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Momodou
Denmark
11632 Posts |
 Posted - 09 Dec 2010 : 18:46:16
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3 Senior Survey Officials Testify Before the Lands Commission
By Lamin Sanyang
08-12-10
Three senior officials from the Lands and Survey Office, the Director of Lands and Survey, Mr. Malamin Jatta, the Principal Lands Valuation Officer, Mr. Hamidou Jallow, and the Principal Map Production Officer, Mr. Alieu S. Jobe, all testified before the Lands Commission Committee at the High Court in Banjul, Monday 6th December 2010 on the demarcation and allocation of government, private individuals and company lands.
Mr. Hamidou Jallow stood before the Commission and said that he is the Principal Land Valuation Officer at the Department of Lands and Survey under the Ministry of Local Government and Lands. He was asked about his role in the demarcation and allocation of government, private, individual and company lands. He replied that he received applications from the applicants and submits them to the Director of Lands and Survey. He said the final decision is taken by the Ministry of Local Government and Lands.
Mr. Jallow said companies and institutions would write applications and send them to the Department of Physical Planning who would issue a form for the applicants. He said normally before the layout is designed the Department of Physical Planning have to identify the area and send it to the Ministry of Local Government and Lands. He said following the approval the Ministry prepares a form for the applicant.
He was asked who gives the records of allocation letters. He said it is the Department of Lands and Survey. Again he was asked who keeps the records of the lease documents. He answered that they are in the custody of the Registrar. Mr. Jallow told the Commission that the Department of Physical Planning is responsible for the demarcation of lands. He was asked after demarcation whether they have the plans’ records and he answered in the positive.
The next person to testify before the Commission was the Principal Map Production Officer, Mr. Alieu S Jobe. He said that he has worked for the Department for twenty nine (29) years. He was asked about his role in the demarcation and allocation of lands. He said that he did not have a role in that area. He told the Commission that his role as a Principal Map Officer is to receive instructions from the Principal Surveyor to carry out production work. He said they only receive files or written documents from the Principal Surveyor. He said most plans are supervised and signed by the technician and enclosed by the Ministry of Local Government and Lands; the copies are then submitted to the Principal Surveyor who sends them to the Ministry for approval. He said that the Plan entails the name of the applicant, the location, the square meter of the land and the scale of the map.
Mr Jobe said when the Layout is drawn by the Physical Planning Office they are designed and sent to the Director of Lands and Survey who then gives instructions to the Principal Surveyor to organise his team of surveyors to go to the scene and start surveying. They will have to submit the report to the Principal Surveyor for onward transactions. This Map is normally checked by the Principal Surveyor and sent to the Map Survey Office with a written instruction for the finalization of the map. The finalized map is enclosed with the black and white drafting. After the drafting it is sent back to the Principal Surveyor for onward transaction. ‘
He was asked where they normally have their printings. He said that they used to print at their office but now they use the private printing because their machines have problems. He said they used to encounter problems in printing these maps. He was asked which private printing they used and he said that they are using the services of Sonko Jileng Enterprise. Again he was asked at what point the map is approved. He said it is approved when it is released from the Physical Planning to their office.
Mr. Jobe said after the demarcation is done the report is sent back to the Director to check whether everything is okay. He was asked when they stopped printing. He said it was when they left to their old office. He was told that he would be given an escort to collect the approved maps for submission to the Commission.
The next person to testify before the Commission was the Director of Lands and Survey Mr. Malamin Jatta. He was asked when he started working at the Physical Planning. He said he started working in 1983 as a trainee. He was asked when he became the Director of Lands and Survey. He said that he was acting in 2002 and was confirmed in 2003.
The Director of Lands and Survey said since he took office no layout application was submitted to his office. He said just now that they have one in the pipeline which is not yet approved from the President’s Office. He said at the time he took office there was no layout application. He said there was a Task Force that was set up by the then Minister of Local Government and Lands, Mr. Momodou Nai Ceesay, to make inquiries about land problems. When he was removed with other senior officials the Layout application was put aside.
However, he said the withdrawn plots were given to senior government Civil Servants. He said they did not apply but it was the Ministry of Local Government and Lands who gave it to them in 2003. The Director of Lands and Survey told the Commission that during the ‘Task Force’ all the materials and the computers were taken to the NIA office. He said that they were never returned. He said since that time the computers became unusable saying that he did not even have a computer in his office because the one he was supposed to use was with the National Intelligence Agency. He said that was the reason why those who applied for layout during the term of the former Minister, Momodou Nai Ceesay, were not approved.
Mr. Jatta told the commission that during his term they have had the extension of which the demarcation is already completed; that they are waiting for the Minister to approve it. He said due to the high demand of land they want to give it to some senior civil servants. He said Sa Alagie is a transfer for those from Brufut Layout. He said it was reported to Cabinet that the number of plots in Sa Alagie exceeded the Brufut Layout. He said the remaining areas were given to senior civil servants and security personnel. He said a Press Release was sent for those who were allocated in Brufut to come to Lands and Survey to give them plots in Sa Alagie. He said as for the senior civil servants and security personnel the application did not come through their office. He said directives were given that they should give plots to the U-17 football team by the ministry of Sports. He said plots were also given to the National Assembly Members and APRC party militants.
The Director of Lands and Survey continued to testify that the Brufut Layout was already demarcated and allocated in June 2001. But at the time the government was hosting the AU they ended up acquiring the land from the people of Brufut. He explained that it was given to TAF Constructions and that is the place where they built the AU Villas and the Brufut Garden . He said there were some areas owned by individuals and the government said that they should be transferred to Sa Alagie.
He said the identification of this land was done by the Physical Planning. He said once the area is identified by the Physical Planning the plans are normally submitted to the Ministry. The Physical Planning authorities help the Ministry on deciding which layout to choose. Subsequently, the Physical Planning authorities are helping the Ministry for the land issue in the Greater Banjul Area. He said once the layout is drawn the Physical Planning authorities submit it to the Ministry with reports for the Ministry to approve it. He said if the Ministry is satisfied with the document the Minister takes it to Cabinet for approval after which it is communicated to the Ministry saying that “Plan X is approved” and they are to start the demarcation. He said when that comes to his office they start the demarcation and when they finish the process a report is sent to the Ministry informing them about the details.
He said the demarcation of Sa Alagie is completed but because of the delay he received information that some claimants went on to remove corner pillars in some plots that means they have to revisit the area. He said once that is done they will inform the Ministry of those areas with the consultation of the Office of the President. He said there is an Advisory Board at the Office of the President that would advise the Minister. There will be a press release for the individuals to apply.
He said there are two Sa Alagies, the main Sa Alagie and the Extension. He said the Sa Alagie Extension is the one on the drawing board. He explained that the demarcation of the main Sa Alagie was in 2001 and the allocation was in 2005.
He talked about a series of land problems that AMRC is facing especially the issue of Serrekunda-Brikama Highway, the Junction running to the Yarambamba area. He was asked how AMRC had the land. He said that he could not say much about that as it was said to be a government reserve land. He said they had never visited the area.
He was asked how Social Security and Housing Estate acquires lands. He said the Social Security and Housing Estate would apply as a parastatal through the Ministry of Local Government and Lands. He said now they are going out to buy lands from individuals. He said the Ministry has allocated them lands in Jabang, Tujereng and Brikama with the State land areas. He said the Brusubi Housing Estate Phases 1-2 were based on Executive decision to give land to Social Security and Housing Estate.
The Director of Lands and Survey said the compensation of these lands should be paid to the customary owners excluding Jabang and Brusubi Housing Estate. He said because of the huge amount of money to pay for compensation the Ministry’s yearly budget cannot even settle that amount. He said compensation is to be paid to the customary land owners once agreement is done. As for Jabang, he said the area belongs to the late Alagie Yusupha Jobe who was using the place for Agricultural purpose and later changed it to residential. However, during the process there was an agreement that some part should be forfeited to the government. The land allocated to government was given to Social Security and Housing Estate.
He said the Brusubi area marked as Phase 3 was allocated back to the Local Government and Lands for institutional purposes where the Sukuta gardens are. He said the Social Security have lands in other areas that are not within the state lands and cannot tell how they acquired them. He said they are acquiring land cheaply from the government as a grant and making it available to the general public without developing it. This made it difficult for the average civil servant; even the mortgage system makes it harder for them.
While talking about the Gambia Tourism Authority (GTA), he said it is an independent body set up by Parliament. He said an Executive directive came that all that land under the Tourism Development Area should be dealt by the Ministry of Local Government and Lands in 2008. He said the GTA have criteria in applying and acquiring land. He said they also go for residential lands. People who acquire land in the Tourism Development Area for allocation thereby his department would identify a piece of land. He said once demarcation is done they would prepare a lease. The clearance is given by the Tourism authorities to prepare a lease. He said the Ministry and GTA are collaborating to settle those allocated piece of lands within the Tourism Development Area.He was told that all the record, files, sales receipts and other relevant information should be submitted to the commission.
Source: Foroyaa
Related Topics:
http://www.gambia.dk/forums/topic.asp?TOPIC_ID=9673
http://observer.gm/africa/gambia/article/more-revelations-at-the-land-commission
http://observer.gm/africa/gambia/article/director-of-lands-survey-two-others-appear-before-land-commission
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11632 Posts |
Posted - 21 Dec 2010 : 18:44:27
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Physical Planning director testifies at Land Commission
by Sanna Jawara
Tuesday, December 21, 2010
Momodou Colley, director of Physical Planning, Monday December 20th, 2010, testified at the ongoing Commission chaired by Justice Mahoney at the High Court in Banjul.
Colley's evidence covered issues relating to his professional qualifications, and the role of Physical Planning as far as land registration and allocations are concerned. He also gave detailed explanation about the allocation of layouts; demarcation of lands; survey; approval by the minister of Local Government and Lands; the approval of the cabinet; as well as the need for updating of the current master plan of The Gambia.
His evidence came after Malamin Jatta, director of Lands & Survey was recalled to clear some doubts of the Commission members, especially over some of the files with regards to land registration and records, which he was later asked to produce before the Commission despite claiming to be on leave. Issues such as allocation of lands into zone areas for different purposes were also not left out.
Colley said he joined the Department of Physical Planning from 1991 to 1992 and rose to through various ranks to his current position as the director, coupled with series of trainings at both local and international level, especially in the Republic of China on Taiwan and Ghana as well as in Singapore. "I qualified as construction inspector, land surveyor in both quality and construction. I had qualified in three areas of the profession in land management. I studied civil service management at the Management Development Institute (MDI), I studied services in fire, company and technology hierarchy in Singapore. From there, I did a certificate in land process in the Republic of Taiwan," the Physical Planning director explained to the Commission before going further to give a detailed narration about the role of the Physical Planning.
He informed the Commission that he was appointed director of Physical Planning in October 2005 and also explained in detail the role of Physical Planning, among other things. He explained that Physical Planning served as a data bank that is supposed to control the land management system in the country in accordance with relevant provisions. "In the case of land allocations, letters normally go to the Ministry for approval and the approvals were sent to the Department of Lands and Survey in the form of a file. The physical planning normally scout for land, prepare a sketch plan of the land in question, write on the letter the sketch planned and send it to the Department of Lands and Survey with our recommendations, then the file will be sent to the Ministry for cabinet's approval. This is one form of our job, but when for example the Government wants to prepare a layout, the ministry will send in a request to the Department of Lands and Survey, where the Department of Physical Planning will be informed to draft a sketch plan and send it to the ministry for approval," he said.
He further explained that the approved sketch plann is usually sent back to the Department of Lands and Survey for final preparation through the permanent secretary at the Ministry of Local Government and Lands. Mr Colley repeated similar evidences regarding the allocation and demarcation of lands in the country, after the approval by both the Ministry of Local Government and Lands and the Cabinet. He said the Lands and Survey Department upon receiving the approved plan will proceeded onto demarcation and allocation in collaboration with the Department of Physical Planning. He went further to point out that the difference between marking of the plots and that of the planned map are not much.
He continued: "The accuracy on the sketch plan are not that high, but the surveyors accuracy are expected to be a little bit higher. In essence after the cabinet's approval, the Department of Physical Planning hardly has any hand in allocation and demarcation; those are the responsibilities of the Lands and Survey department. However, the Physical Planning does have a hand in comparing what is actually tenable on the planned map and the surveyed land. We do adjustments where we feel the need to do so, before it’s sent to the cabinet for approval."
The Gambia's master plan
Momodou Colley, as part of his evidence before the commission, gave a brief historical overview of The Gambia's Plan from 40-50 years ago to date and the need to have it changed and updated to stand the test of time as expected of any master plan of a country like The Gambia. He explained that the country is divided into zone areas for different purposes such as residential zone, agriculture zone, commercial zone, industrial zone, mode lands and misused lands. He further commented that the physical planning comes in for example where people applied for industrial land and they failed to do as indicated in their applications. "The physical planning did not recommend allocation of lands that falls under for example agricultural or industrial purposes. Every land is allocated according to its use as mentioned earlier in their various zones. The development process starts from the zoning areas," he said.
Further commenting on the zoning areas in line with development programmes for the country, Momodou Colley said that investors who applied for land are issued with industrial permit and this condition made it impossible for the Department of Physical Planning to allow allocation of lands to unpermissible areas in-line with the spirit of zoning areas. He said the unfortunate realty is that some applicants will comply with the terms and conditions of the zoning areas but upon allocation of land to them, they use it for something totally different, and so physical planning has to monitor the use of permitted zone areas.
However, the country's master plan is very sad, because it’s outdated, obsolete and out of time bound that needs to be changed to suit the current trend of affairs. The master plan is now about 40-50 years and it has to be changed and the system has to move. This is so because issues such as the change of use, and customary change among other things are not captured in it. He seized that opportunity to explain in detail what was meant by customary change. According to him, the change of use is when people do apply for land for a specific purpose, but later changed their use to another one instead of what is indicated in their application and the Government of The Gambia upon realising that people seek lands for reservation brought about the need for an effective and efficient monitoring in land administration in the country. A change of used fee is payable for each land at certain percentage.
When asked as to how the said change of master plan could be achieved by the chairman of the Land Commission, the Physical Planning said the change could depend on recommendations from stakeholders, that is the Gambian people, especially the ministry of Local Government, Department of Physical Planning, Department of Lands and Survey to that effect cognizant of their role in land administration in the country.
The layouts
Momodou Colley laid evidence about the process of allocation of layouts with reference to the role of the Department of Physical Planning. According to him, the Department of Physical Planning do receive a proposal for drafting of a layout with number of plots, but after the survey the number of plots are often more than the number on the planned. This realty is due to drafting on a paper and the physical demarcation of plots on the land. He added that in each of the layouts, social amenities such as health facilities, football lawns, and entertainment centers are provided. "Anytime the Government of The Gambia looks for a layout, it may fall under one of the zoning areas as mentioned earlier, but the Government has to change its use for these lands in order to suit the purpose for which its demanded," the Physical Planning director concluded. He was asked to report today in order to have a look at some of the files and maps that were supposed to be produced at the Commission for perusal.
Malamin Jatta, director of Lands and Survey
Malamin Jatta was the first person to testify at the Commission yesterday, when he was recalled to give evidence pertaining to some issues relating to land registration and allocation in the country. He was asked to produce about four to five files in his custody as the director of Lands and Survey. He was accompanied by a plainclothes officer to his office despite claiming to be on a leave at the time. "My lord, despite I am currently on a leave, If I am asked to go to the office for production of the said files I will do so. However, before going on leave, I handed over everything to the permanent secretary including the keys to my office," Jatta explained.
He was later given the authority by the Commission to go with the said security to retrieve the files. However, they later returned without any file in their possession, saying the keys were with the secretary who promised to deliver them as soon as possible. Jatta then promised to bring the files today before the Commission and his proposal was accepted by the Commission members. However, he at first informed the Commission among other things, that areas of allocated lands that were not developed could be recovered, but in actual sense, those lands are usually leased and visiting of leased registration are done at the AG Chambers, where leasing is done based on the maps. He acknowledged that reference are made to the Physical Planning and once it is approved by the Cabinet and the Ministry, it is sent back to lands and survey for demarcation and allocation.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11632 Posts |
Posted - 24 Dec 2010 : 18:15:29
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AMRC boss appears before Land Commission
by Sheriff Janko
Friday, December 24, 2010
Abdoulie Tamba, the managing director of the Assets Management and Recovery Corporation (AMRC) Thursday testified before the Land Commission presided over by Justice Basirou Mahoney, at the Banjul High Court.
MD Tamba narrated in detail his previous work, land acquisitions, sales of land and some other important issues pertaining to AMRC in connection to the Ministry of Lands among others. In his testimony, Tamba told the Commission that he joined the AMRC in 1993 and that he holds a masters degree in Business Administration from the University of Leicester in the UK.
He told the Commission that before joining the AMRC, he previously worked for the International Trypanosomiasis Centre (ITC). He disclosed that AMRC was enacted by an act of parliament in 1992, to manage the assets and liabilities of the Gambia Commercial and Development Bank (GCDB). "In 1998, forfeited properties from the various commissions where transfered to AMRC to manage," he stated. The AMRC boss further stated that they acquired three areas which include GCDB-mortgaged foreclosures, forfeited properties from the various commissions as well as debt remissions.
He told the Commision that sales of lands are based on public tender in which they accept the highest bidder and that successful bidders are asked to pay within 14 days. He explained that lands are demarcated according to their sizes and that the demarcated plots are valued on a procedure based on tender. Tamba further explained that the sales committee comprises of board members and includes the chairman of the committee, director of operations, director of finance of administrations, as well as senior managers within the operations department. "The sales committees will then sit and review to select the highest bidder in each plot and how many are there," he added.
According to him, successful bidders are usually advised to pay through the banks and after payment, the department will notify them to prepare the signings. "AMRC normally banks with Trust Bank, Ecobank, Bank PHB, Islamic Bank as well as the Oceanic Bank. These are all banks where customers can pay through," he added. Tamba made it categorically clear that AMRC is directly under the Ministry of Finance and that they only work with the Ministry of Local Government and Lands when the need arises pertaining to land issues.
He said that AMRC usually asks the ministry to compensate the individual in the event the wrong land has been allocated to someone. He further disclosed that between the years 2005-2010 AMRC sold many lands to individuals which included the ones located in Farato foreclosures, Sinchu Alagie and Old Yundum which are all forfeited properties. He stated that Lamin, Kerewan and Bijilo are debt remissions but was quick to point out that part of the Farato and Bijilo plots were leased, while Yundum, Sinchu Alagie were not leased. He equally mentioned that the mode of payments for their lands is outright payment or payment within the same year.
At that juncture, the Land Commission chair, Justice Basirou Mahoney told the AMRC boss that he might be called to court if the need arises. The day's sitting was wrapped-up with the officials of the Gambia Tourism Authority (GTA) represented by its finance director, Ousman Senghore. Senghore was later referred to Tuesday 28th 2010, to enable his boss appear before the Commission.
Source: The Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11632 Posts |
Posted - 29 Dec 2010 : 18:33:19
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SSHFC Managing Director Testifies Before Lands Commission
By Lamin Sanyang
29-12-10
The Managing Director of Social Security and Housing Corporation (SSHFC) Mr. Edward Graham testifies before the lands Commission at the High Court in Banjul Tuesday 28th December 2010, on the allocation and demarcation of government, private individual and Company lands.
Mr. Graham told the Commission that he is the Managing Director of SSHFC. He said he has worked there for 27 years. He was asked when he became the managing Director. He said he was acting for 2 years and was appointed last October 2010. He also talks about the various positions that he held before he became the Managing Director. He was asked about his qualifications; Mr. Graham told the Commission that he has obtained Fellow Chartered Institute Management Accounting FCMA, Fellow Chartered Institute Management FCMI and Masters in Business Administration, Finance MBA in the United Kingdom.
He was asked to tell the Commission how SSHFC acquires lands. He said the primary source is that they acquire lands from the government. At times they acquire it from estate owners; that they would develop the land to get a percentage. He said during allocation they would put water, electricity and road facilities. After that they would start the allocation process.
He was asked whether before allocation they would demarcate the area. He answered in the positive and said that they would decide on the various plot sizes.
Asked how they would allocate layouts. He said they would involve NAWEC, GAMTEL in the installation of water, electricity, telephone and other facilities. He was again asked how they survey a land. He said they have their own qualified Surveyors who have been working 20 years at their office but they would always liaise with the lands and Survey. He was asked about the allocation procedures; he said that they have Forms that they advertise and would state the criteria on them. He said interested persons would buy the forms and filled it. He said SSHFC would screen the filled forms and that there are two criterias that they put into consideration, i.e. Affordability and Need. He said then they would invite those short listed to an interview. The interview would be done by a board of panels. After the interview each panelist would make their marks.
MD Graham said those who passed the interview would be given an offer letter that would enable them to make payment. He said they would submit the pay slip to the SSHFC office and allocation letter would be given to them. He said at that time they would be asked to go for the physical identification but those people who were offered in Lands Office are not qualified.
Asked to elaborate more on the issue of Affordability and Need in giving out plots; he said in terms of Need, they would take the circumstances surrounding the person like the one who is married and has children would be given preference than say a single person. As for Affordability, he said they would check the person’s monthly earnings and expenditures to see whether the affordability is there that would qualify him/her.
He was asked about the method of payment. He told the Commission that interested persons would make payments through their accounts and come with the pay slips. He was asked whether that is the only way of making payment. He said payment can also be done directly. He was asked about those who would claim for compensation. He said they would ask them to go to the Lands Office. He said usually when they made claims to the government, the Lands Office would send their men to assess the land and estimate the compensation to settle it. He was asked whether people are satisfactorily compensated. He said they avoid dealing with them directly instead they would refer them to the Lands Office who issued to them the leased documents.
He was asked about the number of estates that were allocated from 2005-2010. He said it was 3 estates that were allocated; that they are Tujereng, Jabang and Brikama. He said they have already allocated and demarcated them and at the moment they are on the process of identification. He was asked whether they also deal with private individuals and he answered in the positive.
Source: Foroyaa |
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