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 Err.........What Land..........?
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toubab1020



12311 Posts

Posted - 10 Mar 2010 :  13:39:27  Show Profile Send toubab1020 a Private Message
What do we make of this then? is it just a case of bad record keeping?
OR NO records ?
OR incompetence ?
OR has someone made a lot of money ? if the latter is the case then this is obviously what H.E. would call an "economic crime" ( a crime against the economy of The Gambia) will that be investigated? will people be charged? or did the posters of this release not think about opening MAYBE a very large can of worms The time scale for the information to be given appears to be very short "within 25 days from yesterday"

http://observer.gm/africa/gambia/article/provide-information-on-land-acquisition-local-govt-ministry-urges

Wednesday, March 10, 2010
The Ministry of Local Government and Lands has urged individuals who purchased or bought land/assets from the Ministry (excluding lay-outs) from 2005 to date, to provide full information or particulars of those acquisitions or assets to the Ministry within 25 days from yesterday.

According to a press release issued yesterday, persons or anyone who fails to comply within the specified time-frame will have his/her acquisition (s) forfeited/confiscated to the state with immediate effect after the deadline.

Meanwhile, the release added that members of the public are herewith solicited to provide information regarding persons or people who had purchased or bought such land, assets or property in the Greater Banjul, Peri-urban, Western Region and or other parts of the country from the Minister to the permanent secretary, Ministry for Local Government & Lands. "The Ministry hereby solicits the full cooperation of all patriotic citizens who might have vital and credible information to provide or surrender to our office,"the release concluded.


Author: Daily Observer

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Lily

United Kingdom
422 Posts

Posted - 10 Mar 2010 :  13:45:03  Show Profile Send Lily a Private Message
Perhaps I am misunderstanding but this sounds dreadful. Not everyone who has legitamately pourchased land will get this message. Some may not read well. You can't take away something bought on trust, paid for properly! Can someone explain to me WHY the Minsitry would do this? Confiscate people's land from them (or am I not getting the point?)
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toubab1020



12311 Posts

Posted - 10 Mar 2010 :  18:41:30  Show Profile Send toubab1020 a Private Message
Is this topic connected?,


http://www.gambia.dk/forums/topic.asp?TOPIC_ID=8772

is progress being made ?

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou



Denmark
11732 Posts

Posted - 10 Mar 2010 :  20:05:00  Show Profile Send Momodou a Private Message
Something has definitely prompted them to issue this statement. They could have checked their records at the lands office, KMC, BCC and the area councils since 2005 if they are not eaten by the termites.
Toubab, I think perhaps someone made a lot of money which others wants part of.

A clear conscience fears no accusation - proverb from Sierra Leone
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toubab1020



12311 Posts

Posted - 10 Mar 2010 :  22:54:51  Show Profile Send toubab1020 a Private Message
Interesting.....Watch the D.O. for developments in what..... 6 weeks perhaps ? Ahhhhhhhhhh MONEY


"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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jambo



3300 Posts

Posted - 15 Mar 2010 :  17:39:45  Show Profile Send jambo a Private Message
it is not much of a time frame, 3 weeks, I wonder what the issue is behind this notice. it will take a while to filer down to local people.
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Momodou



Denmark
11732 Posts

Posted - 18 Mar 2010 :  18:47:20  Show Profile Send Momodou a Private Message
Local Government and Lands Ministry Speaks on their Warning
By Awa B. Bah


The Permanent Secretary Ministry for Local Government and Lands, Mr Saihou T.M.F. Sanyang, has reacted to questions raised by Foroyaa regarding the public notice the Ministry issued concerning land owners who acquired land from the State from 2005 to date.

According to the Permanent Secretary, it is the responsibility of every government in the world to ensure that they carry out their public functions correctly. He emphasized that the exercise being conducted is not to be seen as a witch hunt. “This is the right thing to do,” he said.
He revealed that he did not know exactly how many land owners have responded. “I will be in a better position to say this at the tail end. But people have been responding positively since the notice was issued,” he added.
When this reporter asked what penalties they hope to impose on land owners who fail to respond to the public notice, he was quick to say, “I’m not a judge. I am only supposed to prepare a report. I cannot determine what to do, all I know is that there is a constitution and it is there to safeguard and protect every person. We cannot tell how people will be dealt with if they faulted and there is a code of conduct for every offence. That will be the responsibility of the judiciary.”
When asked who the members of the Lands Commission are, he said, “The Lands Commission has not yet been established but we are in the process.”

Editorial Note
Mr Sanyang has given us a bit of a relief. The press release of the Ministry has frightened many people who thought that the announcement was going to be followed by unilateral action by the Ministry. The fears were not entirely remote. The press release stated categorically that those who bought land assets from the Ministry for Local Government and Lands from 2005 to date must provide full information of particulars of those acquisitions or assets to the Ministry within 25 days. The Press Release warned that those who fail to comply within the specified time frame will have their acquisitions confiscated. We therefore hope that the Ministry will revisit its press release and utilize a content which speaks the language of the due process of law. Foroyaa will publish its reflection in the next issue as we focus on more closely on Land reform law and practice. We are sure our readers would be flabbergasted and the critical minded would wonder whether the government is really serious about Land administration reform which is going to be our head line.


Source: Foroyaa Online

A clear conscience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
11732 Posts

Posted - 19 Mar 2010 :  21:55:24  Show Profile Send Momodou a Private Message
Foroyaa Editorial : The Land Question No Land Commission for 13 Years
By Publisher on 19-03-10


On March 2010 the Permanent Secretary, Ministry for Local Government and Lands issued a press release indicating that those who bought land assets from the Ministry for Local Government and Lands from 2005 to date must provide full information of particulars of those acquisitions or assets to the Ministry within 25 days. This excludes layouts.

The Press Release warned that those who fail to comply within the specified time frame will have their acquisitions confiscated. People are asked to report their findings to the Ministry.

This warning to confiscate land of those who fail to provide full information of particulars of purchase of land gave the impression the Ministry had the powers of a court. Our interview with the Permanent Secretary did indicate that the Ministry does not have the intention to act with impunity. However, the mere issuing of the threat gives the impression that all is not well with the system of allocating State lands.

It is absolutely essential for those who purchase land these days to be careful. We have endless reports of lands being sold several times to different people.

The Government claims that it has recognised the anomalies connected with the allocation of state lands to the point of supporting the establishment of a Lands Commission to remedy the situation.

A provision was introduced in the 1997 Constitution, 13 years ago, to ensure that the Lands Commission will take charge of Land Administration. The first thing the government did to show that it was not very serious in implementing the provision of the Constitution is to amend it in 2001.

Allow us to indicate what was accepted at a referendum. It reads:
“There shall be established a Lands Commission which shall in coordination with the relevant public agencies and government bodies perform the following functions:
a) On behalf of the Government manage all land vested in the state
b) Process applications for grants of state land and make recommendations thereon to the Secretary of State
c) Process the applications for title deeds from deemed lessees and make recommendations thereon to the Secretary of state for approval
d) Investigate disputes on land ownership and occupation in many areas designed by an Act of the National Assembly
e) Assess land tax and premium for properties within any area designated by an act of the National Assembly
f) Monitor the registration of properties and inspect land registers and records
g) Perform such other functions as the Secretary of State responsible for Land may assign to the Commission

There was supposed to be parliamentary oversight. The members of the Commission were required to submit quarterly report to the National Assembly on the performance of its functions.”

If the Government established the institution in 1997 and made it to function with efficiency and effectiveness, we would not be having the endless court actions we have today regarding Land acquisition. The Government however did not establish the Land Commission envisaged by the Constitution.

Instead, in 2001 it amended the provision of the Constitution and left this thin paragraph:
“There shall be a Lands Commission whose composition, functions and powers shall be prescribed by an Act of the National Assembly.” They removed all the functions and powers agreed upon through a referendum and left them to be blank in the Constitution. They left the future of the Lands Commission to be determined as and when the Government wanted. Hence it took another six years before a bill was introduced and passed to create the Act necessary to make it possible to establish a Lands Commission. The Lands Commission Act did not come into being until 5th October 2007.

The Act is reported to be enacted to provide for the establishment of the Lands Commission to mitigate the problems of Land allocation and improve land administration in the Gambia and for matters connected therewith”
Section 5 establishes the composition of the Commission. It consists of a Chairperson, Four persons of distinguished service and integrity with adequate knowledge and experience in administration in the Gambia and The Director of Land and Surveys who shall act as Secretary to the Commission.

The Chairperson of the Commission shall be a Judge of a superior court in the Gambia.”

The Commission has among others the function to advise the Minister on policy matters relating to land administration to ensure strict adherence to those policies and transparency in land allocations;

It has powers to investigate dispute on land ownership and occupation in any area in the Gambia, assess land rent and premium for properties within any area in the Gambia and perform such other functions as the Minister may assign to them.

What questions the seriousness of the Government in handling the problem of Land is the failure to establish the Lands Commission even though the Act is enacted since 2007.

Foroyaa wants to remind the Government that the best legal instrument for investigating any maladministration in land allocation or acquisition is the Land Commission. The Act is already in place. What is important is to appoint the members and give them the facilities necessary to do their work.


Source: Foroyaa Online

A clear conscience fears no accusation - proverb from Sierra Leone
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