he underscored that the Gazette extracts provided by his clients indicated that the lands were abandoned and therefore open for allocation since 2016.

Dhurjon added, “In any event, my clients sought to take steps to ensure the issuance of the 32 claim licences.” To this end, he noted that meetings were held with Minister Vickram Bharrat, Commissioner Newell Dennison and other officers of the Government.

Sometime during early August 2023, Brandford, Narain, joined by their advocate, Freddie Kissoon met with Minister Bharrat, Omkar Lochan of the Minister. According to the letter, during the meeting, the Minister stated that, “The President and Vice President have closed the area for all mining except only for large scale mining.” This was because, the Minister stated, the government came to the decision that ‘it did not want small-scale mining to place in the area, but that a foreign company could come in and take the entire area and mine it.’

Notably, it was stated in the letter that, “The Minister stated that they were willing to give blocks in any closed area’ to my clients and further indicated that ‘the claims will still be available later in future in case no one wants that area’. My clients voiced their dissatisfaction with this position and maintained that they were entitled to the 32 claim licences. At a later meeting between Mr. Bharrat and Mr. Kissoon, which the minister insisted that my clients be absent from, the Minister made an offer to settle the matter with my clients by offering ‘to give’ my clients ‘any 5 of the 32 claims and 3 blocks in any closed area’.”

Dhurjon noted that his clients later learnt of an order made by the Minister dated and published in the Gazette on August 8, 2023, which restricted prospecting or mining within their claims. This order essentially excluded them from mining in an area they believed they had a legitimate claim to.

In response, the miners’ lawyer contends that the order is illegal and against their legitimate expectations. He demands that the 32 claim licenses be processed in favor of Brandford and Narain, the ministerial order be withdrawn, the GGMC’s removal order be rescinded, and no interference with their claim properties or mining rights take place within 10 days. Otherwise, Dhurjon said that he is prepared to initiate administrative proceedings in the Supreme Court to challenge these actions. The miners are standing firm on their rights, insisting on the recognition of their legitimate claims and investments.

---

• Attorney-at-Law, Commissioner of GGMC, Minister of Natural Resources, Newell Dennison, Siand Dhurjon, Vickram Bharrat

---