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Momodou
Denmark
11742 Posts |
 Posted - 04 Jan 2011 : 13:21:00
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Six testify at the lands commision
By Sanna Jawara
A total of six different complainants representing various communities and interests Monday gave their evidences and tendered various documents of possession before the ongoing Lands Commission chaired by Justice Mahoney at the High Court in Banjul.
Babuboucarr Senghore, Momodou Morrow Bojang, Marry Coka, Miss Phillot, Modou Bojang and Andria Sheru were accompanied by their own groups who took turns in mounting the witness box to give evidence amidst tendering of series of documents for possession in connection to the lands in question. Such evidences covered the Sanlagie Layout, where the Kenebaring Kabilo claimed traditional ownership of farmlands belonging to their grandparents leading to subsequent seizure and demarcation by the Department of Lands and Physical Planning respectively.
Modou Morrow Bojang
Testifying on behalf of the communities of Kunkujang and Tujereng, Modou Morrow Bojang stated among other things that they had certain lands located around Sukuta which were very good. He recalled that six years ago when he saw one Gibby Jallow and some people working on the said lands, he asked Gibby Jallow what they were doing on the land, and the latter replied that the head chief of Kombo North, Eric Tundeh Janneh said the land belongs to the people of Jabang Village. Modou Morrow Bojang said Gibby Jallow also told him that the chief said that the land is the property of the people of Janbang instead of the Kenebaring Kabilo in Kunkujang.
"This explanation prompted us (Kenebaring Kabilo) to contact the alkalo of Sukuta, who confirmed that the land in question indeed belongs to the Kenebaring Kabilo. We then went further to contact Chief Eric Tundeh Janneh, who announced to the hearing of Sukuta alkalo and all those present that he (Chief Tundeh Janneh) was given the power by the president of the Republic, Yahya Jammeh to seize the said land. After further investigations into the matter, we were later invited to the Office of the President where we were told that we will be compensated for the said land," Modou Morrow Bojang explained to the Commission.
Still adducing his evidence before the Commission, Morrow Bojang recalled being invited by the vice president, Dr Aja Isatou Njie Saidy. He said the VP commended them for responding to her invitation and that they asked as to who were the actual owners of the lands in question. "I explained in the Office of the Vice President that the Kenebaring Kabilo owns the lands in question and I further explained that three pieces of lands within the said area belongs to the Kenebaring Kabilo," he stated. He said that when he further pressed the issue in his investigation, he was told that the said land was in dispute, and as such the government decided to seize it. He insisted that Physical Planning officers were part of those who seized the land.
"I wrote series of letters in connection to the land including the office of the president, the commissioner's office among others. I went to the commissioner's office to discuss the issue, he told me to wait and upon arrival of the chief, the commissioner asked me to leave on the promise that he will discuss the matter with the chief and he will relay to me whatever they agreed on, but nothing was relayed to me. The commissioner later informed me that the chief said he received instruction for seizing the land," Morrow Bojang stated and went on to reveal that some time later he saw both the chief and Manlafi Jarju, the then minister of Local Government and Lands inspecting the said land.
He said when he attempted to approach the chief and Manlafi Jarju, they both went into their vehicle and left. He further said that on several occasions he went to the office of Manlafi Jarju, but he was unable to have access to him, and the chief later informed him that the minister and the chief were inspecting the land. Still commenting on the land issue, Bojang revealed that he at one time met one Kebba Ceesay the then director of Physical Planning and asked him as to why his officers were demarcating the land in question.
He continued: "I asked Kebba Ceesay as to whether its possible for his men to demarcate our own land without our consent, but Ceesay instructed me not to tell him such any more on the ground that the said land was a subject of land dispute and as such the government seized the land. I further complained that demarcation of our farm land is not fair as we are having many family members who depend on farming as a means of survival. We later received an NIA officer called Captain Saine for inquiries into the land issue. We inspected the land with him and the NIA officer asked me to report to his office. Few days later we received a man called Saikou Sanyang from Ministry of Local Government, who confronted me with a copy of one of the letters I wrote and he asked me as to whether I was fighting for my land or the land of others. I replied that I was fighting for my land. I insisted that the land belongs to my family through our grandparents, but Saikou Sanyang insisted that the land was a subject of dispute as such the Government seized it."
According to Bojang, this response from Mr Saikou Sanyang prompted him to ask which government gave the order for the land to be seized and Saikou replied by saying which government is in power? The witness further recalled writing a letter to the Office of the President protesting over what he called illegal demarcation of their farmlands without notice. "We were later called to the Office of the President where we were received by one Ebrima Sama Corr and we were asked about the actual owners of the land, we replied that the land belongs to us; at that juncture the officers told us to take it easy over the land issue," Bojang explained.
When asked by the Commission chairman as to what step he took, he replied that they waited for a while and later wrote again to the Office of the President and a police officer was instructed to inspect the land and also interview people about the land. "After that some time later I went back to the office of Physical Planning and asked Mr Ceesay about the matter, he promised to investigate it and get back to me through telephone, but he was never contacted," he added. The witness finally informed the commission that when he and his people heard about the existence of the Lands Commission, they decided to contact the Commission as part of efforts to redress or resolve the matter.
When asked where Sanlagie Layout is located, he replied that its way ahead of Tanji Village in Kombo South. Further asked by the Commission as to whether he received any form of compensation as promised in a letter sent to him, Bojang replied in the negative saying he never got any compensation for the said lands. He was then given a map to identify the three pieces of lands he is complaining about, and he identified the areas of land in the map. The witness also said the Physical Planning officers told him that they have a right to acquire lands anywhere in the country if the need arises. Justice Mahoney then asked the witness as to why only his lands were seized and not others, and he replied that other lands were seized in the affected area. The witness then produced a bunch of documents and showed them to the commission. He was later asked to make a photo of each and submit them to the commission, and he did so with the help of his group.
Andrea Sheru
Andrea Sheru, a Chinese national also gave a detailed narration of the land dispute she was entangled in with the AMRC and one Mass Kah coupled with series of legal battles at both Brikama Magistrates Court and the High Court in Banjul. She said she's been residing in The Gambia for a long time and sees no reason why she should be deprived of her landed property located in Bijilo, Kombo North of the West Coast Region, which was bought in 1993 from one Modou Sowe. When asked if she developed anything on the said land, she replied in the affirmative, saying she built a watchman house on the plot and had a watchman stay there in the year 2001-2002. She said she received a complaint from the watchman that part of the fence collapsed due to a strong wind. She told the Commission that what really happened was that the AMRC were at work and they were responsible for the collapsed fence.
"I recalled being summoned by the AMRC in court. The AMRC case and another case I was involved in with another man were both going on at the same time, one of the case was in Brikama and the other in the Court. I discovered that the AMRC had seized the land of Mr Mass Kah and I was having two different plots in the said land, which were in different square meters such as 45, 92, 51 and 72 meters," she stated. She acknowledged that the AMRC sold the property of Mr Mass Kah for the sum of D250,000 and these lands were prime lands. She further acknowledged that her lands were surveyed in the year 2001.
When asked by the commission as to whether the sale of Mass Kah's properties by the AMRC in 2001 was advertised, she replied in the negative. Sheru said she did not have access to her properties since they were seized and sold by the AMRC. She insisted that the land has been developed with a fence and a watchman house was built there with a watchman currently living there. Asked who brought the watchman there, she replied that it was the man who bought the place from the AMRC. She acknowledged having a sketch plan of her lands and produced the document to the Commission for inspection. After identifying her land in the sketch plan, she informed the Commission that she went to the Department of Physical Planning where she was told that the said land belongs to the AMRC.
Andrea disclosed that one Sanna Sambou was taking care of her lands; and that Borry Touray was her counsel in the legal suit she was involved in with the AMRC. She then produced the legal suit document for the Commission to take note of the suit number as requested by the. She further produced a document indicating the sale of Mass Kah's land by the AMRC, but the Commission members after a few minutes perusal said they had those documents in their possession, hence they returned the papers to her. Asked if she knows what happened in the area where AMRC sold lands, she responded that people have been complaining about the sale of their lands by the AMRC, she finally presented a bunch of documents to the commission she left the witness box.
Baboucarr Senghore
Baboucarr Senghore also informed the Lands Commission among other things that he was allocated a land in the year 2001 in Kotu South Layout and he obtained his leased documents and building papers. According to Mr Senghore he started constructing a storey building on the said land, but somebody came and approached him by claiming ownership of the land. He added that at this point in time the storey building is almost completed and he preferred not to respond to the person claiming ownership and instead come to the Land Commission to address the issue. Baboucarr Senghore also produced several documents to show ownership of the land in question and the Commission went through them for verification.
Marry Coka
Marry Coka, giving her evidence at the Commission said among other things, that she bought a plot of land in Sanyang Village, Kombo South of the West Coast Region. According to her, immediately she started fencing the land, the Department of Physical Planning approached her and asked her to stop the fencing work on the ground that the said land disputed, hence the need for the state to seize it. "The physical planning officers told me to stop fencing my land with all immediate effect. They told me that my land is a subject of dispute and hence the need for the state to seize it. I reported the matter to the district tribunal and the tribunal urged me to go ahead with my fencing. The district tribunal said I am the rightful owner of the land," Miss Coka explained to the Commission. She said that moments after this unfortunate encounter, she attempted to get the land leased but to no avail, as she kept on moving from Banjul to Brikama offices without success. She then produced a bunch of documents indicating ownership of the land in question.
Miss Phillot
Miss Phillot also took her turn to narrate what she encountered. According to her, sometime in 2008, she bought a piece of land on behalf of her sister at old Yundum in Kombo North of the West Coast Region. She said that though she has all the title deeds and everything indicating her ownership of the land, she has been following the land over two years without access to it. "This frustration led me to approach the AMRC for my money to be refunded. I went to the AMRC requesting for them to refund me, but instead the AMRC referred me to one Alhaji Suku Singhateh. I refused to go to this Alhaji Suku Singhateh because I bought the land from AMRC, hence I have seen no need to go to Alhaji Suku Singhateh," Phillot explained to the Commission.
Abdoulie Bojang from Nemasu Layout
Abdoulie Bojang also gave evidence before the Lands Commission on behalf of his Kabilo in Nemasu Layout. He informed the Commission among other things that when the said layout was demarcated, he wrote several letters since the year 2009 and they were promised compensation, but such never happened. He said: "I could recall the time when the Nemasu Layout was demarcated, people of the affected areas were promised a compensation, but such has never happened up to date. I personally wrote series of letters since 2009, at one time we were promised compensation and we were once called for compensation within the layout, but nothing was done. The lands in that area were allocated by the then director of physical planning."
Further adducing his evidence, Abdoulie Bojang, revealed that in the course of the demarcation, one of his brother was in the process of developing his land by building structures there, but unfortunately for him, demarcators went ahead to seize his land and demarcated it alongside the stones and sand heaps dumped on the ground. To support his evidence, Bojang tendered the documents showing ownership and structures of the said land to the Commission for perusal.
Source: Daily Observer
Related topic:
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 04 Jan 2011 : 17:22:20
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I can see that this is a matter full of inconsistances and complications and is very likly to drag on for many months I suspect that any conclusion reached will not please everyone,corruption appears to have taken place with many untruths being uttered at the times of sale or transfer.There appears to have been no progress made at all in making the sale or purchace of land similar to other countries were government issued papers are what matters,will this ever be addressed in the future ? I have my doubts as many appear to be making very good money by ripping people off,if local gossip is to be believed.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11742 Posts |
Posted - 05 Jan 2011 : 19:11:45
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Toubab, this case is interesting! Lets see how the theater ends.
Below is Foroyaa's reporting of the same case.
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More Complainants Testify Before Lands Commission
By Lamin Sanyang
05-01-11
Many complainants have appeared at the High Court in Banjul to testify before the Lands Commission on the allocation and demarcation of government, private, individuals and Company land, on Monday 3rd January 2011.
Mr. Momodou Bojang told the Commission he is from Kunkujang in the Kombo North District. He was asked whether he is complaining on behalf of the community of kunkujang. He answered in the positive. He was told that he once said he saw people working at their farmlands. He answered in the positive. He was asked whether he can remember the year. He said he cannot remember the exact year but said it is almost six years. He was again asked the number of lands they are complaining. He said they are complaining for two places Tanjiring and Kenebaring. He was asked whether these two lands are at the same place. He said it is at the same area but there is a plot in between them. He was asked about the name of the Kabilo. He said it is called Kenebaring.
Mr. Bojang was asked whether the person he found working at their farmland was Mr. Gibou Jallow. He answered in the positive. He said Gibou Jallow told him that he got the land from the Chief of Kombo North, Mr. Eric Janneh. He was asked whether he found out from the chief. He said the chief told him that he was the one who gave Gibou Jallow the plot because the President of the Republic gave him the instruction. He said he went to the Alkalo to explain to him about what the chief told him. He said the Alkalo then invited the Chief and Gibou Jallow to discuss the issue. He said the Chief told the Alkalo that he had given the plot to Gibou Jallow somewhere and not at Kenebaring. The chief was told the area belongs to Kenebaring.
He was asked whether the land was given back to them. He answered in the negative saying the chief said he would not give back the land because it was the President of the Republic who gave the order. He said he proceeded to the Commissioner Western Region. He said the Commissioner gave him a letter to take it to the Chief and told him that he would call him after talking to the Chief. He said he was called and the Commissioner said the chief told him that the land was allocated by the government.
The complainant said after the incident, the Chief, the Commissioner and the Former Minister of Local Government and lands visited the site. He said he was informed by his younger brother and that was the time they too went to the place. “The moment they arrived these people started to disperse in their vehicles and left the scene”, he said. He added that they later realized that Physical Planning has put their pegs at the sites. He contacted the Physical Planning Director Mr. Kebba Ceesay and informed him that he saw some people at their farmlands. “The Director told me that there is a dispute at the said land and the President of the Republic instructed them to seize it” Said Bojang. He said he asked the Director which people are disputing about the land. He said the Director told him Jarju Kunda and Bojang Kunda families. He said he asked the Director how was it possible that there was a dispute at their farmlands without their knowledge? He said the director said he was told that government has seized the lands and he Bojang should not to go back to their office again. He said that was the time they the family wrote to the Office of the President requesting for their lands as many families are depending on these lands.
He was asked what response was given to them. He said one NIA official Captain Saine was sent to inspect the lands. He said Captain Saine told his colleague to draw a sketch plan and take it to their office. He said then the Deputy Permanent secretary of Local government and Lands Mr. Saikou Sanyang came with a letter asking them whether they are fighting for somebody’s land or their own. He said he told the Deputy Permanent secretary that the land belongs to their grandfathers.
The Complainant said they wrote to the Office of the President for the second time. He said this time they were called at the State House. He said the Alkalo told them that the said lands belong to the Kenebaring Kabilo. He said they were adviced by the officials to take things easy; that they would settle the problem. He said they waited for a long time and up to today there was no response. He said they decided to write for the 3rd time and this time the Office of the President instructed the Brusubi Police Station to go to the lands and inspect it. He said the Police have inspected the size and took their contacts but they were never called.
He said he then went to the Physical Planning to complain why their lands were seized from them and demarcated to other people but he found a new director. The new Director Mr. Colley, he said, told him that he is new in office but would try to investigate. He said the new Director gave his contact numbers to him. He said they were waiting until they heard about the lands Commission.
He said they were also called at the Office of the Vice President and were questioned about the said farmlands. He said they explained everything to the Vice President who commended them as good citizens and promised to settle the problem. He said the V.P asked the former Physical Planning Director when he would handle the problem. He said the Director said he would settle the problem within a week but said the V.P told the director that she gave him two weeks to settle the problem.
He was asked whether before the meeting with the V.P they had received the compensation letter. He answered in the negative. He was asked whether he knows the people allocated to their lands. He answered in the negative. He said at one of the places he saw the Physical Planning officials who told him that it is the right of Physical Planning that whenever a land is demarcated the Physical planning should have their share. He told the commission that these are the only lands they’ve got. He was asked to copy the documents and submit them to the Commission.
The next complainant to appear before the Commission was Madam Philot. She said she was complaining on behalf of her sister. She said they bought a piece of land from AMRC at Old Yundum in 2008. She said the land was bought with an amount of one hundred and twenty-five thousand dalasis. She was asked how they made the payment. She said it was in cash. She was asked where payment was done. She said at the AMRC. She was asked whether she was given a receipt. She answered in the positive. She was asked whether she has a copy of the sketch plan. She answered in the positive.
Madam Philot was asked whether she did not have access to the land. She answered in the negative. She was again asked whether she can identify the land. She answered in the positive. She was asked when she last saw the land. She said it was sometime 2008. She said she went to the AMRC to get the money. She was asked what happens. She said the AMRC have referred her to the Lands office.
She was told to photocopy the sketch plan and the letter given to her at AMRC to submit them to the Commission.
The third complainant to appear before the Commission was Mr. Babucarr Senghore. He said he got a plot of land at Kotu South and he is constructing a storey building. He was asked whether the place was fenced. He answered in the positive. He said he started the building in the year 2002. He was asked whether he finished the building. He said it is at the verge of finishing. He was asked what had happened. He said while he was doing construction somebody came to claim for the land. He said he told the person that the place belongs to him. He said he later saw his name on the newspapers that he should go to court with the Attorney General Chambers. He was asked whether he went to the court. He said he contacted the AG Chambers but was told they would contact him when needed.
The complainant said he went to the lands office and was informed that this man was the 4th person to claim the land. He said the lands office adviced him to proceed with the building. He said still he is encountering problems. He was asked whether he knows the court number that he was supposed to appear. At this juncture he was told find out from the papers and bring it to the Commission.
Mr. Abdoulie Bojang, the 4th complainant before the lands Commission said he was allocated land at Nema Su. He was asked whether he was allocated to the layout. He answered in the positive saying, several years ago. He was asked whether he is complaining on behalf of himself and the family. He answered in the positive. He was asked whether they are looking for compensation within the layout. He answered in the positive. He was asked whether they have any response. He answered in the negative. He was asked when they were not given any plot within the layout, what did they do about it? He said they wrote to lands office but did not get any reply. He was asked when they last contacted the office. He said he cannot remember the time but the Director at the time was one Mr. Kebba Ceesay who told them that he thinks there would be some form of compensation for them.
He said they have taken photographs and copies of the documents to the ministry. He said they have about eight trips of sand, cement and gravel that were dumped at the site for construction. He said since they did not receive response some of the materials were stolen by those people who were allocated within the area.
He was asked to copy the materials and submit them to the commission.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 07 Jan 2011 : 14:55:29
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13 more testify at Lands Commission
By Sanna Jawara
Friday, January 07, 2011
As proceedings into the ongoing six-member panel of the Lands Commission, chaired by Justice Basirou Mahoney, continue at the High Court in Banjul yesterday, Thursday January 6th, 2011, 13 more people, including one state counsel, gave their evidence amidst tendering of series of documents in possession and passionate appeals for the Commission to address their individual plights.
Out of the 13 people, 8 were from Sukuta Village in Kombo North of the West Coast Region. Almost all the complains from the people of Sukuta centered on what they called 'illegal seizure of their traditional customary farm lands,' which now falls under the Sanlagie Layout located between Sukuta and the neighbouring villages of Kunkujang and others. All the eight complainants in connection to the Sanlagie Layout submitted their individual title deeds to the Commission for verification with the aim of finding solution to their problem.
The 13 complainants are; Nokaiba Ceesay, Ebrima Sanneh, Mustapha Bojang, Abdoulie Darboe, Nuha Jarju, Kebba Darboe, Bakanding Bojang, Omar Jobe, Kulo Ndow, Sirah Saidykhan, Borry Manjang, Alhaji Ousman Sillah and Mr Campbel. Nokaiba Ceesay, was the first to testify and she informed the Commission that she bought a plot of land from the AMRC in the sum of D150,000. When asked whether she paid it in cash or cheque, she responded that she paid it through one Mr Sedia Ceesay who served as a middleman between her and the AMRC.
According to her, her nephew who was residing in France asked her to see Sedia Ceesay for help to buy the land, which she did accordingly. "I am having my son in the USA who also wanted a land in The Gambia, as such I agreed to buy a land for my nephew in France by contacting Sedia Ceesay and he bought it from the AMRC and I have submitted all the documents in connection to the land to the Commission. I have fenced the said land. Before moving further to develop the land, someone came and started building a structure right in the middle of my land, as such I contacted Sedia Ceesay. He took me to the AMRC, where I was told, 'you are among the first people to be allocated a land,' but I insisted that I don't want argument with any body over a land. The AMRC then promised to allocate another land to me," the old woman explained to the Commission.
Further complaining, the witness revealed that after the new allocation, before moving ahead to develop it, she heard information that, that land also belongs to someone else and she again reported the matter to Sedia Ceesay, who led her again to the AMRC to complain and one Mr. Tamba told her that she is not going to be a loser as they AMRC will allocate another land to her.
The old woman described her land transaction with Ebou Drammeh as very fast and she made her position known to Tamba that she was ready to forfeit the money she spent on lease, though she needs the compound documents, which Tamba promised to get for her. "From that time to date, I have not been allocated a land by the AMRC and the last time I contacted them (AMRC) was when they promised to allocate a land to me. I have spent the sum of D17,000 on fencing of the first plot and the person who entered it by building structures on it, paid only D8,000 as my compensation," Nokaiba Ceesay explained before responding to a question posed to her by the Commission as to whether she had anything else to tell them (the Commission). According to her, when she heard about the existence of the Commission, she decided to file in her complain.
Ebrima Sanneh
Ebrima Sanneh, a state counsel at the AG Chambers was the second to adduce his land dispute problem to the Commission and he stated among other things that, he on June 17, 2010, he bought a land located in Wulinganma near Brusubi in the sum of D125,000. According to the state counsel, he made a diligent enquiry about the ownership of the said land before he purchased it. He revealed among other things that he contacted officials at the Department of Lands and throughout the course of his investigations, he was having some documents in his possession.
"As part of investigation into the land, we formed a delegation to the husband of the one who sold the land to me and I was advised to buy the land as they believed that there was no interest in it. I bought it, but in October 2010, some strange things happened. That was when I went to survey the land in question. I discovered that someone else had started fencing the land. I contacted one Bunja Drammeh about the matter and I was later told that a portion of my land falls under the compensation given to one Kebba Khan. As such, I was advised to contact the Department of Lands about the matter," Sanneh explained.
He further said that after 48 hours of receiving the information, he went to the Lands Office, where he was told by Mr Hammid to write a writ explaining the circumstances of his case, which he did, but unfortunately there was no response to his letter. The state counsel cum complainant then produced a copy of the letter for the Commission and he went further to explain that he went to the Department of Physical Planning with copy of the Alkalo's document, indicating that the land was 40 by 40 meters. When asked whether he had anything to tell the commission, he replied that he investigated the matter thoroughly before purchasing the land and he has evidence to that effect, including his title deed, which convinced him that he is the rightful owner of the land.
Mr Campbel
Mr Campbel, the third complainant, said, he acquired his land in 1990 and he followed all the necessary allocation procedures before leasing the land. According to him, he fenced the land, but sometimes in September 2001, his attention was drawn to certain structures built on the land by unknown people, and as such, he believed that the place might be sold to others without his knowledge. "I went to the Lands Office, where I was told that the place was already processed and it was sold to somebody else. I wrote a letter to the Department of Lands indicating that I have already invested a lot on the land, but their response was that, a decision was already taken. I could remember speaking to one Mr Manneh and other officers. I took photographs of the land and the structures on it. I have already mortgaged the land to the Standard Chartered Bank The Gambia Ltd. However, the mortgage documents are with the bank," he told the Commission. He further explained that the Lands Department asked him to fill a form for allocation of land in Bijilo and that was way back in 2001 and nothing has been allocated to him.
Mustapha Bojang
Mustapha Bojang, the fourth complainant, announced his representation for his family farm located at Sukuta Tanjering, which belongs to the Foday Kunda Kabilo. "The land belongs to our parents before I was even born and I am now 75 years old. The former Chief Eric Tundeh Janneh used to meet me on this farmland and he used to tell me that he will allocate the land to the state. Chief Janneh accused us of felling trees in the forest and I told him that we are not felling any tree in the forest, but only doing our farming activities. The land was seized and we were never compensated," Bojang told the Commission.
He recalled what he described as a minor dispute that arose between his elder brother and one man over the ownership of a portion of the land. According to him, the elders of the area, including the chief intervened by demarcating some plot of the land to the man engaged in dispute with his brother. However, apart from that dispute there has never been any other dispute over the land during the tenure of Chief Janneh. He disclosed that there were two separate lands in the area; one belonging to the Kenebaring Kabilo and the other to Foday Kunda Kabilo. He also disclosed that his own house was destroyed as part of a demolition exercise carried out on the land.
"I was having 19 structures built on my land, but they were all demolished. We lodged complains to the Lands Office, and they told us that Physical Planning is responsible for identifying lands and as such, the land was already demarcated. My farm is the only place where I do farming and as a farmer I am powerless to do anything about it, despite going to several places over the issue. I told Ismaila Sambou, the then minister of Local Government and Lands, but nothing was done and farming has not yet stopped. We wrote to the Protocol at the Office of The President about the issue and nothing came out of it. We were never compensated," the 75 year old man told the Commission. According to him, his Kabilo and that of the Kenebaring Kabilo are almost the same and that they all originated from Sukuta. He acknowledged not having any sketch plan of the land and said that by the time they got the plan, Physical Planning had already started demarcating the land.
Abdoulie Darboe
The fifth complainant also from Sukuta Village said that, they are the traditional owners of Nemasu and they have been farming on the land since the 1970s. He recalled in 2001, when the Nemasu Layout was about to be demarcated and they were asked by the Department of Physical Planning to stop farming on the land since 1998. "We complained to them that we are the traditional owners of the land. We went further to the Commissioner and the Ministry of Local Government and Lands, but we were told that the place was seized by the state for allocation to civil servants. We told the officers that we are farmers and we have no other place for farming. They promised to compensate us, but nothing happened," he told the Commission.
According to him, his concerned family consisted of seven people, five female and two men, all depending on farming for their survival, hence he knows no reason why their farmland should be seized like that without compensation. He was however, quick to reveal that they are currently farming on the Sanlagie land, which belongs to the whole Kabilo. He then produced a sketch plan of the land in question bearing the stamp of the Village Alkalo.
Nuha Jarju
Nuha Jarju, the sixth complainant also stated among other things that he is from Sukuta Village and bought a land in 1970 from Sajar Faye, the then Alkalo of Sukuta (deceased), who issued a document to him. He recalled that in 2004, one Essa Sanneh approached him requesting for space to settle down with his family on a portion of his (Jarju's) land. He said he granted the request on conditions that the said Essa Sanneh should vacate after two years and he should build cement house or any other firm structure on the land, because he will need the land after the leased has ended. "Then Essa Sanneh built a mud house on my land, but upon completion of the two year period, he refused to vacate my land, despite reporting the matter to both the alkalo and the chief. Now I saw him digging holes on the land ready to fence the place," Jarju explained.
Kebba Darboe
The seventh complainant also from Sukuta Village indicated that the Sanlagie Layout land belongs to his Kabilo and the land was seized from them two months before the last presidential election held in the country. According to him, since the incident happened they have consulted several individuals and departments including Ismaila Sambou, the then minister of Local Government and Lands, PS Abdoulie Manneh, director of Lands, director of Physical Planning, among others.
"I told the officers that I did not believe that the state had seized our lands, because I have seen no sign of that. I further told them that, if the state seizes our lands, there will be at least a fence over the land, but such is not the case with this one. I expressed my anger and disappointment to them over the seizure of our land. I indicated that the land was the only place where we do our farming for survival as we are not civil servants," Darboe also explained to the Commission. He then used the opportunity to make reference to the 'back-to-the-land call' made by the president of the Republic. He asked if the president asks people to go back to the land, why should the state seize people's farmlands?
Further commenting on the land issue, Darboe recalled a meeting with Ismaila Sambou, who told him that he had no idea about the land seizure. According to him, he explained to Ismaila Sambou that they Tamba Kunda Kabilo in Sukuta were APRC party militants, but because of the land seizure, they refused to vote for the party. "We received no information about the matter until 2008, when one Bunja from Physical Planning informed us about the state’s final seizure of the land. I recalled a confrontation with Kebba Ceesay, who told me to write a formal letter to the Office of The President, but I refused on the ground that there was never a formal letter sent to us about the seizure, so I have no reason to write a formal letter. No formal letter has been communicated to us," Darboe further hinted and identified the land from sketch a map given to him.
Bakanding Bojang
Bakanding Bojang, the eighth complainant, produced some documents for the Commission to see before he started giving evidence. He announced his representation for the Tamba Kunda Kabilo and said they are complaining about the allocation of the main Sanlagie Layout. Giving a historical view, he said that Tamba Kunda Kabilo originated from Sukuta and they are key founding members of Sukuta Village. His narration covered the Bakoteh Layout to Bijilo end which leads to the Sanlagie Layout, saying, these areas are their farm lands.
According to him, the Sanlagie Layout has affected his personal property, where a mental hospital called Tanka Tanka has been built. He further revealed that the hospital is built right on top of his land and others, and that the area affected was divided among their family members. Asked whether he made any complain, he replied in the affirmative that he sent a delegation to the alkalo as he was about to travel to Ghana on a security meeting. "We wrote a letter of complaint to the Department of Lands and we were promised compensation, but nothing happened. Our lands are now been developed by others without our consent. My lord I stand by the content of the letter of complaint," he stressed.
Omar Jobe
The ninth complainant said, his brother bought a land in Bijilo in 2006. "The place was cleared, sand and stone heaps were dumped on the ground and a small store was built on it, where building materials were kept and a watch man was hired," he added. According to him, the land was located between two other plots of land and work started on it, but Physical Planning asked them to stop the works because the place is a state land which belongs to Social Security. "We then contacted our lawyer, Mai Fatty about the issue. We later met Antouman Gaye, who promised to see the minister of Local Government and Lands. The matter was discussed with Kebba Ceesay and he (Ceesay) asked us to pay him D50,000 so as to allow us to continue developing the land. We gave the D50,000 to him. I personally drove Mai Fatty and one Mr Corra to his office at the Physical Planning to hand over the money to him. After that we were allowed to proceed with developing the land up to the stage of roofing, when the Physical Planning officers asked us again to stop developing the land. He (Kebba Ceesay) and the officers came and demolished our fence and building. We then informed Antouman Gaye about it and he asked us to wait, but we requested for our money to be refunded," Jobe told the Commission.
According to him, they have spent a lot on the land and as a result of the demolition, they asked for their money to be refunded. "This at first, seems to be impossible, but after we engaged some CID officers into the matter, Antouman Gaye then refunded our money, but he refused to refund our fencing and house money on the ground that, such was not his responsibility as the Department of Physical Planning were responsible for that, because they were the ones who demolished the fence and the house," he explained. Jobe further revealed that they were promised a land at the Sanlagie Layout but nothing happened and insisted that, they paid D50,000 to Kebba Ceesay for permitting them to continue developing the land.
Kulo Ndow
The tenth complainant, Kulo Ndow also informed the Commission, among other things that her sister bought a land from the AMRC in 2002, but as they were fencing the land, soldiers from the Yundum Military Barracks asked them to stop the work, and the matter was reported to the AMRC for compensation. She recalled an event when her sister was arrested and bailed and the AMRC promised to allocate another land to them. "But this place has part of its fence down and we noticed AMRC about the state of the fence," she said.
Further adducing her evidence, Miss Ndow stressed that the AMRC then asked them to wait as they were discussing the land issue with the soldiers and the State House and they will be allocated a land. "The AMRC promised to give us title deeds on the grounds that a demarcation exercise was going on upon completion of which a land will be allocated to us, but nothing happened so far. My sister abroad sent the money to buy," she told the Commission.
Sirah Saidykhan
The eleventh complainant said she purchased a land from the former Alkalo of Lamin Village and she has documents for it, but later the land was taken by somebody from her as the person claimed ownership of it. "I then went to the alkalo, but unfortunately the said alkalo was dead and I explained the matter to his brother who succeeded him, but the brother insisted that I did not buy it from him. After some arguments and moving up and down, this alkalo allocated a land for me in a place which was later discovered to be a reserved land. I became tired of this land problem, as such I decided to relax. Later I heard about the Commission and I decided to lodge my complaint here," she explained.
Borry Manjang
Borry Manjang also stated among other things that, he bought a land from one Modou Sambou in Brikama and the land was 87 by 65 meters, but he was later told that the land is part of the state's land. "By the time I bought this land, it was never part of the state land. I took the case to the Brikama Magistrates Court and the man refused to refund my money," Manjang explained. When asked whether he has anything to tell the Commission, he said yes and appealed to the Commission to address his plight.
Alhaji Ousman Sillah
The last complainant of the day also stated among other things that he acquired a land in the 1960s around the Brusubi end, but was recently told that the place belongs to the state and as such he should forfeit the land. "I asked them how come the place that I have been living can become state land? The officers informed me that they will demolish the land and summon me to court. They indeed demolished the land. I explained the matter to Imam Cherno Kah, but the Imam said such is not part of his role. However, he promised me that he will link me to another man who can connect me to the president of the country to explain my problem," Sillah told the Commission.
He did not hesitate to accuse the alkalo of Sukuta as part of the team responsible for demolishing his land, because according to him, he observed from the reaction of the alkalo whenever he contacted him about the matter. The old man then explained how he acquired the land. According to him, the only requirement for acquiring land, used to be done through sending of cola nut to either the alkalo or the village elders.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 07 Jan 2011 : 21:27:16
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More Revelation at Lands Commission
By Lamin Sanyang
By Publisher on 07-01-11
Still More complainants have appeared at the High Court in Banjul to testify before the Lands Commission in Banjul on the allocation and demarcation of Government, Private, individual and company lands on Thursday 6th December 2010.
A Complainant, Mr. Kebba Nfamara Darboe, told the Commission that he is from the Baja Kunda family; that he is complaining on behalf of the said family. He was asked whether he is related to one Mr. Abdoulie Darboe. He answered in the positive saying that they shared the same parents. He was asked whether their farmland in Sallaji was taken from them. He answered in the positive. He was asked about the year it was taken from them. He said it was just two months before the 2006 elections. It was said to him that he mentioned in his affidavits that he went to the former Minister for Local Government and Lands, Mr. Ismaila Sambou, about the land problem. He said he had discussion with Ex-minister Sambou, the permanent secretary, the Director of Physical Planning and the Director of Lands and Survey about the issue.
He was told to explain what had happened. He said he told the ex-minister and these officials that their land was taken by the government but when he visited the place there were no pegs. He said he told them that normally when the government has taken land the pegs would be one meters high. He said he told them that their land at Nema Su Layout was taken by the government and they were transferred to the Sallaji Layout; that also the government has taken from them. He said he told them by taking these lands from them that they have destroyed their lives. He said he told them that they are farmers and are not employed and the only way they earn a living is through farming. He said he told them the President of the Republic is propagating the slogan ‘Back-to-the land’ but they seem to be fooling them.
The complainant said he further asked the ex-minister why the land was taken from them. He said ex-minister Sambou told him that he was not aware that these lands were reserved lands and nobody had informed him about it. He said he told the ex-minister that there was sabotage in the whole thing. He said he told the ex-minister that this type of scenario had happened before the 2001 elections and happened again shortly before the 2006 elections. He said he told ex-minister that was the reason members of the opposition parties used to tell them that they claimed to be APRC supporters but their lands were been taken. He said he told the ex-minister that was the reason they refused to vote in tose elections.
At this juncture the Chairman of the commission Justice Mahoney told the complainant that the commission is more interested about the land issue. The complainant said he was only narrating the discussion they had with the ex-minister. He said the ex-minister told him that he said the truth. He said that was the time ex-minister Sambou asked the Permanent secretary, the Director of Physical Planning and the Director of lands and Survey about the issue but all of them said they had no idea whether these farmlands are reserve lands. He said the ex-minister then told them that they would look into the problem.
The complainant said they waited till in the year 2008 when one Bunja Janneh, an employee of Physical Planning, told his (complainant) brother that all those lands around Sallaji were taken by the government. He said he told his brother to go with him to the then Director of Physical planning Mr. Kebba Ceesay. He said the former director told them that government has taken the lands but the Vice President said they should write a request for compensation. He said he told the former Director that this was not from the minister of Local government and Lands. He said he told him to tell the V.P that they would not write any letter. He said he told him had it been that government had written a letter showing that they have taken our lands we would also have write to them. He said he told him that they had never shown any sketch plan to him. He said he then wrote to Physical Planning until the removal of the former Director of Physical Planning Mr. Kebba Ceesay and Minister of Local Government and Lands Mr. Ismaila Sambou.
The next complainant to appear before the Commission was, Mr. Mustapha Bojang, who was complaining about their land around Sukuta at the Tanjiring area. He was asked how long they have been using the farmland. He said he was born and found his parents using the farmland. He was asked about his age. He said he was 75 years old. He was told it was mentioned in his affidavits that they were dealing with the land problem since the time of the former Chief of Kombo North Eric Tundeh Janneh. He answered in the positive. He was asked what Chief Eric Tundeh Janneh said about the issue. He said the former chief told them that the land was allocated to the government. He was asked whether the former Chief gave them any reason. He said when they asked for the reason the former chief told them he gave the land to the government since they (the complainants) were about to kill each other over the land. He said he told the former chief that they are farmers and were not fighting each other. He was asked whether there was any form of violence. He answered in the negative. He said the only dispute they had was in 1973. He was again asked whether there was any dispute after the one in 1973. He answered in the negative.
The complainant was asked whether at the time of former chief Eric Tundeh Janneh there was any dispute. He answered in the negative. He told the commission that at a point when he told the women that the chief said he had given the land to government, many of them protested and went to the extent of crying. He was told that 4 years back he said their lands at Tanjiring were made a reserved land. He answered in the positive. He was asked whether that was the Sallaji area. He answered in the negative. He said there are two adjacent lands at that area, Sallaji is the one on the way to the forest while Tanjiring is at the Sukuta area. He was asked whether people have start developing the area. He answered in the positive. He was again asked whether they have started building houses. He said some of them have even moved in their houses.
The complainant was asked whether they have taken the case to any place. He said they went to the Lands Office but they said they only went to demarcate the land and physical planning is responsible for the allocation. He said he went to the Physical Planning and told them that they are farmers and that land is the only thing from which they can earn a living. He said they told him that they were instructed by the government. He said they wrote letters to the authorities but they are powerless the letters were blocked on the way. He was asked where they went apart from Lands and Survey and Physical Planning. He said he talked to the former Minister Of Local Government And Lands, Mr. Ismaila Sambou, who was then newly appointed. He said he told Ex-Minister Sambou that their lands were taken that they are farmers and cannot stop farming. He said Ex-Minister Sambou promised him that he would do something about it. He said the ex-minister did not do as he promised them.
He also said they were called at the state House. He said the protocol told them that the President of the Republic was not aware of the problem they are facing but if they explain the factual thing he can help them. He said they told the Protocol they are farmers who rely on the land to earn a living. He said the Director of Lands and Survey was present. He was asked whether they were promised for any compensation. He answered in the negative.
He was asked about the problem between them and Kenebaring. He said it is the same Kabilo because it is within the Bojang Kunda Kabilo. He was asked about the Kebba Kunda Kabilo. He said that is the Kabilo which he comes from and it is the only Kabilo known as Kebba Kunda in Sabiji. He was asked whether he has any sketch plan. He said as he was on the verge of preparing one Physical Planning came and put their pegs at the site. He was told that they would look into their problem.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Prince
507 Posts |
Posted - 07 Jan 2011 : 23:08:06
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It is obvious that Gambia is one of the most corrupt mafia states of our era... almost every person in a position of authority is involved in some kind of a get-rich-quick scheme, at the expense of the down trodden.
Only a fool would invest serious money into anything from AMRC or numerous new "estates."
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"When injustice becomes law, rebellion becomes duty." |
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Momodou
Denmark
11742 Posts |
Posted - 10 Jan 2011 : 20:35:45
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Complainants Testify Before lands Commission
By Lamin Sanyang
10-01-11
Mrs. Aja Ndogoi Bah
The complainant Aja Fatou (Ndogoi) Bah told the Commission that she bought a piece of land at Yundum from one Mr. Sidia Ceesay which, she said, is causing her many problems. She said she met Mr. Ceesay through her nephew who was in France. She was asked whether Mr. Ceesay works at AMRC and she responded in the negative. She said it was because of this land that she also told Mr. Ceesay that she wanted to buy a land for her son in America. When asked whether she had paid the amount of one hundred and fifty thousand dalasi to Mr. Ceesay, she responded in the positive adding that this was for her son. She was asked whether she paid to him directly and her answer was in the positive. When asked about the duration it took to get the land, she said she cannot remember.
The complainant said after she bought the land Mr. Ceesay brought the documents and told her that she has paid everything. She said she has the document and that she has has submitted them to the Commission. She was asked whether that was the only document and she answered in the positive and adding that she is not literate. She said she did not check the documents at the time but was to realize later that found fifty thousand dalasi was written on the document.
On whether she went to AMRC, Madam Bah responded in the negative. She told the Commission that when the land was allocated to her she fenced it and that as they were about to develop it further somebody else came to build a structure in the middle of the compound. She said she went to report the issue to Mr. Ceesay, who told her to go with him to AMRC; that when they went they went to the AMRC she explained everything to the officials. She said they told her that the land was not allocated to her but said she told them that she did not want any quarrel; that they told her since she did not want any quarrel they would re-allocate her. She said they then directed her to go with Mr. Ebrima Drammeh to the site at Yundum. She was asked whether it was at the same place and she responded in the negative.
The complainant told the Commission that she later realized that the place was allocated to soldiers. She said she called Mr. Sidia Ceesay and told him about the problem. She said Mr. Ceesay told her that he would take her again to AMRC. When asked whether she went again to AMRC, she responded in the positive. She said the Managing Director of AMRC, Mr. Tamba, told her that she would not lose the land that they are going to allocate her another land. She said she told Mr. Tamba that she gave all the documents to Mr. Drammeh and that was what Mr. Sidia Ceesay advice her to do. She said she went further to tell Mr. Tamba that in respect of the lease she wanted them to give her the documents. She said Mr. Tamba gave the documents to Mr. Sidia Ceesay to bring them to her.
The complainant told the Commission that she paid an amount of Two Thousand Dalasi (D2,000) for the lease. She said she did not received the documents that she paid to AMRC. She however added that the documents that Mr. Ceesay sent to her have on them Twenty Thousand Dalasi (20,000) instead of the Fifty Thousand Dalasi (50,00) she paid. She said the receipt was extracted. When asked whether she was allocated with any land now, she responded in the negative.
Madam Bah was asked when the last time she had contacted the AMRC and she said she could not remember the precise date but that it was not too long ago. When she was asked what the last response of the AMRC was, she said they told her to wait as they are going to allocate to her another land.
Madam Bah told the Commission thatr she has spent Seventeen Thousand Dalasi (D17, 000) on the fencing. She said she paid bulk cash of Eight Thousand Dalasi (D8, 000) to the person who first claimed to be the owner of the place. When asked what the response of the man Mr. Sidia Ceesay sent to bring the documents, she responded that he did not say a word.
When the Commission asked Madam Bah whether she had anything she would want to tell them, she told them that she was really worried before but that when she heard that the Commission was established she decided to bring the case to them to get justice.
Mr. Ebrima Sanneh
The next complainant to testify before the Commission was Mr. Ebrima Sanneh. He was told that in his affidavits he mentioned that he bought a land at Wulingkama and was asked where Wulingkama was. He said it is in Kombo North.
When asked whether it is situated at the government reserved lands, the complainant answered in the positive. He said he made enquiries at the Lands office before purchasing the land. He said he has documents at the time.
He was shown some documents which he confirmed to be the ones he took to the Lands office. When asked what response he got at the Lands office, the complainant said he was told that the documents were issued by the State and that he can proceed. He said he got direct response from the officials; that he can confirm the documents, adding that they even look in the records.
When he was asked whether he gave them any other document, he answered in the negative. Asked whether that was in July 2010, he responded in the positive.
When he was told to explain what had happen in October 2010, the complainant said he wanted to fence the plot but that before he started the work he went to Mr. Bunja Janneh, an employee at the Lands office in Brikama, who then surveyed the land and gave him the green light to go ahead with the development.
Mr. Sanneh told the Commission that he later went to the plot and was told that land was given to one Mr. Kebba Kinteh as compensation. When asked what Mr. Bunja Janneh had adviced him to do, he said Mr. Janneh adviced him to go to the head office in Banjul. He said he later realized that the plot was not within the compensation area as Mr. Janneh told him. He said he went to the department of Lands and Surveys to explain the problem and that was told that Mr. Janneh made a mistake; that they efforts were made to call Mr. Janneh in his presence but he could not be reached on the phone.
The Commission asked the complainant whether he wrote to the department and he responded in the positive. A letter was shown to him and which he confirmed to be the one. Asked whether he received any respond, he responded in the negative and that he did not make any enquiries.
Asked whether he got the Alkalo’s stamp on the sketch plan, he responded in the positive adding that all the documents were stamped. He said there were no signs of development around that property, but that there were pegs on the plots, adding that when he first visited the plot there were concrete pegs.
Mr. Sanneh was asked whether he has anything that he wanted to tell the commission. He said he wanted to tell the Commission that the documents bore his name and that he is the lawful owner of the plot. He said he felt that he was fairly treated and that he talked to the relevant authorities to advice him. He expressed his believe that the Commission will investigate the problem and take the appropriate actions.
Mr. Sanneh told the Commission that he paid One Hundred and Twenty Five Thousand Dalasi (D125,000).
Mr. Joshua Campbell
Mr. Joshua Campbell told the Commission that he acquired the land in 1990. He said the procedure he followed was to fill a form through the Lands office in Banjul. Asked whether he received the lease document when he acquired the land, Mr. Campbell answered in the positive. When asked what he did with the land, the complainant said he started to fence the four corners.
Mr. Campbell was asked by the Commission to explain what had happened. He said in September 2010, he was told by some people that there were frequent visitors to his compound and there was concern as to whether he sold the place. He said he told them that he did not sell the land; that he went to the place and found trips of sand and stone; that he asked the people who were there about the person who brought the sand and stone; that he was told that they did not know; that he went to the Lands office to inform them but they told him that they have repossessed the land and have llocated it to someone else.
He was asked whether he knows who it was allocated to, the complainant responded in the negative.
The complainant told the Commission that he wrote a letter to the Lands office in order to get back the land but was told that there was nothing they can do about it. When asked whether he was informed prior to allocating the land to somebody else, he responded in the negative.
On whether he can remember the officials who inform him about the issue, the complainant responded in the positive. He was asked whether he took photographs of the place, he said he took photographs of the trips of sand and stone to show them to the Director of Lands and Surveys.
When asked what the state of development was around the area in the year 2001, said he cannot remember but there was a small shop in the area at the time.
When asked whether he has anything to say, Mr Campbell told the Commission that he was more worried about the mortgage problem that is still a burden on him. Asked whether the mortgage was registered, the complainant responded in the positive, adding that the mortgage documents are with the bank.
He told the Commission that during his frequent visits to the Lands office he was asked to buy a form as there was going to be land allocation in Bijilo. He saidthis was in November 2001 and that he told by the same people at the Lands office.
Mrs. Pullo Ndow
Mrs. Pullo Ndow was appearing as complainant on behalf of her sister. She told the Commission that her sister bought a piece of land from AMRC in June 2008. She said they started the fencing but were told to stop by the soldiers at Yundum Barracks. She said her husband and the workers at the compound were arrested. She said they were told to go to AMRC to get compensation.
Mrs. Ndow said she then went to the AMRC and was told to give them time .She was asked to explain what had happened.
Mrs. Ndow told the Commission that they went to visit the property and found that part of the fence was collapsed. She said they wrote a letter to notify the AMRC; that they were called by one Mr. Mass Loum who works at AMRC and who told them that they are trying to settle the problem with the soldiers and the Office of the President. She said they were making follow ups and were told that Physical Planning is doing a survey and that they would give them back their property. She said then saw on the papers that the place was being demolished; that she went to the site herself and found out that the fence has been demolished.
Mrs.Ndow said they boughtthe land at One Hundred and Twenty Five Thousand DalasI (D 125, 000). She was asked the people they contacted at the AMRC and she said Mr. Chione Gomez and Mr. Mass Loum. She said they told her that the lands at Farato were about to finish but that the ones at Yundum were much better. She said they went with them to survey and draw a sketch plan for the land and that this was when her had already sister paid the money.
When asked who the money was paid to, Mrs.Ndow said Mr. Pa Sam. Asked whether Mr. Pa Sam works at AMRC, she responded in the negative. She was again asked how she got the name of Mr. Pa Sam and she said he was a friend of her sister abroad.
Mrs. Kah
Mrs. .Kah told the Commission that she bought a land for seven hundred dalasi from the former Alkalo of Lamin in Kombo North in 1994. Mrs.Kah was asked about the size of the plot and she said she cannot tell the exact size.
The complainant was asked to explain what had happened. She told the Commission that there was somebody who claims ownership of her land. She said at that time the former Alkalo had died and the younger brother took his position. She said she went to the new Alkalo to give her complain and that the new Alkalo told her that he was not the person who sold the land to her. She said she told him it was his brother (the former Alkalo) who sold the land to her and he is now the Alkalo that was the reason she came to him. She said the new Alkalo kept her coming and going without any solution. She said she was advice to go to the Chief Eric Tundeh Janneh who called the Alkalo and agreed to give her another land. She said the Alkalo told her that since she has suffered a lot he would compensate her with two plots. She said he told her that she should put pegs there for identification; that she went with somebody who s works with the Chief.
Mrs. .Kah said there was a letter from the Lands office in Brikama telling the Alkalo that the place was a reserved land. She said she was exhausted and tired of the going and coming without any solution and that that was when she heard about the Commission.
When asked whether she told the Alkalo that the land was a reserved land and she said responded in the negative adding that she was tired and discouraged. She said the Alkalo knew the land was a reserve land but decided to give it to her. Asked whether the sketch plan has indicated that the place was a reserve area, she said it was only when she went to the Lands office in Brikama that she was told.
Mr. Borry Manjang
Testifying before the Commission was Mr. Borry Manjang. The complainant was told that he said in his affidavits that he bought a land from Mr. Modou Samba at Brikama along the Gunjur Highway. He answered in the positive. He agreed that the size of the plot was 85 by 75 metres and that he was given a transfer in 2004.
The Commission asked the complainant to explain what had happened.
Mr. Manjang told the Commission that it all started when he wanted to fence the plot and was told that the place was owned by the State. He said it was his father who informed him after he (father) went to the Lands office in Brikama and was told that the land was owned by the State. He said the Lands officials at Brikama told them the option was to either summon the person who sold the land to them or withdraw the case. He said they decided to summon the person who sold them the land. He said they bought the land at Seventy One Thousand Dalasi (D71,000).
He said they took the matter to the Brikama Magistrates’ court; that he forgot the dte but that it was a year after they bought the land. Asked what the position of the man who sold the plot to him was, the complainant said he was not familiar with him but can recognize him. He said he requested for his money but the man refused to pay them because he argued that at the time of purchase it was not declared a reserve land.
When he was told that he said one Mr. Fansu Bojang sold the same land to a Fula man, he responded in the positive. Asked what was on the land, he said he cannot tell. He said they went to the Alkalo who told them to go to the Police. He said the Police had file the case and asked them to go to court; that when the case was called at the court his name was on the file but that time he was not in the country. He said the court told his father that he cannot stand for him (the complainant) in his absence.
He told the Commission that it was when he was trying to follow up the case that he heard about the Commission. He said he came back three months ago.
He was told that in his affidavits he mentioned that Physical Planning told him that the place was a reserve land and belongs to Social Security and Housing Finance Corporation (SSHFC). He said that was what they told him but that they had not mentioned anything about SSHFC before.
Imam Alagie Yusupha Sillah
In his testimony before the Commission, Imam Alagie Yusupha Sillah agreed with the Commission when he was informed that he said in his affidavits that he had a farmland around Sukuta in the 1960s and that it was around Brusubi; that he was told that the land later became a State property. He said he has fence the property all over; that it was the auto mechanic who was occupying the land who came to inform him tht the authorities have given them a letter indicating that the area belongs to the State. He said has cleared the area since in 1981 and has fenced the area and been working there during all this period and that nobody came to claim the place until now. He said the auto mechanic told him that the Police Commissioner was the one who informed them.
When asked to explain what had happened, Imam Sillah said the authorities went there and demolished the fence. He said he went to the Imam Ratib of Banjul seeking for his intervention. He said the fence was demolished four years ago. He said he told to the Imam Ratib of Banjul. He said he told the Imam Ratib that his fence was demolished and he wanted to meet the President of the Republic but could not have access to him. He said the Imam Ratib told him that he would direct him to somebody who would help him to meet the President. He said the person that they directed him told him that he was new in the position. He said the man then called his juniors to ask them why the place was demolished and was told that the place belongs to the State. He said he told them that the area does not belong to the State because they have cleared the land since 1981 and were paying tax to the government.
The complainant said the authorities have taken part of their farmland around Brusubi and told them that the other site around Sukuta would be given back to them. He said they went and demolished the place claiming that they would build a market and since that time nothing is being built.
He was asked whether the plots around the area were developed. He said some of them were developed and people have moved with their families. Asked whether he reported the issue to the Alkalo, he said the Alkalo was aware and that he was part of the deal. Asked whether he also went to the Chief, he said he didn’t but added that he sent somebody to him. He said the Chief responded that he should to go to the Alkalo as he was responsible.
When asked about how he relates in the Kabilo where he lived, Imam Sillah said at the time when they were clearing the area many of those people in the Kabilo were scared because they believed there were devils at the place. He said they however succeeded in clearing the place and that this made many of them to feel envious. He said the Alkalo and his so-called committee were part of the deal to dispossess what lawfully belongs to him.
When the Commission asked him how he got the compound were he was presently residing, Imam Sillah said they bought cola nuts and took it to the Alkalo. He said that was the custom and practice in the old days. He said as for the farmland that area was a thick bush that was there since the time of the first settlers in Sabiji. He said they never thought of clearing the land because they were scared of the ‘devils’. He said they were able to clear the place the government took one site as part of Brusubi and the other area was given back to them. He questioned why they should grab his property and left his neighbors to settle down in their land with their families.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 10 Jan 2011 : 20:40:31
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And on................. and........... on.............. and ..................on.........................bet those who set up this commission wish they hadn't decided to now  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Jan 2011 20:41:10 |
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toubab1020
12312 Posts |
Posted - 10 Jan 2011 : 22:18:14
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| It will be almost impossible to sort out this mess simply because MOST transactions were made by verbal agreement between the parties, some of which were years and years ago,and as you get older memories fade and interpretations of what was done and said fade it is quite possible to totally believe what you said and did even though IN FACT you did not say or you did say something different. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 11 Jan 2011 : 02:08:32
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OOOOH! I have headache now. What is bloody going on in The Gambia?This is like jungle rule; survival of the fittest.
I definitely can't read these charades any more because it is pushing my blood pressure up for no good reason. Our country is being governed by a bunch of incompetence. |
I do not oppose unity but I oppose dumb union. |
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toubab1020
12312 Posts |
Posted - 11 Jan 2011 : 13:03:05
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| Sorry about that Nyarikangbanna ,better take a pill,Its all about politics, and talking and talking and talking,make a decision,Er....No, sorry can't do that. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11742 Posts |
Posted - 11 Jan 2011 : 17:33:55
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Lands Commission receives more complaints
By Sanna Jawara
Tuesday, January 11, 2011
The Lands Commission chaired by Justice Basirou VP Mahoney continues to receive more complaints from aggrieved individuals/institutions from across the country, especially the people of Sukuta Village in Kombo North District of West Coast Region.
Most of the complainants pointed fingers at the AMRC, the Department of Physical Planning and the Department of Lands and Survey, for either seizing their lands, encroaching on them or responsible for difficulties encountered to have ownership of the lands purchased. The Commission has so far received evidences from 22 complainants including the three who appeared at yesterday's sitting. The latest three complainants are -Baboucarr Mbenga, Alhaji Ebrima Saine and Free Fatty all adduced their evidences before the Commission amidst tendering of series of documents supporting their individual claims.
Baboucarr Mbenga
Baboucarr Mbenga was the first to give his evidence. He informed the Commission, among other things, that he bought two plots of land in Bijilo in the year 1994. Asked as to whether he developed the said lands or not, Mbenga replied in affirmative. He then explained that immediately after he got the lands, he bought some cement and other building materials in order to start developing the lands. He said the alkalo of Bijilo approached him and told him to stop whatever his plan was, because the land had been taken by the state.
This evidence prompted the Commission chairman to ask him what happened to the two plots of land after he abandoned them. Mbenga replied that since then he missed the lands, but of recent, he realised that one of the said plots has been developed. At that juncture, he (Mbenga) produced series of documents for the Commission's inspection in connection to the lands in question. When asked as to whether he has anything to tell the Commission, Mbenga said he has been trying over the years to have his own land but to no avail, despite purchasing the two aforementioned lands. He explained in detail, the series of land application process he went through and the number people he contacted to that effect, adding that he is now a retired man. Asked about how he goes about the land applications he mentioned, he replied that he used to fill a form at the Land’s Office.
Alhaji Ebrima Saine
Alhaji Ebrima Saine was the second complainant at yesterday's sitting. Like the others before him, he also informed the Commission that in the year 1994, his late mother bought a plot of land in Sukuta Village, Kombo North District of the West Coast Region. He told the Commission that they have been farming on the said land for 10 years and that he got the documents of the said land, which was transferred into his ownership. He then recalled that in the year 2005, he sold a portion of the said land to someone and he made documents of possession for the person concerned, but in 2006 when he wanted to sell another portion of the same land to the same person [the previous buyer] he was told not to do so by officials of the Department of Physical Planning, as the land was seized by the state. "I told these officers that I cannot understand what they were saying, because just last year we sold a portion of the land to a buyer and this year you are telling us not to sell another portion of the same land. I told them that I cannot understand their language and I want to be clear. The officers further told me that the place has been leased by the state," he said.
Asked if the remaining portion of the said land is still there and undeveloped, he replied in the affirmative, but expressed disappointment over the seizure of the said remaining land without his consent as the rightful owner. "My lord they by-passed me and sold the remaining portion of the land to another person without my consent and the person who sold it did not even know where the land is located. The person who later claimed ownership of this remaining portion of the land did not even know where it is located. It is not possible for someone to claim ownership of something that you don’t even know where it is located, " Ebrima Saine stated.
Free Fatty
Free Fatty was the third and last complainant of the day and his evidence covered a plot of land located in Sukuta Village of Kombo North, West Coast Region as well as his encounter with an officer called Modou Secka from the Department of Lands and Survey. He told the commission that he received a telephone call from Modou Secka from the Department of Lands and Survey, and upon his arrival, Secka explained among other things that he (Secka) has a friend who has as land located in Sukuta Village for sale and that he (Free Fatty's) assistance is needed in facilitating it.
Asked whether he saw the documents in connection to the said land, he answered in the affirmative and further revealed that a sketch plan of the land was even given to him (Fatty). Free Fatty disclosed that the land was 150 X 89 X 24X 96 X100 X 50 X 250 meters and was owned by the Bojang Kunda Kabilo of Sukuta Village. He added that he sold a portion of the land. When asked to whom he sold it, he said it was to Bojang Kunda Kabilo. This answer prompted the Lands Commission chairman to ask as to how is it possible to sell land to Bojang Kunda Kabilo who are the owners of the land. Fatty then explained that he first measured the land and sold it to one Kadijatou Manneh, but cannot remember the exact year and that documents were issued to her as the owner of the land.
Further asked as to who and who usually signed documents of ownership for him, he mentioned names such as Bamomodou Bojang, Mustapha Bojang, among others, but was quick to say that the later passed away recently. Further adducing his evidence, Free Fatty stated that the lands in question were family lands and recalled a time when he was taken to the police station by Kadijatou Manneh, who claimed among other things that she went to the Department of Physical Planning where she was told that the land she bought is a reserved land.
He further explained to the Commission that Modou Secka gave him some documents indicating that the said lands are for residential purposes and he (Fatty) still has copies of such documents. At this juncture, he produced the documents and handed them to the Commission for inspection. "The money issue involving Kadijatou Manneh was last discussed at the Magistrates Court. I slept one night in custody and some of my colleagues spent two to three nights in custody. The family members paid the sum of D250,000 out of which I alone paid D60,000. An order was made that we should refund Kaddijatou Manneh's money and several letters were sent to that effect. I recalled Mr Pierre Tamba questioned my father as to whether any letter was sent to him in connection to the seizure of the family land and my father replied in the negative and after investigating the issue, Pierre Tamba said such is not right," he further explained.
Fatty also informed the Commission that a file that was brought out for inspection revealed that Brusubi Phase One was the only one for which compensation was paid and not the Brusubi Phase Two. When asked again as to what happened after Kaddijatou Manneh's land problem, he replied that Modou Secka and others concerned all came to the front office. He then produced another set of documents he claimed to have been given to him by Modou Secka and the documents were tendered before the Commission.
Sittings continue on Wednesday 12th January 2011 at 10:00am.
Source: Daily observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 12 Jan 2011 : 00:32:47
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And On.......................... |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 12 Jan 2011 00:35:14 |
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Prince
507 Posts |
Posted - 12 Jan 2011 : 01:28:50
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This whole fiasco makes me appreciate the second amendment of the U.S. constitution... which gives citizens the right to bear arms to protect their rightfully earned property.
What kind of hogwash is "hence, the state need to seize" a persons life savings without compensation? |
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Momodou
Denmark
11742 Posts |
Posted - 12 Jan 2011 : 18:31:03
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Foroyaas version of the last seeting:
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Complainants Appear at Lands Commission
By Lamin Sanyang
12-01-11
The Lands Commission has turn to a platform for many complainants across the country for whose lands were seized to voice out their frustration and anger hoping that the commission will investigate the problem and take necessary actions. Three people appeared at the last sitting, on Monday 10th January 2011at the high Court in Banjul and testified before the commission.
The first person to testify before the Commission was Mr. Babucarr Mbenga. He was told that it is stated in his affidavits that he bought two plots of land in Bijilo from Mr. Nyang in 1994. He answered in the positive. He was asked to explain what had happened when he wanted to develop the place. He said he wanted to start development, but was told to stop because the place was a reserve area. He was asked who told him to stop. He said the Alkalo of Bijilo.
The complainant was asked whether he visited the place after he was told to stop. He said he went to the place and found that both compounds were developed. He was asked what year. He said two years back. He was asked whether there was anything he would want to tell the commission. He said he was looking for a land long time. He said personally, he has served the country a lot. He said he was working at the Gambia Ports Authority until his retirement. At this juncture he shows some of his documents to the commissioners.
He was asked how he applied for the land. He said at that time he took a form from lands office, filled and submitted it. He complained that he has a brain problem that and is feeling dizzy. He took out a packet of medicine that he was taking. He said that he has a knee problem and also his left arm has a problem and cannot raise it up.
He was asked whether he asked the Alkalo for his land which he responded in the positive. He was asked what response was given to him. He said the Alkalo told him that the land was taken by the government.
Mr. Alagie Ebrima Saine
The second Complainant to testify before the commission was Mr. Alagie Ebrima Saine. He was told that it is stated in his affidavits that his brother has a plot of land in Sukuta in the year 1994. He answered in the positive. He was told whether they were using it for farmland which he responded in the positive. He was asked whether they got a transfer for the land. He answered in the positive. He was again asked whether they sold part of the land in the year 2005. He answered in the positive. He was again told that in 2006 they have sold another portion to the same buyer. He answered in the positive.
He was asked whether they prepared a transfer for the buyer. He said they have prepared a transfer for the first plot but encountered problem to prepare a transfer for the second plot. He said when they went to get a lease document that was when they were told the land was leased under somebody’s name. He was asked whether the lands are at the same place. He answered in the positive. He was asked whether they still have a portion of the land which he responded in the positive; saying that they are still paying tax and occupying the compound.
The complainant was told since the land was leased under somebody’s name, did they see any development at the place. He answered in the positive. He said he asked the occupant who told him that he bought the land from one Mr. Gibou. He said that means they have by-passed him. He complained that they have taken all the front phase of the land including a portion of his compound without his consent. He said he felt they should have called Mr. Gibou to come and verify the land to them. He said the man told him that he did not care.
He was asked whether he saw the leased of the man who claimed to buy the land from Mr. Gibou. He answered in the positive. He was asked about the year. He said in the year 2001. He was asked whether he met Mr. Gibou in person. He said he did not even know him; that he only talks to the buyers’ lawyer Mrs. Janet Sallah Njie.
Mr. Free Fatty
Mr. Free Fatty was the last complainant to testify before the commission for the day. He was told that he said in his affidavits that Mr. Modou Secka from the Department of Lands and Survey told him that they found a person who was interested to buy a plot of land. He answered in the positive. He was told the said land was in Sukuta. The complainant responded in the positive.
The complainant was asked where Mr. Secka works. He said at the Department of Lands and Survey. He was asked whether any document was shown to him about the authenticity of the land. He responded in the positive saying that they were in the file. He was asked whether he was given any sketch plan. He answered in the positive.
He was told the measurement of the land was given to him in a figurative way which he confirmed to be the exact size of the place. He was told that the land belongs to the Bojang Kunda family. He answered in the positive. He was told whether he found a buyer which he responded in the positive. He was again asked whether he sold any part of the land. He said he sold a portion of the land to Bojang kunda. He was reminded that he said the land belongs to Bojang kunda and again said he sold part of it to Bojang kunda. He said they told him to look for interested buyers and a portion would be given to him. He was asked the name of the person who bought the land. He said she was called Kadijatou Manneh. He was asked about the year and he said that he cannot remember because that was almost a year and the three portions were sold to different people.
He was asked when he was selling the land who was signing for the seller. He said Mr. Mamadou Bojang and Mr. Mustapha Bojang, but said the latter had died last Sunday. He said the two remaining plots were later sold by Mr. Pereira. He was told that he mentioned in his statement that he was taken to police. He said the time Mrs. Kadijatou Manneh wanted to develop the land; she went to the Physical Planning who told her that the place was a reserve land. He said he argued that the land Secka gave him was around Brusubi phase III and that was for residential purpose only. He said he has copies of the certificate of occupants.
The complainant said when Physical Planning told Mrs. Kadijatou Mannneh to stop at the same time; he then received a phone called from Mr. Makalo who told him to meet them at the Denton Bridge . He said when he arrived at the Denton Bridge ; he met Mr. Mustapha Bojang, Yankuba Bojang and others. He said he was told that the area was a reserved land. He said he asked who told them it was a reserve land. He said they told him that Physical planning who told them.
He said he told them the clearance certificate was given for Brusubi phase III which was for residential purpose. He said they were taken to the Bundung Police Station where he spent a night while the others spent two nights in the police cell. He said they were taken to Court and the Court ordered them to pay an amount of two hundred thousand dalasi to Mrs. Kadjatou Manneh and he personally paid about sixty thousand dalasi.
He said they have written to all the departments of local Government and Lands. He said they wrote to director of Lands and Survey Mr. Malamin Jatta, Mr. Pierre Tamba and Mr. Saikou Sanyang. He said Mr. Pierre Tamba asked the old men when the government was taking their lands whether they gave them any letter. He said the old men responded that they were given money for the Brusubi phase II but that the money for the phase III was not given to them. He said they went to the Ministry and the files were checked but it was confirmed that Brusubi phase II was paid and Phase III was not paid. He said since in the year 2005 they were going to them and were asked to return.
He was asked at the time of the problem whether Mr. Modou Secka showed up. He answered in the positive. He was told that he said he has an occupant certificate which he responded in the positive. He was asked who gave it to him. He said Mr. Secka. He was told to submit a copy of the occupant certificate to the commission which he did.
The complainant was asked about the documents given to them in Court. He said they did not have the copy of the proceedings but have a copy of the receipt of the money they paid. He was asked for a sketch plan. He said they have submitted everything to the secretariat at Kanifing.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 13 Jan 2011 : 17:07:23
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At the Lands Commission Mandinary Alkalo blames ex-Local Gov't minister, others
By Sanna Jawara
Thursday, January 13, 2011
As proceedings of the ongoing lands commission undertaken by a six-member panel, chaired by Justice Mahoney progresses at the High Court in Banjul, more complainants continue to give evidences to the Commission with respect to their individual or community land ownership issues.
Such evidences, yesterday, January 12th 2011, came from three complainants: Fa Ceesay, Alkalo of Mandinary Village in Kombo North of the West Coast Region, Ebrima Sanyang from Bijilo and Mrs Hannah, a representative of Sony Enterprise located in Mandinary Village. Fa Ceesay, the Mandinary Alkalo’s hour long evidence giving covered issues such as the land allocation his villagers did for the construction of the Gambia Petroleum Company, land allocation to a Chinese company through Sankung Sillah and Sons Company, who headed the delegation on behalf of the said Chinese company requesting a land for the construction of a factory in the village, among others. Alkalo Ceesay went into issues relating to what he called the Departments of Physical Planning, Lands and Survey, and the Ministry of Local Government’s determination to seize their farm lands. The alkalo's evidence touched Ismaila Sambou, the then minister of Local Government and Lands, his permanent secretary, Abdoulie Manneh, the Departments of Lands and Survey and Physical Planning and Housing, and other officers, as those responsible for seizing their lands and allocated them to a Chinese company called "Sony Enterprise".
He also spoke about the community's encounter with officials from Local Government and Lands, the Department of Physical Planning and the Lands Office, including Ismaila Sambou and his PS at the time. The D60,000 'bribe' and solar energy lamp given to him by representatives of the Chinese company, his rejection of the bribe and the subsequent chasing of them from his house, the letters sent to him from the Department of Physical Planning asking him and his village members to stop harassing the Chinese company officials among others, were not left out in his evidence.
Fa Ceesay
Fa Ceesay, the Alkalo of Mandinary Village was the second complainant to mount the witness box where he started giving his hour-long evidence that covered wide range of issues relating to allocation of land for construction of the Gambia Petroleum Company, the land allocation to a Chiness company, now known as Sony Enterprise; the seizure of lands in his village by officers from the Departments of Physical Planning and Lands as well as officers from the Ministry of Local Government and Lands among others.
When asked by the Commission chairman what role he played as the Alkalo of the village during allocation of lands to the Gambia Petroleum Company and the Chiness company, Fa Ceesay replied that on the 11th of May 2009, he received a letter from the National Environment Agency (NEA) informing him about proposals for establishing a company called Sony Enterprise in his village. Mr Ceesay disclosed that he did not have a copy of the first letter but he was having a copy of the second letter indicating that some officials will meet him to that effect. He then produced the letter for the Commission's inspection. According to the village alkalo, on the 12th May 2009, after he received a message from one of the messengers from the environment, he told the said messenger to inform the director of NEA that the community of Mandinary were not informed about the establishment of any company called Sony Enterprise in the village, but the messenger asked him to contact the director himself about the issue.
"I went to the NEA to see the director and I was made to understand that, the Department of Physical Planning were responsible for the matter; as such the NEA director advised me to contact Physical Planning and listen to what they have to say. On that very day, 12th May 2009, upon return home, the villagers and officials from Physical Planning made an inspection of the site and it was realised that the site is a residential site. The area is located on the right side of the village of Mandinary and above all its our traditional cultural site. This place is preserved purposely for traditional and cultural things in the village. Also most of the lands in that area are family-owned," Fa Ceesay explained and he then went further to produce a document he received from the Department of Physical Planning.
Further giving his evidence before the Commission, the alkalo explained that both the women and men of the village strongly opposed the decision of the Physical Planning. He added that the villagers agreed in giving land to the state for the interest of national development and that they have also given about 300 meters of land to the Gambia Fire and Ambulance Services. As such, they, the villagers cannot give another land out. He said that the villagers rejected the request at hand and they believed that it is a request made by the Government instead of a private company supported by few officials from the Departments of Lands and Physical Planning as well as the Ministry of Lands.
"A meeting was scheduled on the 1st of June 2009, where a panel comprised of officers from different departments and institutions told the Department of Physical Planning to consult the villagers about the land issue. The villagers formed a delegation which met the director of Physical Planning and the director told us that the land issue was a directive from the Office of the President through the Ministry of Lands. The director further told us that we are the people who elected the president and there was a law passed by the Assembly which stated that, all lands in the country belong to the state. We then told the director about our disagreement on the ground that the said area was allocated in 2008 for a village project and that it was the NEA which were contacting us about the land allocation and not the Ministry. As such the whole village rejected Physical Planning's proposal," Fa Ceesay hinted the Commission and he went on to mention one Abdoulie Manneh from the Ministry of Lands, who vowed to punish the village of Mandinary for rejecting the proposal of the Physical Planning. The alkalo then complained of the fact of their giving out all their farm lands: both uplands and low lands; that the villagers suspected a deception behind the whole land issue.
Still narrating his village’s encounter with the officials of the Physical Planning and Lands office, the Fa Ceesay recalled that a meeting was held on June 1st 2009, between villagers and a panel comprised of different departments and institutions accompanied by some Chiness nationals. However, the Chinese national were scared of the large turn out of villagers and then started communicating with officials of Physical Planning, who were not on the ground at the meeting. Some of the panel members expressed their agreement with the feelings and concerns of the villagers and they consented that if the Government needs the land as claimed, there would have been series of correspondence and consultations to that effect as done in the case of land allocation to the Gambia Petroleum Company.
"Again we the villagers then formed a delegation to meet the then minister of Lands, Ismaila Sambou. The first meeting was cancelled, the second one was scheduled at 9:00am, we sat in his office from 9:00am up to12:00pm. This prompted us to contact the director of Political Affairs at the NIA, who called the minister and informed him about our presence. It was that at juncture that the minister asked us to go back to his office for the meeting. Different directors attended this meeting, but Abdoulie Manneh was absent. We explained our concern to the minister and he confessed that he was not aware of the issue. I stood and told the minister that the directors of Physical Planning were fooling us since you the minister said you are not aware of the matter. At that juncture the director of Physical Planning stood up and explained to the minister that, the matter was just a proposal on a paper not yet approved by the cabinet," Fa Ceesay narrated to the commission.
According to him, they reported the matter to their area's National Assembly member, Adama Cham, and the National Assembly member called the minister and informed him about the issue. He also recalled a telephone call he received some time after the said meeting with the minister informing him about certain Chinese nationals accompanied by officers of Physical Planning putting up pegs right inside the farm of one Ousman Ceesay, whom he described as his brother. "I told the caller to wait for me and upon my arrival the officers showed me document indicating allocation date: 15th July 2009 and a permit, also dated 15th July 2009," Fa Ceesay told the Commission. He then revealed that Ousman Ceesay was having 60 mango trees on his farm; that it was all fenced and he was about to settle with his family on the farm, but those people came and seized his farm without his consent. He then recalled that on the 17th July 2009, he was part of that delegation who met the president from an overseas trip at the airport, and he was privileged to discuss the land issue with the paramount chief, Alhaji Demba Sanyang; the governor, Lamin Sanneh; Famara RI Jammeh, the then police adviser and others and they all said they were not aware of such a development.
The alkalo commented further that the governor later asked him to go to his office in Brikama, where the governor invited representatives from all the security outfits in the Western Region including the Departments of Physical Planning and Lands and the matter was discussed. He said they all confessed that they did not see anything with respect to the Chinese company, Sony Enterprise, despite the fact that they have gone through all the corresponding files. It was then that the governor advised us to take the matter easy and not to do anything contrary to the law.
When asked what Ousman Ceesay did about the seizure of his land, Alkalo Fa Ceesay hinted among other things that on 23rd July 2009 some NIA, Physical Planning and the Lands and Survey officers came to the village of Mandinary and said they were not informed about the land issue and asked Ousman Ceesay not to remove the pegs. The officers further advised the villagers to keep a low profile about the issue. However, the officers further hinted that the issue was between the director of Physical Planning, director of Lands and Survey, the minister and the permanent secretary, but after that event, we the villagers formed a delegation which met the then secretary to the cabinet Njogou Bah, who also denied knowledge of the issue of a reserved land in Mandinary village.
"We then told the secretary to the cabinet to help us have an audience with the vice president Aja Dr Isatou Njie-Saidy. A delegation of 6 women and 6 men from the village met the vice president in the presence of different ministers, directors and security officers and we explained our concern to her and the panel responsible for the land issue also explained their findings to the vice president, but to our utter surprise the directors of Lands and Physical Planning explained that they were just making a sketch plan, which falls far ahead of the village of Mandinary in the South. They claimed the plan is a proposal of about 55,000 estates meant for accommodating the civil servants of the country. This explanation even prompted the vice president to ask the officers as to whether The Gambia had such a number of civil servants. I told the vice president to ask Abdoulie Manneh, who said he will punish the people of Mandinary for rejecting the plan of the Physical Planning. I further told the vice president that we the people of Mandinary were under the punishment of Abdoulie manneh," Fa Ceesay narrated.
According to Alkalo Ceesay at that juncture the vice president apologised the villagers for what happened and urged them to keep the peace. She then gave a strong warning to the Physical Planning and the Lands and Survey officials to desist from such, which she said could undermine the peace and stability of the country. The Alkalo further hinted that, the vice president told the officers that what she heard in her office on that day, if the president should hear such, he will sack right from the Ministry of Local Government and Lands, Physical Planning and the Department of Lands and Survey to the last person. She then asked us to forget about what happened and open a new page in life.
Asked as to what procedures are involved in land allocation whenever the government wants a land? Alkalo Fa Ceesay then commenced a detailed narration of different procedures involved, starting from the Office of the Governor, to those of the chief and alkalo. According to him, this procedure, most of the time, accompanies sharing of colanut between the parties, citing a free allocation of land by the villagers but that the issue at hand, "we only saw the Chinese and some Physical Planning officials who claimed among other things that Physical Planning said the villagers have no right over the land allocation; that being the reason they came to allocate the land themselves. The alkalo then produced a letter which he said was written to him from the ministry, Physical Planning and Lands and Survey, advising him to desist from harassing the Chinese nationals and not to endanger their proposal for allocation of the land."
Fa Ceesay further recalled receiving a telephone call from the chief instructing him to stop interfering with the works of the Chinese nationals and that the instruction according to the chief was from General Lang Tombong Tamba, who claimed to have brought the Chinese into the country for the business. "I went to General Lang Tombong Tamba and explained to him that all the allegations he was receiving from the ministry and Physical Planning and Lands offices were all false. Some time later, the Chinese promised to give solar light for my house because they understood that I was using a candle. They also promised to employ me and to have a percentage of shares in their company, though they did not tell me the exact percentage of the share. Later they came to my house and gave D60, 000 plus a solar lamp. I then called some of the village elders, who came and met them in my house. I threw the D60, 000 by slapping it on their face and told them 'you want to bribe me but you cannot bribe me'. We later chased them away," the Alkalo said. A moment later the commission brought the solar lamp. The lamp was inspected and later returned to the Chambers of Justice Mahoney.
The Alkalo, further narrated that after the encounter with the Chinese nationals and officers of the Department of Physical Planning, he received a letter from the ministry instructing him to desist from harassing them and he also replied to the letter, but there was no reply from the ministry again. The Alkalo again informed the commission that on a particular Sunday, some officers from the Department of Physical planning and the Chinese nationals came to his house and found Abdoulie Sallah the then secretary general and head of Civil Service, Sallah told him to send them away because there was no such issue regarding allocation in Mandinary by the state.
Celebration of minister and others' sacking
According to the Alkalo his village members celebrated the sacking of Ismaila Sambou, Abdoulie Manneh and others from their offices at the ministry, and Physical Planning and Lands Departments respectively. When asked again whether the farm land seized was the property of Ousman Ceesay, he replied in the affirmative and added that a potion of it also belongs to one Janko Ceesay. He then described the situation in his village as really alarming due to what he called the terrible bad odour emitting from the factory of the said Sony Enterprise. "We don't really know what these Chinese nationals were doing on the land, but the odour was terribly bad and the worst thing was that, it is located right in the village. Everyone was complaining about the issue and we are helpless about the issue. Anyone who comes close to the place must cover his or her nose because of the bad odour. Even the environment and the health officials are asking us as to how we are coping with such a situation," Fa Cessay told the Commission.
Ebrima Sanyang
Ebrima Sanyang, who claimed among other things that, in April 2010, he purchased a plot of land in Bijilo from Kebba Senghore, Amina Senghore and Musa Senghore. He was then issued a document for identification and identified the document as a transfer of ownership. When asked who authenticated the document, he replied that the Alkalo of Bijilo, Yankuba Jatta did so. According to the complainant, while in the process of developing the said land, somebody approached him and asked him to stop developing the land as it belongs to him. Sanyang revealed that he paid the sum of D740,000 for the land and he produced receipts of the payment to the Commission.
"I was not around when the Physical Planning put up pegs on my land claiming that it is a state land. However, I was made to understand that one Abdou Jobe from Banjul claimed ownership of the land. I have fenced the land up to 12 course and I have spent about D100,000 on the land. There was notice about demolition of the land. Physical Planning claimed that they sent a notice to the land but I am not aware of this. My lawyer Badou Conteh contacted both the Department of Physical Planning and Alkalo of Bijilo about the demolition," Ebrima Sanyang told the Commission and Badou Conteh then produced series of documents to the commission for inspection. This set the pace for Kebba Senghore, who claimed to be the eldest of his family to mount the witness box, where he confirmed that his family members sold the said land to the complainant and they gave him ownership documents of the land and those documents were signed by the Alkalo of Bijilo, Yankuba Jatta.
Representative of Sony Enterprise
When the Commission asked for a representative of the Sony Enterprise, a lady appeared in the witness box where she announced her name as Hannah and informed the Commission that she is the secretary of the company and that she witnessed all the procedures of the land allocation and operations of the company. She was asked to explain how they acquired the land for their factory and she replied that when her boss, one Mr Sony came from China, he was having a land near the Old Yundum Police Station where he at first wanted to start the factory but some people advised him not do so because the place is a residential one and further informed him about a leased land in Mandinary where the Gambia Petroleum Company is located. "We then contacted NEA, who took us to Mandinary and we met with private owners," the secretary said. Again asked as to who did they meet, she replied that they met different officers at different departments such as the Ministry of Local Government and Lands, Ministry of Energy, Physical Planning, among others, who all expressed the desire to have the company in the country. She recalled a meeting being held in the village of Mandinary and a land was allocated to them by the Ministry, Physical Planning and the Department of Lands and Survey. “However, Physical Planning sent some officers to put up pegs in the land and we made some payment,” she told the Commission.
This evidence made the Commission's chairman to ask her to produce the receipt, which she did and the receipts were photocopied. The secretary confirmed that after the said payment, they did not pay any other thing and she acknowledged being present when the pegs were being put on the land. She further acknowledged knowing the Alkalo, whom she once had a meeting together with some elders of the village, who raised issues relating to the land. According to her, the land previously allocated to them was far away from the village and as such they refused to operate on that land and so the present site of their operation was given to them. She denied taking anything else to the Alkalo except the colanut and the plan documents of the project.
She then began to give a detailed narration about ownership of the project, which made the Commission's chairman to ask her whether her boss is in the country and she replied in the affirmative, but she said she is not sure whether the boss could make it to the Commission today, Thursday 13th January 2011, at 9: 00am. Justice Mahoney informed her that they can compel him to come to the Commission. He then adjourned the sitting for few minutes to write a summon for the secretary to give her boss asking him to appear before the Commission today at 9:00am.
Source: Daily Observer |
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