CUTS International, a leading public policy think‑tank in Accra, has publicly questioned the legality of a GH¢12 per bag clinker demurrage surcharge introduced by the Chamber of Cement Manufacturers, Ghana (COCMAG). The surcharge, announced at an emergency meeting on 28 August 2026, is slated to remain in force until 31 December 2026, with a review scheduled for January 2027.
COCMAG cites rising congestion at Tema Port as the root cause, noting that vessel waiting times have ballooned from an average of seven days in January to between 30 and over 40 days in August 2026. The association estimates that the industry has incurred US$45 million to US$50 million in demurrage costs during the first eight months of the year.
While CUTS acknowledges that manufacturers have a right to recover legitimate costs, the think‑tank argues that the collective agreement on a uniform surcharge is a classic hallmark of cartel behaviour. “When competitors agree on an element of price rather than determine it independently, such conduct bears the classic hallmarks of cartel behaviour,” said Appiah Kusi Adomako, Esq., Director, West Africa Regional Centre of CUTS International.
Adomako pointed out that manufacturers differ in shipping contracts, clinker volumes, vessel arrangements, inventory levels, financing costs, operational efficiencies and demurrage exposure. “There is therefore no economic reason to assume that each manufacturer’s additional cost per bag is identical,” he said. He added that a common surcharge of GH¢12, which includes GH¢10 before tax and GH¢2 in taxes, forces all firms to charge the same amount regardless of their individual cost structures.
The think‑tank compared the situation to airlines, where fuel surcharges vary between carriers based on aircraft type and operating costs. A uniform fuel surcharge would raise serious competition concerns, he noted.
CUTS urges COCMAG to clarify whether the GH¢12 surcharge is a collective decision or merely a recommendation, and whether manufacturers retain the freedom to set their own surcharges. The think‑tank also cautions against using the proposed monthly monitoring and January review to share commercially sensitive information such as future prices, production volumes and individual costs.
Beyond the surcharge issue, CUTS calls on the government and the Ghana Ports and Harbours Authority to address the operational constraints at Tema Port that are driving up demurrage costs, while preserving competition among cement manufacturers.
As the industry grapples with port congestion, the debate over the GH¢12 surcharge highlights the tension between legitimate cost recovery and potential anti‑competitive conduct. The outcome will have implications for both the cement sector and consumer prices in Ghana.
