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toubab1020
12312 Posts |
 Posted - 13 Jan 2011 : 18:22:11
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"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."
The "Boss" won't like that at all , personal responsibility, something that must be avoided at all costs,blame someone else or get someone else to answer what might be awkward questions  and "what's this a summons TELLING ME I must attend"  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 13 Jan 2011 18:24:29 |
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toubab1020
12312 Posts |
Posted - 14 Jan 2011 : 11:36:26
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Mr Sony did turn up then:
http://observer.gm/africa/gambia/article/lands-commission-questions-sony-enterprise-boss
ands Commission questions Sony Enterprise boss
Africa » Gambia
Friday, January 14, 2011
The Lands Commission chaired by Justice Mahoney at the High Court in Banjul, yesterday January 13th 2011, posed series of questions to Mr. Sony, proprietor and managing director of Sony Enterprise located in Mandinary Village, Kombo North District of West Coast Region.
Sony Enterprise is a Chinese-owned gas and oil company which started operations in The Gambia in 2010 after they have being allocated a land in Mandinary Village. The said land allocation is the subject of discussion at the Commission after a complaint was filed in by the Mandinary community headed by the alkalo, Fa Ceesay. The villagers described the allocation as illegal and outside the purview of rules and regulations governing land allocation in the country, especially where the state is involved. The appearance and subsequent adducing of evidence from the Sony Enterprise boss came hard on the heels of a summons issued last Wednesday 12th January 2011th, by the chairman of the Commission, Justice Mahoney.
The Lands Commission chairman’s decision was pursuant to the need for the Sony Enterprise boss himself to come and clear doubts about burning issues relating to the way and manner they acquired the land for operating their business in the village of Mandinary. The Commission felt the need for Mr Sony's personal appearance after his secretary, Mrs Hannah gave evidence relating to the acquisition of the land for their business. The Sony Enterprise boss spoke extensively about his business in the country, the way and manner they were allocated land in Mandinary Village, series of letters and consultations done with different institutions, departments and members of Mandinary Village. His evidence also covered what he called his relationship and confidence in the president of the Republic of The Gambia for coming all the way from China to invest in the country for the benefit and development of The Gambia, amidst tendering of documents and other letters in connection to the land allocation.
Mr Sony in the witness box
Mr Sony mounted the witness box and started responding to series of questions posed to him by the Commission members. His secretary, Mrs Hannah served as an interpreter as he (Mr Sony) alleged to have limited understanding of the English Language. However, before going further into the proceedings, Mr Sony asked the Commission as to what was expected of him, the Commission chairman then explained to him that the Commission is set up to investigate issues relating to land allocations in the country, as such many people were called and they gave evidence regarding their lands and how they acquired them. Mr Sony said he is the owner of the factory engaged in gas and oil business in the country and disclosed that he at first started the factory in Old Yundum, but later moved the Mandinary Village. The Sony Enterprise boss said he is doing the business alone, and has no partner. He said he could not remember how much money he paid for the land, as there was no receipt for the payment he made.
When shown the Solar lamp and asked if he recognised it, he replied in the affirmative and said he recognised the lamp, because he knows the man who was selling that type of lamp sometime in the year 2009. According to him, in 2009, there was a big tender for this type of lamps in China and the said man brought them into The Gambia. "The man stayed in The Gambia for eight months and during the course of his stay in the country, he gave a lot of them out as samples to people before he left back to China," Sony revealed.
Asked if he gave the lamp in question to the Alkalo of Mandinary Village, Mr Sony replied in the negative and explained that the man brought 20 of those lamps into the country and he cannot remember those he gave the lamps to. He then identified the man as one Mr. Chek. Further asked whether he has anything to do with the lamp, he replied that the owner of the lamp was his friend, but denied having anything to do with the lamp in question. Asked again to explain how the lamp got to the alkalo of Mandinary, the Sony Enterprise boss said it was two years ago when they were having someone who was helping them in fixing the lamps, but added that he did not know the particular man. He further hinted that samples of the lamp were sent to different departments and institutions and later some were brought from China to The Gambia. He still maintained that he did not know how the lamp went to the alkalo of Mandinary.
When asked about how they acquired the land, Mr Sony said, it was the Ministries of Energy; and Local Government and Lands; as well as other institutions who held series of meetings with the villagers for the land and series of letters were exchanged to that effect between different ministries and institutions with the villagers. Asked what happened after such meetings were held, he explained that the story is too long and it will last longer periods if he wants to narrate everything to the Commission. He was then asked to stick to issues relating to the land allocation for their business. This prompted Mr Sony to express what he called his beginning to lose confidence in doing business in the country. He claimed that there are several companies in China who want to come and invest in The Gambia. He then produced several documents and a handout for the Commission, and also claimed to have good relations with the Gambian leader, which inspired him to invest in the country.
After the Chinese businessman finished speaking about his confidence in the Gambian president and inspiration to invest in The Gambia, the Commission's chairman, Justice Mahoney told him that it is the president who set up the Commission and that they are doing their work. Chairman Mahoney further told Mr Sony that the Commission is concerned with the land allocation not the business itself and so the need for him to answer only questions relating to the land allocation. Mr Sony was then asked about the dismantling of certain items from the factory sometime ago and where those items were taken to. He replied that there was a time he traveled to China and upon his return he learnt about the development, but he could not tell where the items were taken to. Asked if there was any third party who helped facilitate the allocation of the land to them he replied in the negative.
At this juncture, the Sony Enterprise's secretary, Hannah was asked to remount the witness box, where she was reminded that she is still on oath and there is the need for her to tell the truth and nothing but the truth. She was asked who and who accompanied them to Mandinary when they went there to solicit land for the business. She replied that it was some officers from different departments and institutions as well as another Chinese man, but the said man has gone back to China. Asked again by the Commission as to whether she noticed some developments on the land they built their factory, Hannah replied in the affirmative and said, they notice some little trees and peanuts on the land and the said peanuts were almost two or so months old, but when they were about to commence their business operations those peanuts were removed and they started operating their business on the land.
"Yes My lord when we went to the land, we noticed some trees and peanuts on the land and we also noticed that a well was dug on the land, but this well was not having water as such, it was just dug to water level. We also noticed that a sand heap was dumped outside of the land, but by the time we began our operations, the sand was taken inside the land," she told the Commission, before she was shown the solar lamp for identification purposes.
The chairman of the Commission then asked the security man sitting in the court to bring the solar lamp from the chambers and it was shown to the secretary to identify it. She was at that juncture asked as to whether she recognise the lamp and she replied in the negative, saying: "No I don't recognise it and I don't know this'. The Commission then explained to the witness that it was said that they [the Sony Enterprise personnel] who took the lamp to the alkalo of Mandinary Village, the secretary responded by saying: "No who said I brought this lamp, I don't have any idea about this lamp. I am just seeing it." Shortly after that, she was asked to step down.
Author: by Sanna Jawara
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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 - 14 Jan 2011 : 18:14:36
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Foroyaa version of last two days sittings.
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Emotions Flare Before Lands Commission
By Lamin Sanyang
on 14-01-11
There are more complaints at the Commission on Land Allocation than many people could imagine. Everyday groups of people and individuals across the country from various positions whose lands were seized would appear before the commission to complain about their lands. Some of them would appear in a tense or emotional situation before the commission. The most recent was the testimony of the Alkalo of Mandinaring Village, Mr. Fah Ceesay, on Wednesday 12th January 2011.
Mr. Fah Ceesay -Alkalo of Mandinaring
Alkalo Ceesay was asked about the procedures or his personal role for the allocation of land to a Petroleum Enterprise in Mandinaring village in Kombo North. He said it was May 11th 2009 that he received a letter from the National Environment Agency NEA informing him that they are allocating land to a Chinese Company called Sony Enterprise at Mandinaring. He was asked about the letter. He said he did not bring the first letter but said that he brought the second letter which contains everything. He said he told the person to tell the Director of NEA that they were not aware nor informed of any land allocated to Sony Enterprise. He said he was personally advised to meet the Director of NEA which he did the same day.
He said the Director told him that it was the Physical Planning and Lands office that informed them that they should visit the place. He said the Director advised him to go to these offices to find out from them.
Alkalo Ceesay said it was the next day May 12th that these people came to meet the villagers. He said it was during that meeting that they came to realize that Petroleum had decided to take the place. He said the first place that they identified to them was on the right side of the area. He was asked who identified it to them and the answer was Physical Planning, Lands Office, NEA and the rest of the panel. He said that the villagers have shown their disagreement and told Physical Planning officials that the area was a cultural place. He said they also told them that they are living in an extended family system; that the land was divided among family members to be used for future development as land was all what they have got.
The Alkalo went on to say that the village has earlier on given part of their rice field land to Gambia Petroleum. He said the only portion left with them was the upland farming area. He said that was the reason why the villagers decided to give the lowland area hoping that they can still use the upland for growing the Nerica rice. He said the Minister of Local Government and Lands was present when they were giving the land to these people in the interest of the country without asking for any money. He complains that within a very short period they came again trying to claim for another land. He said they told them that they have given 300 square meters from the upland area to the Gambia Fire service. He said the villagers told them that they cannot afford to give any more land without consulting them. He said that was the time they started to suspect bad feeling from some of the officials.
He said the panel told Physical Planning to suspend the project and advice that they should consult the villagers before any procedure would take place. He said he told them that they have a customary land tenure system. He said at the second meeting all the panel members were represented, Physical Planning, Lands Office, NAWEC, NEA,the Gambia Fire Service etc.
The Alkalo further went on to say that they were adviced to form a delegation to meet the Director of Physical Planning. He said that they met with the Directors of Lands and Survey and Physical Planning on separate meetings. He said the Director of Physical planning told them that the directive was from the Office of the President. He said they asked the reason why their lands were seized without their consent. He said the Physical Planning Director told him that the President of the Republic said all lands belong to the State. He said the Director told him the issue of the said land was brought before the National assembly and the Cabinet. He said the Director also told him that the land issue was treated well before President Jammeh came to power. He said about 9 million square metres of their land were taken from them.
He said when they refused to accept the deal then the Physical Planning officer Mr. Abdoulie Manneh threatened that he would punish him and the Village.
The Mandinaring Alkalo Fah Ceesay said, last June the panel came with the Chinese for a meeting at the village. He said when the Chinese saw the large turn out of the villagers they were scared and started to communicate to the directors of physical Planning and the others. He said the directors of Physical planning and Lands and Survey did not attend the meeting and were not represented. He was asked whether there was any representative from the Ministry. He responded in the negative. He said that was when the villagers started to protest and the panel has realized that there was a foul play because the Ministry was not represented.
The Alkalo said he went with an eight man delegation to meet the Ex-minister for Local Government and Lands. He said when he started to narrate the problem the Ex-Minister intervened and told him that an Alkalo should not be a coward and should not come with all these people. He said he told him that leading his people does not make him a coward. He said the minister told them to come another time; that he was busy because there was a Guinean Defense minister visiting the country. He said they went back and were told that the minister went on a tour. He said the delegation members said they should report it to the NIA political Director who called the minister and they were told to return. He said the minister called the director of Physical Planning and the Director of Lands and Surveys and the Deputy Permanent Secretary. He said they told them that Mr. Abdoulie Manneh was busy and would be represented by Mr. Saikou Sanyang.
He said they told the minister about their concerns and he told them that he was not aware. He said he told the minister that Director of Physical Planning and Director of Lands and survey told them that the issue was before National Assembly and the Cabinet. He said the Director of Lands and Survey Mr. Malamin Jatta stood up with a letter in hand and told the minister that the land was a proposal to allocate Gam-Petroleum to Mandinaring but does not reach to the Cabinet. The Alkalo said what they told them were contradicting because Physical Planning told them that the place was a reserved land even before President Jammeh’s regime. He said the minister told them that maybe that time he was not around when the President of the republic gave the directive.
He said sometime later he got a phone call informing him that they saw Physical Planning officials measuring the land belonging to Mr. Ousman Ceesay. He said Mr. Ousman Ceesay told him that they are watching these people causing damages to the village without taking any action. He said they brought the permit to allocate this day and the next day the demarcation was done. He said Mr. Ousman Ceesay has more 60 mango trees, a well and trip of sand at the place. He said the mango trees were cut down. He said the Chinese show documents but he told them that he as the Alkalo of the village was not informed. He said he put these complaints before the Paramount Chief Mr. Demba Sanyang, the Regional Governor Mr. Lamin Sanneh and others in the presence of the police adviser Mr. FRI Jammeh. He said all of them told him that they were not informed. He said that was when Mr. FRI Jammeh asked them how possible that is when the President of the republic is calling for ‘Operation Feed Yourself’. He said the police adviser asked why they should discourage the efforts of a hardworking young man (Mr. Ousman Ceesay). He said Mr. Jammeh told them that these people are from the Mainland China who used to oppose the regime of President Jammeh.
He said the Governor told them to come to his office to look in the files to see whether there are any records. He said the Governor invited the Physical Planning and NIA official at Brikama to the meeting at his office. He said they told them that the file was not in the records apart from Gam Petroleum. He said the Governor advised them not to do anything that one day the truth will come out. He said the Governor told Mr. Ousman Ceesay not to remove the pegs that were put at his land. He said the Governor came with delegations from the NIA, Physical Planning and others to visit the place. He said they told the villagers that they were not informed, but advised them to keep a low profile.
The Alkalo said they went to the Physical Planning Technical Director Mr. Colley who is currently the Director and he told them that he was also not informed. He said he called the Registrar of Physical Planning, Mr. Ismaila Bah who went through the files and said he was not informed and that nothing was in the files. He said they were told that this has something to do with the Director of Physical Planning and the Director of Lands and Survey and the Minister of local Government and Lands.
Alkalo Fah Ceesay said they decided to meet the Vice President through the then Secretary to the Cabinet Mr. Njogu Bah who said he was not also inform about the issue. He said the meeting with the Vice President was attended by the Interior Minister Mr. Ousman Sonko, Forestry Minister Mr. Kotu Cham, Energy Minister Mr. Ousman Jammeh, the then Deputy CDS Yankuba Drammeh, Navy Commander Sarjo Fofana, APRC Political mobiliser Mr. Manlafi Jarju who was also the minister for Local Government And Lands, Governor Lamin Sanneh, Directors of Physical Planning and Director of Lands and Survey and other hierarchy. He said when the panel had explain their concern to the Vice President to their surprise the Director of Lands and Survey Mr. Malamin Jatta stood saying that they are only making a proposal for a sketch plan to build an estate for fifty five thousand. He said the Vice President asked him for the reason. He said the Director of Lands told the Vice president that would be the Civil servants. He said the V.P told him that she did not think they have that number of civil servants in the country.
He said the V.P. told the Director of Lands that she was not sure whether Mandinaring has that space of land. The Alkalo said he told the V.P that he knows the he and the Village were being punished by Mr. Abdoulie Manneh. He asked, “Why they are they taking away our lands without our consent? Are we not Gambians? Are we not Human beings?” With these words the Alkalo started to shed tears.
He said the Vice President apologized to the villagers for the behaviour of these officials. He said she warned the Physical planning officials to desist from such attitude that could endanger the peace that people are enjoying because the issue of land is very sensitive. He said she told them that if the President of the republic knows about it he would sack all of them, starting from the minister to the last person involved. He said the V.P told them that she sympathized with the minister for local government and lands because it is a big ministry that has many departments including the religious affairs. He said she told them that she has nullified all the allocation and shifted it to The Governor Western Region. He said she advised the governor to buy cola nuts to apologize the villagers on her behalf.
Alkalo Fah Ceesay said when the Governor came with a delegation and the Chinese to apologize, they took them to the site to give them a portion of the land for free of charge. He said they were surprised when they came back to take Ousman Ceesay’s land again. He said they told them that ex-minister Sambou, Lands and other top officials said that the people of Mandinaring have no right to allocate any land to them. He then gave out a document stating that he had intimidated and harassed the Chinese and that he should desist; that was signed by Mr. Saikou Sanyang and Mr. Abdoulie Manneh.
The Alkalo said a day before the inauguration of the new Power Station in Brikama the Governor of Western Region and the Paramount Chief told him that former CDS Lang Tombong Tamba said that he should not interfere with the Chinese relating to the land issue. He said they told him that former CDS said that these are his people that he was the one who brought them to the country. He said he personally met Ex-CDS Tamba and told him that all the things that the Permanent Secretary and others told him was not true.
He said that the Chinese visited his house with token gifts such as solar lamps and other materials saying that he can use the lamps instead of candles. He said they also brought an amount of sixty thousand dalasi and promised him with employment at the company. He said that they told him that they would also give him a certain percentage every year. He said he told them to wait he would get something for the materials. He said he went and called the village elders before they would realize the house was full of people. He said he then told them to repeat what they said to him. He said they told him that was only for the Alkalo. He said that was when the elders of the village slammed the bunch of money and told them that they cannot bribe them. He said that scared them and they ran away with their things leaving one solar lamp there.
At this juncture a solar lamp was shown to him at the Commission which he identified to be the lamp that was left at his house.
He said one day the Physical Planning and Lands officials came to his house and found the then Secretary General Mr. Abdoulie Sallah. He said Mr. Sallah told him that was all lies. He said Mr. Sallah advised that anytime they come that he should send them away. He said he then asked the Permanent Secretary whether if he thought he could bribe them and whether he did not fear to face any court of law. He said most of the villagers were happy when ex-minister Sambou and others were sacked.
He said the alarming situation was that the Chinese have started production and they are polluting the environment. He said the majority of the women have abandoned their fields because of the pollution. He said it has affected the entire village and that villagers cannot breathe fresh air. He said the villagers are concerned about the type of chemical that they are using for their production. He said it smells like a spoilt egg or a broken toilet.
He said they already meet the Director of National environmental Agency NEA. He said the Director himself told them that he once went to Gam Petroleum and smelled the bad smell; that he was surprised the villagers manage to live in such condition. He said they would write a letter to the NEA the next day.
Representative of Sony Enterprise
The representative of the Sony Enterprise was a Chinese lady called Mrs. Hannah. She said she was the secretary of the Enterprise. She said they first got a plot at Old Yundum near the police station; that they wanted to build the enterprise at the place but were advised that the place was for residential purposes. She said that was when they got in contact with the NEA who helped them to get relocate at the Mandinaring Village in Kombo north.
Mrs. Hannah said they were relocated at Mandinaring by Physical planning and Lands and Survey that they made payment to them. She was asked whether they have receipts and she responded in the positive. She submitted the receipts which were copied for the Commission. She was asked whether they made any payment without receipts and she answered in the negative. She also showed documents from Physical Planning, Lands And Survey, NEA and all other departments involved except for the Ministry of Energy which she said was not available.
She was asked about the size of the land. She said it was 100 metres by 50 metres. She was asked whether it was the same size with the one given to them before. She answered in the negative. She was asked when Physical Planning was putting the pegs whether she was present and she answered in the positive. She was asked who were at the meeting with the villagers. She said it was thirteen representatives - Fire service, NAWEC, Physical Planning, Lands, NEA and others. She said before going to this meeting they were called for a meeting at the Ministry For Local Government And Lands. She was asked whether she saw the Alkalo at the village meeting. She answered in the positive. She was asked whether he raised the issue of land. She answered in the positive.
She was asked the place that the Alkalo gave them. She said the Alkalo took them to two different places and told them that he would give his own to them. She said they were confused because the government also said the land belongs to them. She was asked whether they went to the Alkalo’s house and she answered in the positive. She was asked it was before they were given a land. She answered in the positive. She said after acquiring the land they did not go to the Alkalo again. She said they did not offer any money to the Alkalo for the land. She was asked whether they took anything to the Alkalo apart from cola nuts and she answered in the positive. She was asked whether they gave any solar lamps to him and she responded in the negative.
Mrs. Hannah was asked whether she knows Lang Tombong Tamba. She answered in the positive. She was asked how she knew him. She said he was her neighbour. She was asked whether she knew him before coming to the Gambia . She answered in the negative. She was asked whether he has anything to do with their Enterprise and she answered in the negative. She was again asked whether he help them to acquire land. She said that was not to her knowledge. She was asked whether they were harassed at the Alkalo’s house. She said although there were many elders but they were not harassed. She was asked if she was always present at their meeting with the Alkalo and she answered in the positive.
She was asked whether there was any change of ownership of the company and she answered in the negative. She was asked whether at any point they dismantled the project. She answered in the negative, saying that they have another business in Bijilo. She was asked whether the facility was moved to somewhere else. She answered in the negative. It was put to her that the commission was informed that some facilities were moved from the factory and she answered in the positive. She was asked whether the owner of the factory was Mr. Sony. She answered in the positive. She was asked whether her boss works with another person but that they are separated. She said that she would presume so. She was asked the name of that person but said she did not know. At this juncture she was told to tell his boss to come to the commission. She said she cannot force her boss. It was put to her that the commission can force him and a summons was written and given to her to give to her boss to answer to the commission the next day.
Mrs. Hannah was asked when they went to visit the Alkalo who was with them. She said Mr. Sony, the Manager and another Chinese. She was asked whether she was always there with Mr. Sony and she answered in the positive. She was asked whether when the land was allocated to them it had any trees. She answered in the positive saying there were also peanuts. Asked whether there were wells and trips of sand, she responded in the positive. She was also asked whether they took any lamps to the Alkalo which answered in the negative. At this juncture a solar lamp was shown to her but she said does not recognize it.
The owner of the Enterprise
The owner of the factory, a Chinese national called Mr. Sony testified before the Commission. He said he came to the Gambia in the year 2008. He said he came to established business in the country. He was asked what kind of business. He said gas oil business. He said they started at old Yundum before moving to Mandinaring. He said he owns the business. He was asked whether he had any partner and he answered in the negative. He was asked the amount they paid for the land in Mandinaring. He said he did not know. He was asked whether he made any payment without any receipt given to him. He answered in the negative.
At this juncture the solar lamp was shown to him and he was asked whether he recognized it. He said he had seen it before, noting that his friend was the owner of the company. He said the owner of the solar company had an agreement with NAWEC to bring solar system in the country but the contract failed. He was asked whether he gave the solar lamp to anyone. He said the owner of the solar company gave twenty of them as samples. He was asked the name of the owner of the solar company. He said Mr. Cheng. He was asked whether he has any connection with the lamp. He said of course the owner of the company was his friend. He was asked whether he gave the lamp to anyone and he answered in the negative.
Mr. Sony was asked how he acquired the land at Mandinaring. He said he met someone in the country who helped him to go through the right way. He said he cannot remember the name of the person. He said the sample of the sand was taken to China and it was confirmed that Mandinaring was the right place. He said it took several months to get the supporting documents for all the departments to start the business. He said the departments of Physical planning, Lands, NEA, Ministry of Energy and the Ministry of Local Government and Lands have sanctioned the land at Mandinaring; that each of them has written a document and signed it. At this juncture he tendered all the documents signed by all the departments mentioned.
He said he was beginning to lose confidence because he came to invest in the country but did not expect he would be taken to court. The Chairman of the Commission, Justice Mahoney, told him that he was a witness; that they are inquiring about land allocation in the country. Mr. Sony said he came all the way from China to the Gambia because he wants the Country to produce its own Gas oil. He said it is a big investment. He said he has spoken to all the relevant authorities that he is following the right procedures. He said he talks to the President of the Republic and he is fully aware of all the things. He said he would not invest in the country if he was not given the green light. He told them to release him to go. He was told that the commission was set by the President of the Republic himself. He tendered many documents to the commission regarding the business he is doing. The commission told him that they are more interested about the allocation of land not the running of his business.
Mr. Sony told the Commission that the documents submitted are more important than what he says. He was asked whether the facilities were moved to another location before and answered in the positive. He was asked where they were taken. He said he did not know. He was asked whether there was any third person who facilitates for the allocation of the Enterprise apart from the departments he mentioned and answered in the negative.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 14 Jan 2011 : 18:49:03
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Quote from the above posting:
"He said when they refused to accept the deal then the Physical Planning officer Mr. Abdoulie Manneh threatened that he would punish him and the Village. "
What on earth is happening here has Mr Manneh got a power ciomplex ? did he want something? has he been "directed" to make sure something happens ?
What can I say i am simply shocked and amazed that conduct from a senior civil servant of the administration should behave in this way.
Even if this commission does nothing else it is exposing behaviour and crookedness that must not be tolerated by ANY administration.
Once news spreads that people are being heard in regards to their grievences about land deals more and more will come,but most likely it will be phased out or adjourned for one reason or another and never resume work.If the commission is allowed to continue more and more shady deals will come to light,will wrongdoers be sent to trial ? I doubt it. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 14 Jan 2011 : 23:35:02
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| It is all about his kick-backs, toubab |
I do not oppose unity but I oppose dumb union. |
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toubab1020
12312 Posts |
Posted - 15 Jan 2011 : 00:12:49
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quote:
Originally posted by Nyarikangbanna
It is all about his kick-backs, toubab
Surley Gambian Officials don't get kick backs  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11742 Posts |
Posted - 18 Jan 2011 : 19:20:59
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AMRC apologises for seizing my land Complainant tells Lands Commission
By Sanna Jawara
Tuesday, January 18, 2011
Muhammed Njie, a resident of Bakau New Town, yesterday January 17th 2011, informed the six-member panel of the Lands Commission chaired by Justice Mahoney, that the AMRC seized and sold his land located in Old Yundum in Kombo North of the West Coast Region. He said they offered an apology saying is a mistake, but that they never gave him another land.
Muhammed Njie made this revelation before the Commission as part of his evidence with respect to his encounter with the AMRC, in connection to a plot of land he purchased some time in the year 1994 from one Famara Jammeh in Old Yundum. The evidence of the complainant covered issues relating to his purchased land, which was allegedly seized by the AMRC under the authority of M.A Paul, the then legal adviser of the AMRC. He said he made series of attempts including meetings and writing letters to them, to recover his land but to no avail.
When the Commission commenced sitting, Muhammed Njie, the only witness for the day, was asked to mount the witness box where he gave his name and residence. He confirmed that he bought the said land in 1994 from Famara Jammeh, but he did not disclose the amount he purchased the land for. Njie further told the Commission that after he purchased the land, before he travelled to the Republic of Angola, he constructed a barbed wire fence, built a small house and planted some trees on the land. However, upon his return in 2003, he visited the land and discovered that the AMRC seized the land and sold it to another person in the name of Ronald Cole.
"I recalled that AMRC wrote a letter to me few months after my return from Angola informing me about their decision of selling the land in question. The reason they gave was that the land came into their possession through M.A Paul and they said that Justice M.A Paul was their lawyer. Both my lawyers, Amie Joof-Conteh and Antouman Gaye, and I wrote to them but they did not reply; then Gibba was the director of AMRC," Muhammed Njie narrated to the Lands Commission.
The complainant further informed the Commission that a meeting was held at the AMRC office, where he, [Njie] lodged a complaint against the sale of his land without his consent, but the AMRC maintained that they owned the land through the Paul Commission, and as such they had sold the land. Further with his evidence giving before the Commission, Njie said some time later when the new purchaser, Ronald Cole, went to visit the land, he found the land fenced, a house erected, and trees planted, and he realized that the land belonged to the him (Muhammed Njie).
Muhammed Njie further complained that Cole once discussed the land issue with one of his (Njie’s) brother and Cole recommended that Njie should ask the AMRC for a refund. "I went back to the AMRC and met Gibba, then he was just moved to the GPA, and discussed the issue with him. Gibba asked me to call Tamba on the ground that they, the AMRC made a mistake in selling his land and the land could be returned, but nothing has been done up to date," Njie said. The witness added that a moment later people came to the said land and put pegs on it, because the new purchaser bought a potion of it.
The complainant, Muhammed Njie, said he reported the land issue at the NIA through a letter and he was later invited at the NIA, where he was introduced to one Captain Saine, whom he described as a blind man, but he was later handed over to one officer Cham, who recommended for inspection of the land. He said they ended up meeting at the AMRC office with different officials including one representative from the Department of Physical Planning. "I explained at this meeting that the AMRC sold my land without my consent and I asked them to refund my money. At that juncture, one Jagne, who was claimed to be the owner of the land, arrived and he explained among other things that he, Jagne, never owned a land around the said area of Old Yundum, but the then Paul Commission insisted that he owned the land in question. I then asked the AMRC officer present at the said meeting whether they did not notice some development on the land before selling it to another person. They replied in affirmative and went further to accept that the land was even cleared. I told them that I never took loan from any of the banks in The Gambia," Muhammed Njie hinted the Commission and disclosed that the NIA officer was recording all the deliberations of the meeting.
He also recalled that after the said meeting he received a call from one of the officers of the AMRC asking how much he bought the land for and he replied that that was not his business. Further explaining his land problem with the AMRC, Muhammed Njie revealed that after he learnt that the new purchaser sold a potion of the land, he informed his lawyer, Fafa Mbye, and suggested to him for the matter be taken to court, but that it took two years for Mbye to act. As a result he contacted lawyer Tambedou, but that that happened during High Court's vacation and so the matter was delayed. He said when he learnt about the existence of the Lands Commission, he lodged his complaint in order to have the issue addressed.
The complainant said he then submitted series of documents to the Lands Commission for inspection. He said he applied for the transfer of ownership papers for a lease in 1994 and got in the year 2007. This prompted the Commission's chairman to ask why it took so long for him to get a lease for his land; he replied that was mainly due to his travel to Angola and his other busy schedules including his scholarship programme to the Republic of Taiwan.
Asked again whether he had anything to tell the Commission, Muhammed Njie replied that he had got six heaps of sand and gravel and other building materials on the land but he cannot access his land, because it is sold to others.
Source: Daily observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 19 Jan 2011 : 17:23:40
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Another development in the ongoing saga.
http://www.foroyaa.gm/modules/news/article.php?storyid=6023
Principal Valuation Officer Subpoenaed at Lands Commission And Others
By Publisher on 19-01-11
The Principal Valuation Officer of the Department of Lands and Survey Mr. Hamidou Jallow was subpoenaed to appear at the High Court before the Lands Commission pertaining to the storing of lease files on Tuesday 18th January 2011.
The chairman of the Commission Justice Mahoney told him that they are looking for the contact details of the leased properties from the year 2005 to date. He was asked who is responsible at the department for the leased files. He said the files are in store. He was asked whether he has access to the files and he answered in the positive. He was asked apart from him which person can access the files for the court. He said it is the registrar. He was asked the name of the registrar in charge of the files in store. He said Mrs. Fatou Sarr.
At this juncture he was told to step down from the box. He was told that they would call him when needed.
Muhammed Njie’s Testimony Before Lands Commission
Mr. Muhammed Njie, a resident of Bakau Newtown appeared at the High court to testify before the Lands Commission on Monday 17th January 2011 and gave complaint on his land at old Yundum that was seized by the AMRC,.
Mr. Njie told the commission that he got a plot of land at Old Yundum in the year 1993. He said he built a small house for a watchman and fenced the land with barb wire.
He was asked how he acquires his plot of land. He said he got the land from one of their drivers. He was asked why AMRC took the land. He said that he had traveled to Angola in the year 1994. He said the AMRC wrote to inform him that the land was taken by them. He said he went to the AMRC to enquire on the reasons. He said that time Mr. Gibba was the Managing Director.
The complainant said the AMRC officials told him that they got the land through the commission of Justice Paul. He said they told him Mr. Malick Cham the Director of Civil Aviation owns the land. He said he told them that the land belongs to him. He said he tried to show them the documents but they told him that they were not interested to see the documents.
Mr. Njie said he went to develop the land and the AMRC wrote to him again. He said he went to his lawyer who wrote to AMRC but they ignored him. He said he wrote a second letter but still they ignored him. He said in his third letter he indicated to them that he is still the owner of the said land. He said by this time the land was sold to somebody.
He said he observed some developments at the plot when he investigated and found it was sold to the Njie family. He said the person who bought the plot knows his brothers.
He said the person told his brother that he observed the development at the land and he wanted AMRC to pay back his money.
Mr. Njie told the commission that one Mr. Edi Touray a customs officer wanted to buy the land for his son in the UK. He said when Mr. Touray realised that the land was owned by somebody, he came to his office to enquire from him. He said Mr. Touray told him to accompany him to the AMRC and at that time Mr. Gibba was moved to the ports authority. He said Mr. Gibba said that they made a mistake and told them that the portion which was sold cannot be refunded but promised him that the remaining portion would be given back. He said Mr. Gibba promised that he would call Mr. Tamba the new Managing director of AMRC. He said they never heard a call from both of them.
He said one day the watchman called to inform him that AMRC were putting pegs at the site. He said he decided to go to the NIA and referred to Captain Saine who is a blind person. He said Captain Saine introduced him to somebody who called all of them to a meeting.
The said they were all advised to go to the site. He said on the way going Mr. Malick Cham asked where were they going and was told that they were going to Old Yundum. He said Mr. Cham told them that he did not have a land in Old Yundum but got a plot at Sinchu Alagie area. He said at that time Mr. Jarju has traveled out of the country.
He said they had a meeting at the AMRC where Mr. Cole attended and Mr. Edi Touray was represented by his wife. Official of Physical Planning, the NIA and himself were present at the meeting. He said Mr. Cole told them that he wrote to AMRC to get back his money. He said the wife of Mr. Edi Touray said (the complainant) owns the plot of land. He said Mr. Modou Jarju upon his arrival from travel said that he did not have a plot of land in Old Yundum but still the commission insisted and he told them to take the plot.
The complainant said he then asked the AMRC Officials that when they went to the site, whether they did not see any development there and they said they did.
He said he asked them whether the place was bushy. He said they responded in the negative saying it was cleared.
He said he asked what condition AMRC took the land from people. He said because what he knows is that civil servants, who embezzle money from the government or took loan from Gambia commercial bank and cannot pay the money, would have their properties forfeited to AMRC. He said he told them that he did not work for the government. He said he told them to accept the mistake.
He said the NIA has the records of the meeting and can be contacted. He said instead they called to investigate the amount of money he acquired the land for. He said he told them that was not their concern.
Mr. Njie further went to say that he later realized that Mr. Cole has sold part of the land. He said Mr. Cole told him that since he could not get his money from AMRC that was the reason why he sold the land. He said he then went to his lawyer Mr. Fafa Mbye who told him that he was familiar with the story.
The complainant said when he was asked to remove his wire fence from the land, he told his counsel that since he paid him the money; let him take the case before the court. He said the lawyer refused to take the case to the court and he took the money from him to hire Lawyer Tambedou. He said Mr. Tambedou was also busy in many cases and when he heard the commission, he was advised to bring his complaint to them.
He was asked when he came from Angola. He said in the year 2000.
He was asked the time he realized that the land was taken by AMRC. He said in the year 2002. He also said he went to AMRC the same year. He was asked the size of the land sold to Mr. Cole. He said 90 percent of the land was sold to him. He was asked whether there was any plot around his land that was affected. He said the opposite land was also affected by the AMRC seizure.
At this juncture he was told to pass on his documents to the commission. He also submitted his corresponding letters.
He was asked the whereabouts of the person who sold the land to him. He said the land lord died. He was asked how the man acquired the land. He said the man told him that he acquired it from somebody but told them it was in the documents submitted. He was asked whether it was leased. He said the man told him that he could not lease it.
He was asked whether he applies for a lease. He said he tried since 1994 until the year 2007 that was when he got the lease. He was whether it took a long time to lease. He said he was not in the country and upon his return he was busy on many things. He was asked the year that Mr. Cole sold a portion of the land. He said it was 3 years back. He was asked the size of the land he sold he said a quarter of the land. He was asked whether he have access to the land. He said he only have access to the small house he build which he still pays tax to the government. He said the rest of the land still belongs to Mr. Cole and has erected pillars. He was asked the size of the land he occupies. He said it is not more than 5 by 5 metres.
At this juncture he was asked whether he wants to say anything to the commission. He said the commission should call the physical planning and NIA Official that were present at the meeting to find out from them. He also said he has a trip of sand, gravel and iron rods in the land.
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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 - 19 Jan 2011 : 17:51:50
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Principal Lands Surveyor summoned
By Sanna Jawara
Wednesday, January 19, 2011
Hamidou Jallow, principal lands surveyor at the Department of Lands and Survey has been summoned by the Lands Commission to clear doubts about the state of files containing list of leased lands and their detailed contacts from the year 2005 to date.
Jallow, who had earlier appeared before the Commission, yesterday January 18th 2011, confirmed that he received the summon letter asking him to come back to the Commission. His short evidence covered the issues relating to list of leased lands and their contact details, the person in custody of the files, among others.
When the Commission chairman, Justice Mahoney asked him who is responsible for the list of files about the leased lands from the year 2005 to date, Jallow replied that the said a list of files is at the Department of Lands and Survey, because whenever a land is allocated a list is normally drafted to that effect and kept in the files. Asked again whether he (Jallow) can access those files to the Commission, he replied in the affirmative, but he was quick to point out that the Department of Lands and Survey is having a registrar who is usually assisted by a technician and they would be in position to access the said files.
When asked who will be the right person to be contacted if the Commission wants the files in court, Jallow insisted that a registrar is there as well as the technician , who will be able to access and produce the files before the Commission. "However, the registrar is in charge of the files and the name of the registrar is Fatou Sarr," Hamidou Jallow explained to the Commission.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 26 Jan 2011 : 18:54:43
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Former Nawec MD, others testify at Lands Commission
By Sanna Jawara
Wednesday, January 26, 2011
Three more people including a top government official Tuesday testified at the ongoing Lands Commission chaired by Justice Mahoney at the High Court in Banjul.
Abdou Jobe, the former director of National Water & Electricity Company Ltd (NAWEC) and now Energy adviser to the Government of The Gambia gave evidence relating to the seizure of land he bought in Bijilo; while Lamin Touray, a lawyer; and Suwaibou Barry, principal officer at the Ministry of Finance, gave testimonies relating to the operations of the Lands Sales Committee.
In his testimony, Abdou Jobe informed the commission that he bought a piece of land from Yankuba Jatta, the alkalo of Bijilo in 1995, but could not remember exactly how much he bought it. However, he recalled that he bought the land with an exchange of a token amount precisely about D10, 000 at the time. Asked if he developed the land, Jobe replied in the affirmative saying he did so by fencing all sides of it to minimum degree of height, besides survey and lease of the land with the Department of Physical Planning and Housing. He pointed out that the said leased document was part of his complaint lodged with the Commission.
Further testifying, Jobe said that sometime after he developed the land, he observed that an unknown person started erecting the said fence to another height. He said he then reported the matter to the Department of Lands & Survey, Department of Physical Planning and Housing, and the Ministry of Local Government and Lands, but to no avail, despite his personal visits to the said departments and ministry for redress.
Jobe also recalled one such visit he made to the director of Physical Planning and Housing. He explained that the director assigned an officer from the department to go with him [Jobe] to the said land, where a notice was pasted on the land for stay of the demolition order pending the expiration of the notice. "I later went to make enquiries about the expiration of the notice, but I was informed that the Department of Physical Planning Housing sort authority from the Office of the Inspector General of Police for demolition of the land and the said land was demolished by the Department of Physical Planning and Housing accompanied by officers of the Police Intervention Unit (PIU)," he said.
He told the commission that as far as the land case is concerned, he got his title deeds and reported the matter to the relevant authorities for redress, backed up by documents he obtained from the Alkalo of Bijilo. Further asked by the commission chairman, Justice Mahoney as to whether he [Jobe] knows the person erecting on top of his fence, he replied in the negative but said he could recall a letter that was addressed to him in a brown envelop, which he received from a gentleman who claimed to be sent by a lawyer. He added: "My lord, I received a letter in a brown envelop from a gentleman who claimed to have been sent by a lawyer in the night and I asked the man why such a letter at such time of the night, but the man did not reply."
Lamin Touray
Lamin Touray was the second person to give his evidence on the day. He informed the commission among other things, that he is a lawyer by profession and served in the 2009 Lands Sales Committee. Asked whether the said committee at any time agreed to sell land to him, Touray replied in the negative and said he was not aware of such development. However, he was quick to note that some committee members of the said Lands Sales Committee expressed interest in buying lands, but were asked as to whether they have money.
Touray was then asked to point out where such lands are located in the country. He replied that they are located in Kanifing, Sukuta and other places. He then went on to explain the procedure adopted by the Land Sales Committee. According to him, the committee seized and sold lands that were allocated a long time ago to individuals who failed to develop them. He said the seized lands were then sold to people who had the potentials to develop them. Touray added that the committee also sold the lands to the highest bidder.
Further responding to series of questions posed to him by the Lands Commission in connection to the sitting and activities of the 2009 Land Sales Committee hosted at the Ministry of Finance, Touray denied allegations that lands in Kanifing and Jeshwang were offered to him for sale by the aforementioned Land Sales Committee. "I was never offered a land for sale and the committee never agreed to sell any land to me. I was unable to buy a land from the committee because I was not having money and the committee adopted a procedure that those who want lands must have money on them and I was not having it," he explained before he was asked to step down.
Suwaibou Barry
Suwaibou Barry was the third and last to testify on the day. He informed the commission among other things, that he is the Principal Officer at the Ministry of Finance, but has never been part of the Lands Sales Committee. However, he accepted that on one or two occasions, he attended the sittings of the Lands Sales Committee at the Ministry of Finance as an observer.
Barry denied allegations that the committee agreed to sell a land to him. He said: "I was never offered a land for sale by the Land Sales Committee and I have never been part of any land sales committee. I only attended their sittings once or twice at the Ministry of Finance as an observer. I was never located a land in Kanifing or any other part of the country by the committee."
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 27 Jan 2011 : 20:43:25
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quote:
Originally posted by toubab1020
And on................. and........... on.............. and ..................on.........................bet those who set up this commission wish they hadn't decided to now
Was I right or not ? 
http://www.foroyaa.gm/modules/news/article.php?storyid=6066
PEOPLE ARE BECOMING AFRAID TO WRITE PETITONS TO PUBLIC OFFICERS
By Publisher on 26-01-11 News by the same author
The Foroyaa Office has become a social clinic. People queue on a daily basis to seek one form of advice or the other. In short, the office is becoming a citizen’s advisory bureau.
The office welcomes the establishment of the Commission on Land Allocation because of the numerous complaints we usually have regarding land disputes.
Foroyaa has made it a practice to contact public officials and other members of the public to convey the complaints lodged in order to facilitate amicable resolution of disputes.
Since the proliferation of the number of cases in court specifically related to the giving of false information to public officers some of the people who are referred to public officers are being encouraged to write to them. Many are hesitating to write petitions for fear that it could land them in trouble. Fear is becoming a fetter to the pursuit of justice. Petitions are the first advocacy instrument for the pursuit of justice at minimum cost.
Section 25 subsection 1 (f ) of the Constitution states that “ Every person shall have the right to freedom to petition the executive for redress of grievances and to resort to the courts for the protection of his or her rights“
Section 17 Subsection 1 of the Constitution reinforces and enlarges the freedom to petition the executive or resort to the courts for redress of grievances by indicating that ‘the fundamental human rights and freedoms shall be respected and upheld by all organs of the executive and its agencies, the Legislature and where applicable to them by all natural and legal persons in the Gambia, and shall be enforceable by the Courts.
The Courts should enforce the right to petition the executive and its agencies for redress of grievances. Such a letter should be viewed as a right to be written and the most the executive should do is to either address the grievances or give reasons why the grievances are not considered to be legitimate. The wages of a groundless petition is a reply indicating the grounds for its rejection. It is left to the petitioner to take the next step by going to the Courts for final arbitration.
However, instead of those whose petitions have been rejected going to Court, it is now the recipient of the petition who takes action to have the petitioner arrested, charged and taken to Court.
We hope the authorities would bear in mind that the Courts which are designed by the Constitution to be the guardian of rights and justice should not be seen to be adding more injuries to the life of the aggrieved petitioner and thus give his or her grievances a multiplying effect. It is our candid view that the section which deals with giving false news to public officers should be repealed. A public officer is not obliged to be guided by any information that it has not adequately investigated. Hence no wrong or injury is done to a State by the discovery that certain information given to its agents by a petitioner are false, on the contrary it is the petitioner who would have his or her case rejected after investing energy and resources. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 27 Jan 2011 20:47:16 |
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Momodou
Denmark
11742 Posts |
Posted - 28 Jan 2011 : 18:02:40
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Land Sale Committee Member Testify before Lands Commission
By Lamin Sanyang
26-01-11
Lawyer Lamin AK Touray and others on Tuesday 25th January 2011 testified before the Lands Commission about the sale of lands by the Lands Sale Committee.
Lawyer Touray told the Commission that he was a member of the Land Sale Committee since 2008. He was asked about the number of meetings he attended. He said he attended many meetings and cannot remember all. He was reminded about attending a meeting at the Ministry of Finance which he responded in the affirmative. He was told that during that meeting whether the Committee had agreed to sell land to some of the Committee members including him. He answered in the positive and pointed out that he told them that he could not afford it because he did not have the money.
Lawyer Touray was asked about the Committee members that were interested in buying land. He mentioned few names such as Mr. Alagie Faal and Mr. Cham among others saying those were people who showed interest in buying land. He said when he was contacted, he told them that he was also interested but did not have the money to buy. He was asked about the location of these properties. He said they were lands seized from people and were not situated at the same place. He said he knows one was at Kanifing.
He was asked about the procedures of selling lands by the Committee. He said usually a land is identified and advertise to buyers. He said the person who pays the highest amount gets the property. He said these lands were seized from people because they did not develop them for a long time and the Committee took them and sold them to other people.
He was told that it was stated that he and some committee members were allocated lands through the Land Sale Committee. He denied it and argued that he told them he did not have the money to purchase it. He said he is still trying to get allocation at the Sallaji Layout.
The next person to testify before the Lands Commission was Mr. Suwaibou Barry, Principal Officer at the Ministry of Finance. He was asked whether he was a member of the Land Sale Committee. He answered in the negative. He was asked whether he attended the meetings of the committee. He said he attended one or two meetings when he was newly appointed to the position. He was asked whether he was part of the board and he answered in the negative. He was again asked whether he participated in the meetings which he attended. He said he was just an observer.
Mr. Barry was asked about the procedures taken by the Land sale Committee. He said he was not familiar to them. He was asked whether he has benefitted or bought anything from the committee. He answered in the negative. He was told it was on record that he bought a land from the Committee. He said that was news to him.
Mr. Abdoulie Jobe also testified before the Lands Commission. He said he is an engineer. He was asked how he acquired the land he purchased at Bijilo. He said he acquired the property from the “Alkalo” of Bijilo Mr. Yankuba Jatta. He was asked the year he bought the land. He said he bought it in the year 1994-95. He was asked whether the property belonged to the “Alkalo”. He said he approached the “Alkalo” who sold it to him. He was asked the amount he bought it. He said he gave a token amount of ten thousand dalasi to the “Alkalo”.
Mr. Jobe told the Commission that he followed the normal procedures by going to Brikama to the Chief, Lands and survey to prepare a lease in the year 1998. He said he constructed a cement fence and at the front phase he raised it to one meter length.
He said the problem started when a friend of him called to inform him that somebody was erecting a structure at the front phase of the property. He said he went to the place and confirmed it. He said he wrote the Physical Planning to complain. He said they did not respond and he wrote another letter and took it to them. He said he also went to the Deputy Permanent Secretary at the ministry of Local Government and lands to discuss the issue. He said coincidently the Director of physical Planning was at the Ministry and was called. He said the Deputy Permanent Secretary urged the Director of Physical Planning to follow the Physical Planning procedures to make sure things are done.
Mr. Jobe said during the period, he met Mr. Colley who told him to go with Mr. Lamin Jawara to the property in Bijilo. He said Mr. Colley told him to wait for them to do the normal Physical Planning procedures before demolition. He said he waited for sometime and went back to them. He said he was informed that Physical Planning wrote to the Inspector General of Police for a back up to demolish the structure which were erected at the front phase of his property. He said he was further informed that Physical Planning with the support of Police Intervention Unit went to demolish the structure.
He was asked why he did not report to the “Alkalo”. He said since the “Alkalo” has given him the title of the property that was the reason he took it to the authorities responsible. At this juncture, he was asked whether he has anything to tell the Commission. He said he did not know the person who erected the structure at his property but said somebody came to him at his compound with a brown envelope at night. He said the person told him that he was sent to give the envelope to him. He said he told the man whether he was out of his senses to come at that time of the night.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 02 Feb 2011 : 18:50:50
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2 more witnesses testify at Lands Commission
Wednesday, February 02, 2011
Alpha Touray, an employee of Afric Natural Product Company located in Kanifing and Omar Wally Jobe from Ebo Town, gave their evidences before the Commission chaired by Justice Mahoney.
Alpha Touray was the first to adduce his evidence and he informed the Commission among other things, that his company [Afric Natural Products] engages in agriculture-related activities and that they acquired land for the business in Shomu Village, Kombo East of the West Coast Region. Asked when and how the company acquired the said land, he said: "I cannot explain when and how the company acquired the land, because by the time the company acquired the land, I was not working there, as such, I cannot explain that. The manager of the company Amir would be in better position to shed light on that. I just joined the company in the year 2009 as an employee. The manager travelled but he would be in the country in a fortnight."
He explained that when his company learnt about publications in the local newspapers for those who acquired lands from the Ministry of Local Government and Lands as well as other government institutions to report to the Lands Commission, they decided to contact the Commission. Asked again whether he got the documents of the said land, he replied in the negative and said the documents were in possession of the manager of the company. However, he accepted that the land was leased and said the leased documents are with the same manager.
Omar Wally Jobe
For his part, Omar Wally Jobe informed the Commission among other things that he knows Abdoulie Jallow, whom he said bought a land in Old Yundum from a man called Saikou. According to him, Abdoulie Jallow earlier informed him [Jobe] about his intention to buy a land in Old Yundum on the highway, but he advised him to be sure of the state of the land before putting his money on it. "I advised Abdoulie Jallow to be sure of the state of the land, possibly by contacting a lawyer before he would be paying for the land. He paid D150, 000 for the land. Abdoulie Jallow got the land from Saikou through one Ansumana. I and Abdoulie inspected the land in the company of Ansumana and we were joined by the owner Saikou. After the inspection, we proceeded to one of the offices in Banjul to pay the money. We met one lawyer and a staff called Ebou Drammeh," Omar Wally Jobe explained.
He said Saikou, who claimed to be the owner of the land told him, among other things, that the real owner of the land was dead and before his death, he assigned him [Saikou] to purchase the land and pay his debts. The witness further revealed that the lawyer asked the buyer, Abdoulie Jallow to pay the income tax and such was paid accordingly. "The lawyer asked us to sign documents in connection to the purchased land, I thumbprinted the document as I did not go to school. I only attended Arabic school. The said lawyer appealed for us to collect the documents in three days time. The D150, 000 was paid to the lawyer," the witness told the commission before he left the box.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 04 Feb 2011 : 17:52:22
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Saikou Marong, Others, Testify Before Lands Commission
By Lamin Sanyang
04-02-11
The Public Relation Officer (PRO) of the Libyan Embassy in the Gambia Mr. Saikou Marong and two others appeared at the High Court to testify before the Lands Commission in Banjul about the seizure of their lands, on Tuesday 2nd February 2011.
Mr. Saikou Marong stood in the witness box and told the commission his full names. He was asked about his occupation and he said that he is the Public Relation Officer at the Libyan Embassy in the Gambia . He told the commission that he owned a property in Sallaji. He was asked how he acquired the land. He said it is compensation for the property he had in Banjulinding that was very close to the Police station. He said through the then commissioner of Brikama he was informed that the Ministry of Interior was interested to expand the Police station. He said he agreed on condition that they would compensate him exactly the value and size of the property. He said he told them that he should be compensated for the building which he erected on the land. He said it was as a result of this arrangement that Sallaji was given to him as compensation.
He was asked the year he acquired the land at Banjulinding. He said the land was acquired in 1980. He was asked whether the property was leased which he said he was processing when he was arrested in the 1981 abortive coup d’état of Kukoi Samba Sanyang. He said he was detained for a period of one year. He said he did not receive the leased document but the application was at the Ministry.
He said the plot at Banjulinding was required by the police in the year 1996. He said they asked whether he would be interested in the compensation which he said he answered in the affirmative. He said it took so long to compensate him that he eventually took the matter to court. He said the court has ruled in his favour. He was asked what year that happened. He said in the year 2005. He said the size of the land in Banjulinding was 100 by 100 metres.
Mr. Marong was asked whether he has a letter for allocation to Sallaji. He answered in the affirmative, saying that he has both the leased and allocation documents. He passed the documents for the commission to check them. He said he was given 100 by 100 metres at Sallaji extension and Tanji. He was asked whether he has been to the lands. He answered in the affirmative.
At this juncture, he passed a bunch of documents including the lease, allocation and compensation letters to the commission. He complained that somebody has erected a fence inside his property and he told them to remove the fence but was told that the person was abroad. He said he contacted Physical Planning and the Alkalo of Wulingkama about the matter but it was still unresolved. He was asked whether two plots were given to him in Sallaji and Tanji. He answered in the affirmative pointing out that was compensation for his plot in Banjulinding. He was asked whether he has put any development at the plots. He said he has erected a fence and built a mud house in the plot.
The next complainant to testify before the Lands commission was one Mr. Alagie Jobe of Kanifing. He said he is a mason and a teacher. He said he got a plot of land in Jeshwang from one Mr. Jallow. He said the size of the land was 90 by 45 metres and half of the said land was seized by the government to build a health centre. He said he has built a house in the compound.
Mr. Jobe said the land was behind NAWEC Headquarters around Corporative in Kanifing. He said the portion of the land that was taken by the government was later built as a Health Centre. He said he has received the sum of thirty-three thousand dalasi for the compensation of the building and the fence but promised to be compensated for the land. He was asked the person who promised him. He said it was one Buba the Director of Lands Office and the then Minister of Local Government and Lands who he could not remember. He was asked whether he sat with them but answered in the negative. He was asked whether they give him money for the compensation of his land. He said they told him that they did not give money for land but they only substitute it.
He was asked whether a land was given to him. He said a plot was given to him at Sallaji. He said there was a big gap between the time the land and money were given to him. He said the size of the land at Sallaji is 55 by 35 metres. He said the land at Kanifing was taken 20 years ago. He said the lease was prepared after the land was taken. He was asked whether he has a lease for the sallaji plot which he responded in the affirmative. He then submitted a bunch of papers including the corresponding letters that he sent to the Ministry, Lands Office and other places. He was asked whether he develops anything at the Sallaji plot which he responded in the negative.
The last person to testify before the Lands commission was Mr. Saikou Jaiteh. He said he has a property in Old Yundum which belongs to his elder brother who is deceased. He said it was late brother who acquired the properties. He said the properties are altogether four plots of land. He said the documents for the two plots are not prepared.
Mr. Jaiteh was asked whether he was aware when his late brother was acquiring the properties in Old Yundum which he responded in the positive. He said it was five years back. He said the properties were acquired through AMRC. He said he did not know the amount of money his (brother) paid for the properties. He said the two properties whose documents were prepared were sold to two different people. He said the other two remaining properties were not sold. He was asked about the person who sold the properties. He said he was the very person who sold them. He said he sold one to Mr. Abdoulie Jallow and the other to Mr. Serign Sillah. He said the first property was sold to Mr. Abdoulie Jallow. He was asked how he met Mr. Abdoulie Jallow. He said he has informed somebody that he was selling properties at Old Yundum. He was asked the name of the person. He mentioned one Mr. Lamin Jabbi.
He said Mr. Jabbi also passed that information to one of his friends who later came with Mr. Abdoulie Jallow to meet him at the Tippa Garage. He said they discussed about the property and told them that his late brother was indebted; that he wanted to sell the property to settle the money. He was asked about the price of the property. He said he had a middle person who discussed with Mr. Jallow and they agreed on hundred and fifty thousand dalasi. He said they came to AMRC to do the paper work. He said they contacted Mr. Ebou Drammeh of AMRC who has done a rough sketch plan for his brother. He said Mr. Ebou Drammeh took them to the office of the AMRC lawyer. He said they told the lawyer that they need a transfer for the buyer. He was asked those who were in the office. He said himself, his friend Mr. Danso, Mr. Abdoulie Jallow and his friend and Mr. Ebou Drammeh.
Mr. Jaiteh said they paid a sum of seven thousand dalasi for the transfer fees, income tax and other fees. He said the payment of the fees was done by him and Mr. Abdoulie Jallow. He said the lawyer told them to come back after three days. He was asked the person that Abdoulie Jallow paid the money to. He said the money was paid to him. He was asked the place where he made the payment. He said it was in the vehicle after they left the office. He was asked whether he did not pay the money at the office which he responded in the negative. He said Mr. Jallow paid hundred and fifty thousand dalasi cash to him. He was asked about the receipt. He said there was no receipt. He was asked for the receipt at the AMRC which he said no receipt was given as they were told to return after three days. He was asked whether he has signed any document at the AMRC office. He answered in the negative. He was asked whether he can read and he answered in the negative. He was asked whether he has returned to the lawyer at AMRC. He said they went but was adjourned to a further date. He said when they went Mr. Abdoulie Jallow was given some documents.
At this juncture he was asked whether he has signed any document which he said he cannot remember whether it was a signature or thumb print. He said that was at the time the lawyer was giving the documents to Mr. Jallow. He was asked whether Mr. Ebou Drammeh wrote any document. He said Mr. Drammeh took the sketch plan from them and started to draw but did not complete it.
Some documents were given to him to check whether he would recognize them. He said he did not recognize them and did not sign them. He was asked apart from the seven thousand whether he paid anything to AMRC. He responded in the negative. He was asked whether he went to AMRC when he was selling the second plot. He answered in the negative saying,that property was given out as a guarantee because he has taken money from the individual. He was asked about the transfer papers. He said they contacted the AMRC officials Mr. Ebou Drammeh and the lawyer who helped them to prepare the transfer papers. He was asked whether they paid any money. He said they paid the sum of seven thousand dalasi. He was asked for the receipt which he said was not given to them.
Mr. Jaiteh was asked whether he normally use signature or thumb print. He said sometimes he used signature or thumb print. At this juncture, a document was given to him to check whether he was the person who signed them. He argued that that was not his signature and requests a pen to write his signature to compare the two. He was told that the documents indicated seventy-five thousand dalasi instead of the hundred and fifty thousand that he mentioned. He said the reason for that was so that the percentage they would pay for tax and transfer would be reduced for them. He was asked where they made that arrangement. He said at the Tippa Garage. He was asked whether he paid the agent which he responded in the positive. He said he paid thirty thousand dalasi to the agents. He was asked the number of the agents. He said they were many and did not meet some of them.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11742 Posts |
Posted - 11 Feb 2011 : 18:22:37
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Finance Permanent Secretary II Testifies Before Lands Commission
By lamin sanyang
11-02-11
Permanent Secretary II at the Ministry of Finance, Mr Sereign Cham, appeared at the High Court premises in Banjul to testify about his role in the Lands Sale Committee before the Lands Commission on Thursday 10th February 2011.
Mr. Sereign Cham said he is the Permanent Secretary II at the Ministry of Finance. He gave a brief idea of his qualification and his work experience. He told the commission that he started work at the Ministry of finance in the year 1992. He explained the various positions he held at the ministry before he was appointed Permanent Secretary II. He said he worked for the World Bank before his appointment as Permanent Secretary.
Mr. Cham was asked whether he chaired the Land Sales Committee and he responded in the affirmative. He said he started to chair the committee since 2008. He said he has the files of 2008-2010 which he said are very relevant as far as the commission is concern. He said in the Ministry of Finance, there are two permanent secretaries I and II. He said they work in the system of division of labour. He said he chaired the meetings of the Land Sales Committee twice. He was asked the number of meetings he attended. He said he attended many meetings but not as a chairman. He disclosed that there was not much land sale in 2008-2009. He said the executive asked him to see what they can do to help civil servants. He said subsequently, a ‘Task Force’ was set up to carry out the assignment and the report was submitted to the executive.
The finance Permanent secretary was asked how the Land Sales committee acquired lands. He said they used to put the agenda at the level of the committee. He said the lands are acquired from the ministry of Local Government and through the Department of Physical Planning and Lands Office. He was asked a situation where a person bought land and somebody else claimed ownership of that property. He said he cannot remember whether that type of situation had happened. He said the committee is very careful in the issue of land. He said the Ministry for Local Government and Lands is responsible for the compensation of lands to people.
Mr. Cham said when it comes to the land issue, the committee is very critical. He said they would debate on the issues before doing anything. He said when it comes to documentation; the Ministry of Local Government and Lands are responsible. He quoted the ‘Tender for Commercial Land made for petrol stations’. He recalled the bid that took place between JAH Oil and TOTAL Petrol Stations at the Kombo Coastal Road in the year 2008. He said TOTAL Petrol station offered 2.2 million dalasi while the JAH Oil Petrol Station offered 2.1 million and the one with the highest bid won the offer. He said a letter of offer was written to TOTAL Petrol who replied that due to their monetary budget they cannot pay the amount and the offer was turned to JAH Oil Petrol Station. He also talked about the ‘Tender for land sale at the Kanifing Industrial area’. He said the Social security and Housing Finance Corporation offered eleven million dalasi for the place, but the Cabinet disapproved on the grounds that the amount was small. He said after a series of discussion with SSHFC officials, they came to the term of fifteen million dalasi which was paid in 2009.
He was asked to brief the commission about the Extension Layouts and he talked about the sales of land at the Kanifing Layout. He said letters were written to the Ministry of Local Government and Lands, Social security and Housing Finance Corporation and the Ministry of Finance. The Finance Permanent Secretary said the issue of civil servant was a great concern. He said they asked about the prospects for civil servants to buy land. He said land was sold to some members of the Lands Sales Committee that were interested in buying land. He said he also showed interest that he wanted to buy land. He said he was offered at the rate of two hundred and fifty thousand dalasi. He said the letter was written to the Treasury office that it would be deducted from his salary for thirty six months.
The Finance Permanent Secretary was asked how the Land Sales Committee valuated land. He said they were using the GRA valuation base on the capital investment. He said he told the committee that using the GRA valuation would cause problems especially in the area of income tax, rates and the others. He said he told them that commercial lands are getter higher. He said he told them that they should put genuine base prices on the location of the land.
He talked about advertisement which he said makes economic sense. He said the Ministry for Local Government and Lands addressed the bids to the Land Sales Committee who looked into them and offered to the highest bidder. He was asked whether they have map allocations which he answered in the affirmative. He was asked the whereabouts of permanent secretary I Ministry of Finance, Mr. Momodou Taal. He said Mr. Taal is beleaguered by neck problem and went for treatment in Denmark. He told the Commission that Mr. Taal would be helpful to them as he could provide them the details of all what transpired at the Land Sales Committee. He was asked whether he would be travelling out of the jurisdiction of the country which he replied in the negative, saying that he would be available anytime he is needed at the Commission. At this juncture, he was asked to stand down from the box.
Source: Foroyaa |
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