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Momodou
Denmark
11744 Posts |
 Posted - 19 Mar 2011 : 22:43:19
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Ex-Minister Sambou Testifies Before Commission on Land Allocation “I am a prince from Mansa Kolley, I have estates,” Says Ex-Minister Sambou
By Lamin Sanyang
19-03-11
The former Minister for Local Government and Lands Mr. Ismaila Sambou appeared at the High Court on Wednesday 16th March 2011, before the Commission of Inquiry on Land Allocation, to testify about his role as former Minister for Local Government and Lands on the allocation of lands and other relevant issues concerning the Ministry and the two Departments of Lands and Physical Planning.
The witness stood in the box and announced his full names. He said his names are Ismaila Kaba Sambou. He said he was appointed Secretary of State on the 24th March 2005. He said he was the Secretary of State for Local Government and Lands responsible for the NGOs and Religious Affairs. He said the Departments of Physical Planning, Lands and Community Development were under his Ministry. He also mentioned that the Area Councils and Divisional Committees were under the Ministry for Local Government. He said he took office from Mr. Manlafi Jarju in 2005. He said he was relieved from his cabinet appointment on Thursday 4th February 2010. He said he is currently The Gambia High Commissioner to the Republic of Senegal, Mali and Guinea Bissau.
He said the Departments of Lands and Physical Planning are key departments in the Ministry for Local Government and Lands responsible for the judicious administration of lands and also responsible for the effective and efficient management of the land resources of The Gambia. He said it is in this regard that the Department of Lands has since in 2001 effectively been in the National Geography for the Gambia. He said the establishment of Lands resource and information centre were started with the assistance of the Netherlands. He said the department of Physical Planning emerged from the preparation by the German Company GTZ in 1982 of a physical plan of the Greater Banjul Area which, he said, was to expire in the year 2000. He said it is still not renewed. He said it was in this regard that he wrote to the Executive Secretary to the United Nations to request for assistance. He said the request was not fulfilled and the two departments have had no main external assistance for sometime.
Ex-Minister Sambou said that taking decisions on major policy matters are referred to the Cabinet. He said he did not give instructions as to how technical work should be conducted which he said was the responsibility of the consultant. He said the Permanent Secretary advises him on professional or technical matters that he took from the Departments of Lands and Physical Planning through the Deputy Permanent Secretary Technical.
He was asked about the National Planning Board which he said was more of a technical nature and was not his domain. He said it did not exist the time he took office. He was asked about the planning authority. He said that deals with the Departments of Lands and Physical Planning to endorse or reject issues brought before them. He was asked for his role in the planning authority. He said he is professional and he is not an expert in the area. He was asked whether the Sallaji Layout was allocated at his time. He said it was not his time but it was the time of his predecessor, Mr. Manlafi Jarju. He was asked about the Sallaji Extension. He said he took it to the cabinet but before it was finalised the demarcation had been done. He said he had received reports that the pegs were removed from the place. He said before everything was completed he was relieved from office. He was asked about the procedure taking in Sallaji layout. He said the technical work was done and it was taken to the cabinet for suggestions. He said it was adjusted and taken to back to the cabinet before he was relieved from office.
He was asked about the look of the layout. He said it did not reach that stage when he was relieved from office. He said that was his first time but he emphasized that a draft is not the final plan. He was asked about the customary owners of the layout. He said he advised the technicians to contact the “Alkalo” because he was an Alkalo himself. He said he never went out with them but he was told that they followed the procedures. He was asked whether he was told the reason for the removal of the pegs. He said they told him the pegs were removed because the people were not interested in compensation but they wanted their lands for farming. He was asked whether the compensation in Sallaji was completed which he answered in the negative. He said some of the complainants said the money offered to them at the office of the Governor was small. He said whenever a complaint came he would summon all the technical people to hear the complaints. He said the change of use is endorsed by the planning authority and forwarded to him for approval. He said he always gave priority to Cemeteries and cannot remember where a cemetery was changed to residential. He said he has no authority to change something that has to go to the Cabinet.
Former Minister Sambou was asked whether the allocation of Bijilo Extensions A, B and C was in his time of office. He answered in the affirmative. He was asked whether he was in office during the AU Summit which he answered in the affirmative. It was put to him that records have it that he instructed the scouting of lands in Bijilo area for one of the visiting presidents to the AU Summit who wanted land but the land was demarcated and later sold to different people. He denied the allegation in strong terms. He was asked whether he gave land to the Land sale committee in Bijilo. He said he did not give any endorsement or recommendation for Bijilo. He was asked whether he approved all the documents of the Land Sales Committee. He said he had nothing to do with the Land Sales Committee and it had never come to his office. He was told the Commission was informed that the Department of Lands and Physical Planning scout lands for the Committee and the papers are forward to his office to sign. He said he has never signed any paper for the Land Sales Committee.
At this juncture, he took out a letter from his file that he said was from his predecessor Mr. Manlafi Jarju. He began to read the letter as follows, “I was appointed Secretary of State in March 2002. The most controversial area is in Bijilo. Investigations are submitted to the Ministry and the relevant authorities at the Office of the President and AG Chambers. The Bijilo and Tanji layouts are already allocated but the Sallaji layout is not allocated. The Sallaji layout is compensation for the people of Brufut…..” He was asked to stop. The document was copied and it was put in the files of the Commission of Inquiry on Land Allocation. He was asked whether that was a handing over letter which he answered in the negative.
”I cannot call that a handing over. There was no proper handing over when I was removed from office. The NIA officers that came to my office to collect the keys were making everything fast. They were rushing things. Every minute their boss was calling them on the phone,” The ex-minister said.
He was asked about the issue of one Amadou Sonko and he said his case was at the time of his predecessor. He said he called the technical experts and discussed with them to resolve the problem. He said he did not instruct them to compensate him. He said he told them to look on humanitarian ground for he has lost money that should be considered. He said he told them to see whether compensation is feasible or not. He was told the records provided to the Commission were that he instructed the Deputy Permanent Secretary Technical to write for compensation letter. He denied the allegations. He said the man should have applied as fresh applicant.
He was asked about the reduction of 800 metres in the Tourism Development Area TDA. He said he was not in office at the time. He said there was a big push and pull between the technicians of the Ministry and the TDA technicians. He said there was a series of correspondence between him and the then Tourism Minister Nancy Njie. He said the matter was taken to the cabinet. He said GTA under its former Director General Mr. Alieu Mboge was allocating lands within the TDA insisting that they were allocating lands for the development of the country. He said the President went to the place and was not happy. He was asked whether the Ministry did allocation in the TDA. He said nothing was done by the time he left office. He was asked about the review of allocation at TDA in 2008. He said it was at his time but it was at the technical level. He was asked about the Afro Investment Company in Sohm village in the Kombo East. He said he cannot remember the name but knows there was something in Sohm. He said the State Lands Act has mandated him as Minister for Local Government and Lands 50 percent share to allocate land in the state land area.
“The Indian investors said they want a land that is not far from the airport or the seaport. I sent some technicians to scout for land in Sifoe but there was no land. I contacted the Chief of Sohm and he showed his interest in the project.”
At this juncture, he read out the letter that he said was written by the Chief of Sohm to his office informing him that the land was available for the project. He said the letter was stamped and signed by both the “Alkalo” and Chief of Sohm village. He said he has never been to any village to discussed with the Alkalo or Chief about land. He was told the chief said he was the one who called him about the project which he answered in the positive. He was asked whether he was the contact person for the Afro Investment Company. He denied that he was not the contact person because he knows the implication. He said he was only a contact person for his Health centre. He said he did not introduce them to the chief. He said he did not force him. He said the project was not for Gas oil but it was Agricultural.
The former Local government minister was asked about the allocation to Sony Enterprise of land in Mandinaring Kombo North. He said he knows about the allocation of Gam-Petroleum in Mandinaring. He said that was the only time he went to the village. He recalled that the former Minister for Energy, Mr. Ousman Jammeh, once asked him about the Sony Enterprise and he replied that he knows nothing about the project.
”The former Minister of Energy came to collect my technicians and went with them to discuss about the allocation at the village. They brought the document for approval and I approved because my duty as an administrator is to approve.”
He was told that 45 plots were allocated to the staffs of the department of Lands at the Sallaji layout. He said he would not know because the files brought to his office come one at a time. He said he did not know the reason was to make him unaware of the things happening. He said that should be the responsibility of the Deputy Permanent Secretary Technical to scrutinize those files.
He was asked about the properties he owned. He said “I am a prince from Mansa Kolley, I have estates. I own no state land and the present Kombo Sifoe was founded by my grandfather. I gave lands to people and it is not necessary to mention names here,” Ex-Minister Sambou told the Commission.
He said some of his children are allocated to lands that is entitle to them. He was asked about the property of his wife. He said his wife has a compound. “I know you were told. She bought the land and I gave her the money to develop the land. The property is at Cape Point. I will not hide anything from you.”
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11744 Posts |
Posted - 23 Mar 2011 : 17:33:26
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URR, WCR governors testify at Lands Commission
By Sanna Jawara
Wednesday, March 23, 2011
As proceedings into the ongoing Lands Commission chaired by Justice Mahoney at the High Court in Banjul progresses, more witnesses continue to give their evidences. Two top regional officials yesterday in the persons of Alhaji Omar Khan, governor of the Upper River Region (URR) and Alhaji Lamin Sanneh, governor of the West Coast Region, testified before the Lands Commission.
The evidences of the two regional governors covered their responsibilities as regional administrative officers, allocation of lands within their respective areas, among others. Governor Alhaji Omar Khan was the first to testify and he informed the Commission that, on the 21st November 1989, the government of The Gambia approved a directive that created lands in provincial centres like Bass. He explained that the land created in Basse composed of residential, commercial, agricultural and other related land uses. The Commission asked Governor Khan as to whether there was any customary ownership within the Basse layout. He said by the time the said layout was created he was not in office and as such he cannot tell whether there is any customary land use or not.
Governor Khan, however revealed to the Commission that the Department of Physical Planning and Housing came to the site to find out who and who should be compensated before the Cabinet approved the plan. The URR governor’s revealation prompted the Commission to ask whether records of what he said were there. Khan said that despite he was not a governor at the said time, he believes the records of such must be there.
About Basse-Mansajang Kunda allocation
The URR Governor was asked to explain the circumstances surrounding land allocation in Basse-Mansajang Kunda in 2006, among other things with respect to land allocation procedures. According to him, people applied for land through the planning authority, the Department of Physical Planning and Housing made a sketch plan of the area and it was approved with attached terms and conditions. The governor explained that the main terms and conditions for allocation of land in the said Basse-Mansajang Kunda layout were that those allocated land must initiate development on the land within two years of allocation and they should not sell the allocated land without approval of the planning authorities.
Further giving his evidence before the Commission, Governor Khan said the planning authority composed of the chiefs, alkalos, officials of the Local Government Area Council, the governor and officials of the Department of Physical Planning and Housing. The URR governor insisted that those allocated lands made an application through the Department of Physical Planning and anyone found allocated in a wrong place will be evicted inline with the land administration for the use of the land in question. “For example an individual is allocated a land for residential use within agricultural area will be evicted, because the place is meant for agriculture not residential purpose,” the URR governor explained. He told the Commission that one Kebba Susoho was compensated a land in Basse, but Modou Gaye was allocated based on his application on the grounds that he was going to build a Madarasa.
Koba Kunda layout extension
The Commission questioned the URR governor about the procedure used in creation of the Koba Kunda layout extension, and he responded by making reference to what he called the request made for extension of the said layout due to the need for land. According to him, a request for an extension of the layout was sent to the Ministry of Local Government and Lands and it was approved. After the approval, he stated, officials of the Department of Physical Planning and Housing in Banjul came to the site for survey in 2008 and allocations in the extension were completed.
Governor Khan further informed the Lands Commission that people applied for land by filling forms and the allocation was based on first come first served and also based on the need for land by the applicants. The URR governor said he cannot recall any re-entry exercise as the head of the region. Governor Khan at the end of his evidence made some suggestions to the Lands Commission. The URR governor recommended for an effective and efficient land management within the growth areas like Basse so as to avoid land disputes.
Governor Alhaji Lamin Sanneh
Governor Sanneh was the next person to testify after Governor Khan. He informed the Commission that he was appointed governor on the 23rd of June 2008 and Abdou Badjie was his predecessor. The West Coast Region governor said there are two types of lands within his region such as the state and provincial lands. He described the state lands as those belonging to the state and provincial lands as those belonging to customary land owners. He said his role entailed among other things soliciting lands for the state for the purpose of building schools and other important projects whenever the need arises through consulting local landowners.
He was questioned whether he had any idea about an Indian Company called Agro Investment Company in Sohm Village of the Kombo East in the West Coast Region, the WCR governor said he had no idea about the said company. When shown a leased document of the company for identification, Governor Sanneh replied in the positive with detailed explanation that the community of Sohm Village brought a document for his approval and he approved it, but he has no idea as to how the land was acquired. He added that he has no idea about the size of the land.
About Sony Enterprise in Mandinaring
When asked to explain what he knows about the Sony Enterprise in Mandinary, the governor said he found out that the said company was already allocated land and as such he cannot tell whether there were consultations between the community and the company officials, because he was not in the office at the time. However, the West Coast Region governor admitted that the alkalo of Mandinary lodged a complaint to him about the allocation of land to the said company. Governor Sanneh told the Commission that consultation is very important in land allocation related matters because such will greatly help him as the governor to advise people about land allocation issues so as to avoid problems.
The governor was asked to cite series of consultations he made in soliciting lands for the state to build different projects such as schools, police station, among others. He said he received land related complaints on a daily basis and these complaints comprised of both agriculture and residential lands either between family members of the Kabilos. The governor renewed his call over the need for people to be contacting his office or any other governor’s office in land allocation related matters. “There is need for people to contact offices of governors and other land authorities before allocating lands to potential buyers, because our lands are going into the hands of foreigners. Some people will come and apply for lands for a purpose within two or more years they will turn the land into another use and even end up selling them to others. They should be seeking advice of the governors before selling lands, our lands are becoming scarce and there is a need to address the issue,” Governor Sanneh told the Commission in response to a question as to whether he has anything to tell the Commission.
He gave a brief explanation about an agricultural land located in Makumbaya, which was turned into a residential land. According to the governor, the said land has a long history right from the 1990s when he (Sanneh) was a teacher at the Makumbaya Primary School. He then made reference to a meeting convened by the village alkalo for clearing of the said land.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11744 Posts |
Posted - 24 Mar 2011 : 20:49:38
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Two Regional Governors Testify Before Lands Commission
Lamin Sanyang
23-03-11
The Governor of West Coast Region (WCR) Lamin Sanneh and the Governor of Upper River Region (URR) Omar Khan have on Tuesday 22nd March 2011, testified at the Commission of Inquiry on Land Allocation about the allocation of land in their Regions.
The Governor of Upper River Region (URR), Omar Khan stood in the box and announced his full names. He said his names are Omar Abu Khan. He was asked about the allocation of institutional reserved land in Basse Mansajang which he said was allocated in 1989 and was approved by the Cabinet. He said the place has a map. He was asked the effect on the customary owners. He said he was the Commissioner at the time and all the customary owners were compensated by the government. He said the Department of Lands carried out a survey of how agricultural lands should be compensated at the time before the plan was finally approved by the Cabinet. He was asked about the records. He said it was a long time, but said he should have the records since he was the Commissioner at the time.
He was questioned about the allocation of certain reserved land in Basse which he said was allocated in 2006 and that people applied through the authority for institutional use. He said the Physical Planning has prepared a sketch that was approved by the authority with conditions. He said the conditions are that development should be initiated within two years and that the land should not be sold without the knowledge of the planning authority. He was asked about the planning authority which he said was composed of the Governor as chairman, District chief, the “Alkalolu” of the satellite villages, Physical Planning and the Area Council. He was told somebody applied for land at the said area and later used it for residential purpose. He said that is wrong and the land is forfeited. He was told about the complaints of Mr. Susso, one of the customary owners of the place. He said since the government paid all compensation, the land is now a reserved for the State. He said Mr. Susso was not compensated but he was allocated another place by Physical Planning. He was asked about the allocation of Alagie Modou Penda Gaye at the said area. He said it was allocated for (Madarassa) Islamic School. He was asked whether the project started and he said it was the responsibility of Physical Planning to check. He was told the project owner has a problem with the customary owners. He said he was not aware, but said part of it was allocated.
Governor Khan was asked about the procedures for the Koba Kunda layout extension. He said it was in 2008 when the planning authority decided to extend the layout and the request was sent to the authorities. He said the Physical Planning officials did the planning and the surveyors came to put the pegs. He said the Ministry approved the extension. He said the allocation of the extension has been completed. He said the allocation was done by the planning authority. He said applicants filled forms. He was asked whether it was advertised. He answered in the affirmative. He said it was advertised over Radio Basse. He was told the Commission was informed that there was re-entry exercise in the whole layout. He said he was not aware.
At this juncture, he was asked whether he has anything to say. He said he thinks the government should pass a legislation to tighten the issue of land in the country. He said there are too many land problems. He said the general complaints in Basse are Agricultural land issues. He said the ADRS is so helpful to his office.
The Governor of West Coast Region (WCR) was the next person to testify before the Commission. He stood in the box and announced his full names. He said his names are Alhagie Lamin Sanneh. He said he was appointed as Governor in 2008. He was asked about his predecessor whom he said was Mr. Abdou Badjie. He was asked whether the West Coast Region has both State Lands Act and the Provinces Act and he answered in the affirmative. He said the State Lands Act covers Kombo Central, Kombo North and Kombo South while the Provinces Act covers Kombo East and the Fonis.
He was asked the procedures for the Provincial lease documents. He said the Provincial lease document goes to the Alkalo; District chief, Lands and later to him where he would approve it to the Ministry. He was asked about the Afro Investment Company in Sohm in the Kombo East. He said he came across it in the papers. At this juncture, a leased document of the Company was shown to him. He said the community of Sohm who are the property owners through the Alkalo of the village and the District chief brought the complaint to his office. He said based on consultation with the local owners, he endorsed it. He was asked whether he noticed the size is big which he answered in the affirmative. He was again asked whether he did not suspect anything at the time. He said he was told they have already done the negotiations, but what he could do was to advise them. He said he told them about the value of land and its scarcity in future. He was asked whether he did not have the mandate to stop them. He said he can only advise them.
Governor Sanneh was asked about the allocation of Sony Enterprise in Mandinaring in the Kombo North. He said it was allocated to the Enterprise before he became a Governor. He was asked whether he knows it was given by the community. He said he has no idea. He was asked about his reaction when the matter was brought to him. He said the “Alkalo” of Mandinaring, Fah Ceesay, came to his office and the matter was taken to the office of the Vice President. He said the Directors of Physical Planning and Lands were both present. He said they were advised to go back and treat the matter properly.
He said when the government wants land for a school; they would approach him to find the land. The document of one company in Jabang was passed to him; the document indicated that the “Alkalo” of Jabang was complaining that he was not consulted before the land was allocated to the company. He said he is not fully aware, he advised them to take the matter to the ministry for necessary action. He was told whether if he was consulted it would not have gone that way. He answered in the affirmative. He recalled the cases where he was consulted such as the village of Ndemban in the Foni. He said he was consulted where they discussed with the community and the project would soon complete. He also recalled the scenario of the new police station in Sibanor in the Foni. He said the government consulted him as a governor of the region and the station is completed. He said there are many of such examples. He was asked whether he knows about the allocation of land to Julakay Enterprise in Jabang. He answered in the negative.
He was asked whether he faces issues of land complaints. He said he faces land complaints everyday. He was asked the type of land problems he faces. He said they are both agricultural and residential lands. He said it is mostly customary ownership where two people or families would dispute over a land. He was asked about the case in Makumbaya. He said he would not talk as governor. He said he was a teacher at the time in the village. He said a man called Mam Saine gave a token to the then “Alkalo” of Makumbaya, Alhagie Kujabi. He said the size of the land is more than 1.5 kilometres in length. He said he was made to understand the land was leased.
Governor Sanneh also said the Social Security and Housing Finance Corporation (SSHFC) acquired a land in Brikama Jamisa where they are about to start work. He said there was resistance from the community who said the area belongs to them and need compensation.
He was asked whether he had anything to tell the Commission. He said most of the lands are sold to foreigners who are in recent years using it for agricultural and later for residential. He also said it is best before the technicians would give a go to the Ministry to consult the office of the Governor. The governor emphasised the need to consult his office before taking action. He said that would resolve some of the problems happening in the area.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11744 Posts |
Posted - 25 Mar 2011 : 14:06:24
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We were allocated 162 plots Witness tells Lands Commission
By Sanna Jawara
Friday, March 25, 2011
Khimji Pindoriya, an engineer working with Swami India International Ltd, yesterday told the ongoing Lands Commission chaired by Justice Mahoney that land authorities in The Gambia allocated a total of 162 plots of land to his company.
The Indian Company representative was responding to series of questions posed to him by members of the Lands Commission. He was the second witness to give evidence after hearing from Mr Anil Kumar Kedia of the Afro Natural Products Company, another Indian Company based in Sohm Village of the West Coast Region of The Gambia. According to the second witness Mr Khimji Pindoriya, the Swami International India Ltd, was formed in 2004, but started operations in 2005 through drilling of boreholes.
Further responding to questions from the Lands Commission, the Indian Company representative revealed that his company applied for land at the Department of Lands and Survey, and they were allocated a total of 162 plots within the Coastal Layout. He said they completed payment for the said plots. He also told Commission that the company made three installment payments for the said land and they intend to finish development of the said plots this year, 2011. Asked whether after the allocation, his company changed the design of the plots within the layout, he replied in the affirmative, saying his company was given plan of the plots within the layout. He however said they changed the design themselves.
He acknowledged that there was a reserved within the layout and other amenities including a mosque, but his company made an application for the removal of the mosque and the application was granted by the land authorities. This explanation made the Commission to ask the witness to bring a copy of the approved letter for removal of a mosque and he agreed to do so.
Afro Natural Products in Sohm
Mr Anil Kumar Kedia, who was the first witness to give evidence on the day, informed the Lands Commission that his company is engaged in agriculture related activities and that it was formed in 2005. According to him, they applied for land through the Department of Lands and Survey and were allocated land in 2007 in Sohm Village, Kombo East of the West Coast Region.When asked to explain the procedure involved in acquisition of the said land, the witness said he personally was not directly involved in the process of acquiring the land, instead it was the former head of the company who is no longer with the company and as such, he couldn’t explain the exact procedure involved, but confirmed that he is now coordinating activities of the company.
“I am now controlling the affairs of the company. At the time of forming the company, a project report was made in India and this recovered bio-diesel which involved planting of a tree for the purpose of the company’s business. After the allocation in 2008, it came to my notice that the government of The Gambia did not like bio-diesel trees, instead they preferred agriculture food related activities. This made the company to apply for the change of use of the land into agriculture and the application was approved,” the Indian Company witness explained to the Commission.
He was questioned as to which of the department they submitted their project report, he replied by saying he thought it was the Ministry of Local Government and Lands. He said that when they acquired the land, it was bushy and filled with trees. The witness was further asked to bring copies of both first and second leased documents of the land and he agreed. However, the witness said, he believed that the first leased document must be in his previous house in Manjai Kunda, where his landlord ejected him.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 25 Mar 2011 : 15:01:25
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Mr Anil Kumar Kedia, has been put on the spot it appears,he suffers from "lost" paperwork and has been given his predecisor's problems to sort out.  Everything is very clear now !
And here are a couple of quotes from the piece above:
"it was the former head of the company who is no longer with the company and as such, he couldn’t explain the exact procedure involved,"
"He was questioned as to which of the department they submitted their project report, he replied by saying he thought it was the Ministry of Local Government and Lands. He said that when they acquired the land, it was bushy and filled with trees. The witness was further asked to bring copies of both first and second leased documents of the land and he agreed. However, the witness said, he believed that the first leased document must be in his previous house in Manjai Kunda, where his landlord ejected him." |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 25 Mar 2011 15:02:54 |
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Momodou
Denmark
11744 Posts |
Posted - 25 Mar 2011 : 21:03:21
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AT THE LANDS COMMISSION Representatives of Two Indian Companies Testify
By Lamin Sanyang
25-03-11
Representatives of two registered Indian companies operating in the Gambia, Afro Natural Products Company Limited and Swami India International Limited on Thursday 24th March 2011 at the High Court complex testified before the Lands Commission about the allocation of land to them and other relevant issues concerning the operation of their companies in the country.
The Afro Natural Products was represented by Mr. Anil Kumar Kedia. He stood in the box and announced his full names. He said he is an Indian national. He said he is a businessman. He said he lives somewhere around Jimpex.
Mr. Kumar was questioned when Afro Natural Products started operation the country. He said it started in 2005 as an agricultural business. He said they have applied and acquired land in 2007. He was asked the place the land was acquired. He said the land was acquired in Sohm in the Kombo East District. He was asked about the procedure that was taken to acquire the land. He said he was not an active member at the time of acquiring the land. He said there was a Regional Director who was in charge of affairs at the time. He said the man is no more working with the company. He was asked whether he was not brief. He answered in the negative. He told the Commission that the project report was prepared in India. He was asked the details of the project reports. He said the project was about bio-diesel. He mentioned a particular tree that he said is use to produce the substance.
He said it was in 2008 that they came to realize that the government was not interested in the bio-diesel project but are interested in agricultural food products. He was asked whether he has a document from the government to indicate its lack of interest in bio-diesel. He said he only saw it on the internet. He was asked whether he did not receive any written document from the government. He answered in the negative. He was asked whether the bio-diesel project did not kick off and he answered in the positive. He was asked whether the authorities were informed. He answered in the affirmative. He said there was a change of use and it was approved. He was asked whether he has the document which he answered in the affirmative. He was asked the department that they were corresponding with at the time. He said it was last year but said he thinks it is the Department of Lands.
Mr. Kumar said the land at Sohm was a thick bush at the time and it was cleared by them. He said the land was extended to one hundred and twenty hectares of cashew plantation. He said the leased was change in the process of preparing a change of use document. He was asked whether he has the copy of the first leased document which he answered in the positive. He was told to bring the copy to the Commission in the following day. He told the Commission the property where he used to live in Manjai was given to somebody at his absent and some of his things are still at the place. He was asked the whereabouts of the land lord. He said the landlord lives in Banjul.
He told the Commission that Afro Natural Products Limited was a registered company before the leased document was prepared. He was asked to step down from the box.
It was the turn of the Swami International Limited representative to testify before the Commission. The company was represented by Mr. Khimji Pindoriya. He said he is an Indian national. He said he is an engineer.
He was asked how the company acquired the land. He said they came to the country in 2004 and started operation the following year, 2005. He said they were drilling boreholes. He said they went to the Lands office for the acquisition of land. He said they were informed that land was available at the Coastal layout where they agreed on discount price. He said they told the authorities that if they are going to buy hundred and sixty two (162) plots; that they should make a discount of 40 percent. He said the payment was done at the Ministry of Finance. He was asked whether the payment was made in full. He said the payment was done in installment. He was asked whether they have finished the payment which he answered in the affirmative. He was asked the amount that was paid. He said it was 15.3million dalasi. He was asked whether all the plots are at the same location and he answered in the positive.
Mr. Pindoriya was asked whether a plan was given to them which he answered in the affirmative. He said the initial plan was given to them by the Department of Lands, but said they changed the plan and designed their own. He was asked whether the plots were demarcated in the plan that was given to them. He answered in the positive. He was asked whether there was any reserve land for playground. He answered in the affirmative. He said there was a reserve for playground, mosque and hospital and so on. He was asked whether they have the layout plan which he answered in the affirmative. He was asked whether they made any change in the plan on the ground. He said they removed the mosque. He was asked who gave the authority. He said they wrote a letter to the Physical Planning and it was approved. He was asked whether they have a copy of the letter. He answered in the affirmative. He was asked whether the mosque that was removed was in the layout which he answered in the affirmative.
He was asked whether roads were not blocked in the layout. He noted that a number of roads were blocked temporarily for security reasons. He was asked when they intend to remove the blockade on the roads. He said at the end of the year. He was asked whether they intend to complete development at the end of the year. He answered in the affirmative. At this juncture, he was told to provide the copy of the plan given to them when they bought the 162 plots. He was also told to bring the copy of the approved letter for the removal of the mosque. He was told to provide them the following day. He was asked whether the plot sizes were not reduced which he answered in the negative. He was asked to step down from the box.
PS Finance Testifies Before Lands Commission
The Permanent Secretary at the Ministry of Finance and Economic Affairs Mr. Serign Cham, Wednesday 23rd March 2011, at the High Court complex in Banjul testified before the Lands Commission about how the Land Sale Committee sold lands to two members of the aforesaid committee.
Permanent Secretary Serign Cham was reminded that he was under oath. The first question put to him was the 40 percent discount made for the Swami Industrial. He said at the time he was not the Permanent Secretary. He was questioned about the size of the property that was sold to him at Kanifing. He said he thinks it is 30 by 35 meters. He said there was no document to indicate the size, but said he used his own estimates. He said his understanding at the meeting was that the property was not leased.
He was asked whether the size was not discussed at the meeting. He said it was not discussed, but usually when he sees a land he can tell the size. He was asked about the size of the land sold to the other committee member, Mr. Momodou Taal. He said he thinks it is about 25 by 25 meters. He said the matter was not brought at the meeting. He was asked how valuation of the two lands sold to them was arrived at the meeting that was chaired by him. He said valuation was arrived at through the GRA valuation for the sale of capital gain interest. He said the committee would also consider the location and size of the land.
He was asked how the land was sold to him and Mr. Taal. He said during the discussion at the Land Sale Committee meeting, they enquired the availability and the possibility of selling land to the committee members. He said he did not think the normal GRA valuation was taken. He said suggestions were made from the committee members. He said he mentioned to them that business should be based on business. He said the highest offer was two hundred and fifty thousand dalasi D250, 000. 00. He said that was the offer that he made and it was accepted.
PS Cham was told the Commission was informed the GRA valuation of land in Kanifing per meter is one thousand five hundred dalasi D1500.00. He was told to multiply the D1500.00 to his property in Kanifing 30 by 35 meters. At this juncture, he took out his mobile phone to calculate the amount and said it was D1.5million. He was asked how it was possible the property was sold at the amount of two hundred and fifty thousand dalasi D250, 000. 00. He said it was the committee that made the decision. He was asked whether the same procedure was taken in all the lands that the committee sold. He answered in the affirmative. He was asked whether the property was developed. He said the property is fence and a small house was built. He was asked whether the property of Mr. Momodou Taal was also developed. He said he is not sure but said there were some corrugated iron sheets.
He was asked how they were able to pay the money. He said it is a well known fact that civil servants can go to the Ministry of Finance to apply for such things. He said it was agreed that their salaries would be deducted for thirty six 36 months. He was questioned for the reason of claiming ownership of the property when the payments are not complete. He said they are not claiming ownership of the property. He said to sell a land and complete the payment is not the same thing. He said they have started the preparation of the leased document at the Ministry of Local Government and Lands.
He was asked the whereabouts of the other member of the Land Sale Committee, Mr. Momodou Taal who also bought a property from the committee. He told the Commission that Mr. Taal went for medical treatment abroad. He said he was reliably informed that he would come back at the end of this month. He was asked to step down from the box.
SSHFC MD Testifies
The Managing Director of Social Security and Housing Finance Corporation (SSHFC), Mr. Tumbul Danso, on Wednesday 23rd March 2011, at the High Court complex in Banjul testified before the Lands Commission.
He told the Commission how SSHFC acquired provincial lands and their partnership with the private land owners.
The witness was reminded that he was under oath. He was asked how SSHFC acquired provincial lands. He said it is part of Government’s Vision 2020 agenda to decentralize development with a view to transforming the country into a city state. He said the process of land allocation passes through the Regional Governor, District Chief and the village “Alkalo”. He noted that the Corporation usually contacts the Regional Governor who would in turn contact the District Chief, “Alkalo” and the traditional land owners for a meeting. He said the Physical Planning officials at the meeting would ask land for Housing Corporation. He said once land is available, decision would be taken whether it can be use. He said it is always under the authority of the Regional or District authority.Testifying on the process of land allocation, MD Danso said the Corporation usually writes application to the Regional or District authority who would forward it to the Ministry. He was asked whether the Corporation is part of the authority which he answered in the negative. He said once the application is received for Housing Corporation, the scout for appropriate location would be done. He was asked whether that was the procedure taken in all the lands SSHFC acquired. He answered in the affirmative, but said that was not the case in Brikama. He said the Corporation had approval for nineteen sites from the Regional authority. He said the lease documents are being processed, but said three or four of them are still pending.
He was questioned about the issue of compensation. He said compensation is done at a point when the project is about to start. He said compensation is given to the traditional owners for the lost of their farm lands through the Ministry. He said unfortunately, they have not got compensation for those outside the Greater Banjul Areas.
MD Danso was questioned about the partnership between SSHFC and the private land owners. He said so far the Corporation has one partnership and that is the one in Makumbaya village. He said the land at Makumbaya is leased and was for agricultural purpose. He said the land in question belongs to an individual. He was asked about the size of the land which he said is two hundred and sixteen (216) hectares. He said the agreement between the private owner and the Corporation is that the land owner would transfer the land to SSHFC. He said the land should not be in a problem. He said they agreed on the change of use from agricultural to residential. He said it is also part of the agreement that SSHFC would service the whole land after which the Corporation would be entitled to 70 percent of the land. He said the Corporation has got extra three hundred plots out of the 30 percent of the land owners share as subsidies. He said the matter was taken to the Corporation board of directors. He said “As at now we own our 70 percent plus the three hundred plots.”
He was questioned about the issue of change of use which he said is done by the land owner. He said the change of use fee would assert free because of the fact that the private land owner is surrendering 70 percent to government institution. He was asked whether the private land owner pays capital gain. He said he would not know. He was also asked whether there was any benefit for the community. He said it was a private property and the traditional owners would not have any benefit from that piece of land. He said when the land is taken from the community in that case they would benefit, but in this case it was taken from a private individual.
At this juncture, he was told to provide a copy of the partnership document, change of use and the agreement on the three hundred (300) plots to the Commission which he did. He was asked to step down from the box.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11744 Posts |
Posted - 03 Apr 2011 : 15:56:32
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AT THE LANDS COMMISSION Ex-Tourism Director General and others Testify
By Lamin Sanyang
02-04-11
Alieu Mboge, the former Director General of the Gambia Tourism Authority (GTA), on Wednesday 30th March 2011 at the High Court complex in Banjul, testified before the Lands Commission about the allocation of lands in the Tourism Development Area (TDA) during his term in office.
Former Director General of GTA
The witness sat before the Commission and announced his full names. He said he is a retired civil servant. He said he has retired in the year 1990 and was called back to service in 2008. He said he became the Director General of the Gambia Tourism Authority in March 2008. He was asked whether the GTA was handling land allocation prior to his appointment. He answered in the affirmative. He was asked the steps taken for the allocation. He told the Commission, the GTA operates under section 58 and 59 of the GTA Act. He said the Acts empowered GTA to allocate land within the Tourism Development Area. He was asked whether there was any Master Plan which he answered in the affirmative. He noted that there was a Master Plan that was approved by the government in 2007. He was asked whether it was displayed for public view. He said he was not in office at the time. He informed the Commission that his predecessor was Mr. Senghore who was later moved to the Ministry as Permanent Secretary.
He was questioned about the procedures for the allocation of land in the TDA. He said there were application forms which the applicants filled with a deposit of D20, 000.00. He mentioned about a technical committee that was responsible to scrutinize the applications. He said the technical committee comprised the Permanent Secretary, Director of Lands, Director of Physical Planning, Director of Tourism and so on. He said the committee scrutinized lands within the Tourism Development Area and make recommendations that are forwarded to the board for approval. He said it is based on the reports of the committee that the board would approve or otherwise. He told the Commission that one of the conditions is the person should develop the land within six months or the property would be forfeited.
At this juncture, he passed the documents to the Commission to check them.
Mr. Mboge was questioned whether the mandate was taken from GTA to allocate land in the Tourism Development Area. He said when the matter was brought to their attention they advised the Ministry that unless section 58 and 59 of the GTA Act is amended they would not stop. He said there was no official change of authority. He said “the Act was never revoked as far as I work at GTA until the time I left.”
He was asked about the issue of re-entries which he answered in the affirmative. He said the place is inspected to see the level of development taking place. He said those lands that are not developed are forfeited. He was asked whether he left a Master Plan at the GTA. He answered in the affirmative. He noted that the Master Plan was prepared in software. He submitted the final report to the Commission. He was asked about the reduction of the 800 meters in the TDA. He said he is not aware. He added that there was no official demarcation. He was asked about the issue of the customary land owners in the TDA. He said he has no knowledge, but said the TDA was divided in two zones. He was asked whether he has anything to say to the Commission. He said he felt the GTA should continue the allocation of land in the TDA.
Winston E Thomas
The witness stood in the box and announced his names. He said his names are Winston E Thomas. He said he is a farmer. He was asked the acquisition of land in the Coastal layout. He said the land was acquired eleven years back from the people of Yundum and the purpose was for farming. He said the property was leased. He said when the government wants to prepare a layout at the area he was approached. He said the agreement was determined by the Ministry of Local Government that he should get 50 percent of the land. He said it coincided that he owed the government through the Central Bank. He said part of his share was used to pay the Central Bank. He was asked whether he has documents to show the 50 percent agreement. He answered in the positive. He was asked whether there was any encroachment when he was using the farm. He answered in the negative.
At this juncture, Mr. Thomas was asked whether he has a copy of the leased documents, which he answered in the positive. He was asked whether the sketch plan was attached to the leased and he answered in the affirmative. He was asked to submit the copies of both documents to the Commission which he agreed to bring the next day. He was asked to step down from the box.
Alkalo of Wulingkama
The next witness to testify before the Commission was the ‘Alkalo’ of Wulingkama. He stood in the box and announced his full names. He said his names are Malamin Kala Bojang. He said he is the ‘Alkalo’ of Wulingkama. He said he assumed the position almost six years ago. He said Wulingkama is in the southern part of Brusubi. He said the village shares borders with Brusubi, Sukuta, Brufut and Sare Pateh. He said he is a native of Brufut and later moved to Wulingkama. He was asked whether he has claimed for land between Brufut and the sea. He responded that they have a share of property that was used for farming. He was asked how that was possible. He said they are citizens of Brufut that are entitled to the lands in Brufut and that the land in Wulingkama was their old farm land. He said he is talking on behalf of the Bojang kunda ‘kabiloo’.
The ‘Alkalo’ of Wulingkama was asked whether he has a personal property in the said area. He said he has a property inside Brufut. He told the Commission he did not totally leave Brufut because one of his wives and his children are living in Brufut. He was asked whether he was compensated lands in the Salaji layout. He responded in the negative. He said the place taken at the Brufut highway belongs to his ‘kabiloo’. He said the CSE construction company was camped at the Bojang kunda ‘kabiloo’ at the time of his late brother. He said no money was given to them and that the agreement was after the road construction the land would be returned to the ‘kabiloo’. He said when the land was claimed the then Minister for Local Government, Ismaila Sambou, told them the land belongs to the State. He said the ex- Minister told them government is planning to build a factory at the site. He said the ex-Minister Sambou told them that the land was taken by their boss. He said he asked him who was their boss and was told President Yahya Jammeh.
He said the former Local Government Minister told them that they are preparing a layout in Salaji and would be compensated. He said the land was shown to them but that they were not compensated. He said the whole of Brusubi was their farm land and they were only given 50 thousand dalasi for compensation. He said at the moment a demarcation is taking place at a place called ‘Allah Tentu’. He said the place was their farm land and no compensation is given to them. He was asked whether they were informed when layouts were prepared. He answered in the negative. He said it was only the last layout “Allah Tentu’ that officers from Physical Planning informed him. He said that was six months back. He was asked whether a plan was shown to them which he answered in the negative. He said they only saw the officials at the sites and were told government has taken the lands.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 03 Apr 2011 : 17:10:51
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Somebody got a bargain here only D50,000,for "the whole of Brusubi"
"He said the former Local Government Minister told them that they are preparing a layout in Salaji and would be compensated. He said the land was shown to them but that they were not compensated. He said the whole of Brusubi was their farm land and they were only given 50 thousand dalasi for compensation. He said at the moment a demarcation is taking place at a place called ‘Allah Tentu’. He said the place was their farm land and no compensation is given to them. He was asked whether they were informed when layouts were prepared. He answered in the negative. He said it was only the last layout “Allah Tentu’ that officers from Physical Planning informed him. He said that was six months back. He was asked whether a plan was shown to them which he answered in the negative. He said they only saw the officials at the sites and were told government has taken the lands."
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 03 Apr 2011 17:12:30 |
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toubab1020
12312 Posts |
Posted - 05 Apr 2011 : 16:17:43
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Hmmmmmmmm.
"The alkalo then explained in detail how some people tampered with documents which made him to change his official alkalo stamp. He informed the Commission about his having a clerk who helped him in writing and reading documents, but the clerk has his limitations when it comes to accessing some files in his custody."
http://observer.gm/africa/gambia/article/makumbaya-residents-storm-lands-commission |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11744 Posts |
Posted - 06 Apr 2011 : 21:25:43
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AMRC Operations Manager testifies at Lands Commission
By Abdoulie Nyockeh
Wednesday, April 06, 2011
Assets Management and Recovery Corporation Operations Manager, Sering Mass Loum, on Tuesday testified at the ongoing Lands Commission, which is chaired by Justice Mahoney and sitting at the high court premises in Banjul.
In his testimony, Loum told the commission that he is a resident of Old Jeshwang and that he joined the AMRC since 1991, as an assistant manager and now the operations manager.
When asked to explain the procedures for getting land from the AMRC, Loum said when somebody buys land from the AMRC, the approval will be made by the Managing Director of the AMRC.
He said the approval is conveyed to the buyer, and the buyer will pay the price of the property at the cashier at the AMRC office.
According to him, the cashier will collect the money and issue a receipt to the buyer.
Still testifying before the Lands Commission, Loum said the cashier will pay the money into the AMRC account at the bank.
The operations manager said the procedure is that the person will normally come to the AMRC and pay, so that his or her details will be collected and written, and a receipt will be issued to him or her.
He said the money will then be collected and paid to the bank account of the AMRC, adding that those who pay directly to the bank account will come to the AMRC for their details to be processed as part of the transaction.
When he was shown a file for inspection, Loum told the commission that one Ousainou Jeng was representing Modou Secka, and Ousainou Jeng was coming with the money for the transaction at the AMRC.
He said Ousainou Jeng personally bought a property from the AMRC that was forfeited from one Abdoulie Bojang in Fajara, and sold to Ousainou Jeng on behalf of Modou Secka in the sum of D508,000 and a lawyer was assigned to prepare a deed of assignment.
He said Ousainou Jeng later sold the property to one Matarr Faal, and that the AMRC had never dealt with Modou Secka.
Loum added that he could only remember the Fajara house transaction involving Modou Secka, and Ousainou was the only customer to AMRC.
When he was asked about one Alhagie Jawara, he said the said Alhagie Jawara got a property in Bijilo, and AMRC expressed interest in it.
He said the property was 100 x 232 m and it was an agricultural land, adding that the AMRC effected the change of land use, and this was done by the AMRC Managing Director.
He promised to tell the AMRC Managing Director that the commission wanted to look at the said file. He insisted that the AMRC had never dealt in any transaction with Modou Secka, saying that the AMRC all along was dealing with Ousainou Jeng.
Alhagie Jawara
Also testifying before the Lands Commission, one Alhagie Jawara a businessman explained his transactions with the AMRC.
He said he bought land from one Modou Faye in 1993 in Bijilo, adding that it was a customary land.
He told the commission that at the time of buying the said land it was already a lease, stating that the AMRC expressed interest in the land.
“I divided the land and sold a portion to AMRC. The size was 100 x 232 metres,” he explained.
He further told the commission that he sold the land to AMRC for agricultural purposes, and that he had all the necessary documents in connection to the said land.
At that junction he was asked the amount at which he sold the said land, and Mr Jawara revealed that he sold a portion of the land to AMRC for an amount of D9.5 million (nine million and five hundred thousand dalasis).
Mr Jawara was also told to provide the said documents to the commission.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12312 Posts |
Posted - 06 Apr 2011 : 22:27:39
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More and more is coming to light:
"Mr Jawara revealed that he sold a portion of the land to AMRC for an amount of D9.5 million (nine million and five hundred thousand dalasis)."
There is so much evidence before Justice Mahoney, and more and more coming almost daily,I really do not know how the judge is going to be able to give a fair and just report as to who has done what and when and who (if anybody  ) has been involved in corrupt dealings in relation to land in the Gambia,it would be better if a line were to be drawn over the whole affair and a NEW system of land registration devised and RECORDS kept so everyone knows who owns what and where,MAYBE the records could be kept electonically and dealt with under an outside contractor,a similar system as has been adopted for West African School Examination results.
Will this happen,I doubt it, as I have said before there is TOO MUCH MONEY made from land deals,which is very easy because no one knows who owns what in Gambia,apart from the fact that the State owns ALL OF GAMBIA.
Anyone going to post a reply to my comments with suggestions or observations of their own ? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 06 Apr 2011 22:28:37 |
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Momodou
Denmark
11744 Posts |
Posted - 14 Apr 2011 : 17:17:35
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More testimonies at the Lands Commission
By Sanna Jawara
Thursday, April 14, 2011
More witnesses have testified in the ongoing Lands Commission, chaired by Justice Basirou VP Mahoney, at the High Court in Banjul.
Yesterday’s sittings witnessed the testimonies of Modou Kujabi, Mam Sait Njie, who was involved in a land dispute with the people Makumbaya;Abou Dandeh Njie, former president of the Gambia National Olympic Committee (GNOC); Alkalo Dawda Jarju of Kombo Kerewan Village; Alkalo Cherno Bojang of Tanji Village; Modou Ceesay, a complainant; and Fanding Kanteh, a resident of Tanji Village.
Modou Kujabi, the first to mount the witness box, informed the Lands Commission that he is a native of Makumbaya Village and that the late village Alkalo, Omar Kujabi, was his grandfather. The witness recalled sometime in late 1990s, while he was in form four at St Peter’s High School, preparing for examinations, and after closing from school, the late Alkalo, in company of some villagers including Mam Sait Njie, called him and gave him a document to read, but he attempted to read the said document, Mam Sait Njie grabbed the document from him and indicated to the late Alkalo where to sign. “This development made me leave the scene to have my lunch.
Later in the evening when I asked my late grandfather what happened to the said document, he told me he stamped it and some village elders present thump printed it, because Mam Sait Njie said if he, the Alkalo refused to stamp it he would not fulfill the requests made by the villagers as the white people will not bring anything to the village. I then told my grandfather if Mam Sait Njie said such, then he must be misleading them because the document shown to me was from the Area Council. My brother, who is the current Alkalo is currently going to the Brikama Magistrates Court for the land in question,” the witness explained to the Lands Commission.
Mam Sait Njie’s reaction
The chairman of the Lands Commission, Justice Mahoney at the end of the evidence of the last village witness, asked Mam Sait Njie whether he had anything to say in connection to the land in question, he replied in the affirmative and then mounted the witness box. There he began responding to evidences of the witnesses from Makumbaya, with support of some documents alleged to be in connection to the land transaction he had with the villagers in 1989.
According to Mam Sait Njie, there is a set rule at the level of the district authority, especially on how things should be done and that there used be a regular meeting of district authorities held every Wednesday at the office of the district chief. “Any alkalo found wanting is usually dealt in accordance to the set rules. If any Alkalo is indicted, he would be dealt with and Makumbaya alkalo is not an exception. I have never seen this gentleman (Modou Kujabi) reading a paper from me. The procedure is that whenever a transfer of land is done, before leasing it has to be sent to the Alkalo then to the district authority,” he explained to the Lands Commission.
He then made reference to evidence of Modou Kujabi, who said the document given to him to read by his grandfather was from Area Council. According to him, if the said document was indeed from the Area Council, it would have been handled by the district authorities. Mam Sait Njie further contested the evidence of the witness with reference to where the witness said when he closed from school his grandfather gave a paper to read for him. “My lord this has never happened. What happened was that each elderly from all the Kabilo (ward) represented their Kabilos and I have the consent of all the Kabilos and I am having all the details with me. Another portion of the witness was when he said that the land transaction happened in 1990s.
My lord the land transaction that I had with villagers of Makumbaya happened in 1980s not 1990s. If the witness is saying in 1990s then he must be talking about another land transaction different from mine. There is a difference between 1990s and 19980s,” Mam Sait Njie challenged the evidence of Modou Kujabi, before he proceeded on to contesting the evidence adduced by Yankuba Jammeh from Makumbaya village.
According to Mam Sait Njie, he never went with the former minister of Agriculture in the First Republic, O.J Jallow to Makumbaya village for the land issue; that instead he personally negotiated the land allocation with elders of the village. Still denying evidences adduced by Yankuba Jammeh, the witness recalled an investigation launched into the land allocation issue led by the then police adviser, Famara R.I Jammeh, assisted by Commissioner of Western Region among others, which concluded that the land in question indeed belongs to him (Mam Sait Njie).
“The investigators met Makumbaya elders and at the end of the said investigation, Government told the late Makumbaya Alkalo, Omar Kujabi that Makumbaya land is part of the state land in line with the State Lands Act of 1991 and the Government also told the Alkalo that the Government allocated the said land to me. This assertion is indicated in a letter dated 14th June 1999 and the said letter is now in possession of the Lands Commission. In this letter the government indicated that an agreement was made between me and people of Makumbaya,” he further explained.
Further responding to evidence of the Makumbaya witnesses, Mam Sait recalled a petition made by Yankuba Jammeh to the Area Council by using names of the village youths and elders, which resulted in a meeting organised by the government, where Makumbaya villagers and himself were invited, but after several hours of meeting, the Government indicated that he (Mam Sait) got an entitlement over the land, that it belongs to him.
According to him, village elders present at the said meeting denied knowledge about the petition made by Yankuba Jammeh.Despite all these, he went on Yankuba Jammeh still refused to accept the decision of the government and he later sued the government, where the minister of Justice represented the government at the trial. He informed the commission that records of such are available at the Governor’s Office.
Still highlighting resistance of Yankuba Jammeh, Mam Sait Njie recalled that in December 2009 the said Yankuba Jammeh wrote a petition to the Office of the President alleging that he (Mam Sait) fell hundreds of cashew trees on the said land and this resulted in the launching of another inquiry into the matter. “The district authorities went to the site and found out that there was no singe tree felled.
The petitioner, Yankuba Jammeh was arrested, taken to the Banjul Police Station when it was realised that the allegations were all false. Yankuba further used names and thump prints of some people who are not even residents of Makumbaya, which led to his arrest together with former Makumbaya Alkalo. It was later discovered that Alagie Kujabi stole the stamp of the late Alkalo and backdated it to the late 1990s. I can also recall four names such as Alagie Kujabi, Babucarr Mendy, Bezenti Gomez, Yankuba Jammeh went to court at the Brikama Magistrates Court, where I was called to testify and this case is ongoing. I also denied comments made by Yankuba Jammeh that he attended meetings by representing his father. This is not true,” Mam Sait Njie informed the Lands Commission.
The further revealed to the commission that, it was only the said Yankuba Jammeh who came to the residence of he (Mam Sait) to asked for monetary assistance and he assisted him on the ground that, villagers of Makumbaya refused to give his father rice, sugar and money distributed in the village, the witness hinted the commission and said he though he cleared doubts regarding the issue before the commission.
A letter from the Local Government and Lands
Further commenting on the land dispute at the Lands Commission, Mam Sait Njie recalled a letter written by the Ministry of Local Government and Lands informing Alkalolu covering Lamin, Makumbaya, Mandinary, Kubuneh, Kubariko, Galloya, among others that lands in those areas are part of the state lands and as such they are allocated by the state for development. At this juncture the lands Commission chaired produced a document for the witness to inspect, after careful perusal over the document he replied that, there was nothing indicative of terms and conditions about the land in questioned.
Mam Sait Njie also said there was a compensation to the villagers in both kind and cash and that all the compound in the village had benefited from this compensation. After this explanation he gave a document to the Lands Commission for inspection, he described the said document as a resolution from the village Alkalo. In what seems to be an exchange of papers between the lands Commission and the witness, the Lands Commission again produced another document for the witness to identify, he replied by accepting that the document was the first allocation letter to him.
Asked as to how he acquired the land located in Lamin Village, he replied that similar procedures were followed in allocation of the said land. Quizzed as to whether the said Lamin land allocation got signatures of traditional owners, Mam Sait Njie replied by reading names of people from Lamin Village whom, he alleged have their signatures appended on it. He further read content of the said letter with respect to allocation of the land to him by Lamin Village elders together with the then Kombo North Chief, Doudou Touray.
“The Lamin Village elders consented to the content of the document, which was read to them in the language they claimed to have understood and this document was used at the level of the district authorities. The same thing was done in the case of the second land allocation in Makumbaya, the Alkalo himself went to the district authority, where he said an agreement was made for allocation of the land and the district authority have three Alkalos including the Alkalo of Makumbaya chaired by chief of Kombo North, Doudou Touray. The Makumbaya Alkalo attended this said meeting in his capacity as an Akalo of the village and the said informed the district authorities that a resolution was made, as such he (the Alkalo) stamped it.
About the change of use
When asked as to how the change of use was done?, Mam Sait Njie replied that he applied to the district authority, to the Department of Physical Planning and Housing and to then to the Ministry of Local Government and lands for approval.
According to him, before SSHFC can apply for the change of use of the land, they will have to see that all the necessary documentations are done and all the documents in connection to the land in question are already before the Lands Commission.
Modou Ceesay
Modou Ceesay was the third witness of the day and he informed the commission among other things that, he acquired a plot of land in Sukuta Village along the Coastal High way, but he was quick to say this was done before the creation and establishment of the said coastal high way. According to the witness, he bought the said land from one Sarjo Cham. He then produced documents of the land to the Lands Commission, which set the pace for him to leave the commission.
Alkalo Dawda Jarju
Dawda jarju, Alkalo of Kerewan Lamin in Kombo North, was also at hand to adduced his evidence and he was asked to explained circumstances surrounding a land acquired by the AMRC in his Village. According to him, one wollof man bought a land from him around the area believed be property of AMRC now. The Alkalo said he later received information that the man in issued sold the land to Suku Singhateh who later sold it to the AMRC.
However, the Alkalo further informed the Lands Commission through an interpreter that one woman lodged a complaint to him about the AMRC on her land, which shared border with the AMRC land. He said later both the AMRC and the woman in question later made a complaint to that effect.
Tanji Alkalo
Cherno Bojang, Alkalo of Tanji Village in Kombo South of the West Coast Region also informed the commission about certain land allocations in his village. The Tanji Alkalo recalled a land allocated to Abu Denton by his elder brother, who happened to his predecessor and he remember another land allocated to a white man along the Tanji Salanding area.
According to the village alkalo, he cannot say much about the land allocated to Abu Denton, because it was done in 1970s by then he was not the alkalo, but he can explained the allocation made to the white man. He revealed that the land allocated to the white man was 1000 meters and this said land was not leased.
“This land was not leased, because I personally visited the Department of Physical Planning and Housing, PS Saihou Sanyang at the Ministry of Local Government and Lands, the Governor’s Office in the West Coast Region and all of them said the land is not leased,” the Tanji Alkalo explained to the Lands Commission.
Fanding Kanteh from Tanji
Fanding Kanteh informed the Commission that, he is farmer and he did his farming activities in Tanji Village. He recalled series of land allocations made by their parents in the village. He then named such allocations made to Abu Dentong, A.A. NJie and another one made along the Tanji Salanding area. He denied being part of those who allocated these lands.
Abou Dandeh Njie
Abou Dandeh Njie, was the last witness for the day and his evidence covered a land he acquired in Tanji Village some times in 1970s. According to him, he acquired the land for an agriculture purpose through gardening. The witness recalled exchange of pleasantries made between him and some elders of Tanji Village headed by the village Alkalo, which was preceded by sharing of kolanuts, but he cannot remember the exact date of the allocation of the land.
Mr Njie further informed the Lands Commission that the site allocated to him was full of trees and he got the place cleared and started gardening by planting trees like mango, orange, horticulture, among others. According to him, he drilled a bore hole in the garden and even employed people from Tanji village, but this employment did not last owing to the fact that the village is a fishing village, where most people go to the beach. Asked as to what happened most recently with the garden?, Abou Dandeh Njie replied that as the garden was not sustainable he applied for the change of use of the garden and this was approved temporary.
“Through out the process of change of use of the site, no one in the village complained about. I informed them about it and they did not complained. I regarded myself as a native of Tanji, as such I always contributes towards development of the Village,” he explained to the Lands Commission, before he produced some documents for the inspection of the Commission.
Source: Daily Observer |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11744 Posts |
Posted - 21 Apr 2011 : 21:38:27
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More Revelations at Lands Commission
By Lamin Sanyang
16-03-11
The Permanent Secretary at the Ministry for Local Government and Lands Mr. Abdoulie Manneh, testified at the Lands Commission in Banjul about the sale of land.
Mr. Manneh was asked whether all the sales of the Land Sale Committee were endorsed by him and he answered in the affirmative. He was asked whether the committee can directly ask for his endorsement without following the normal process. He answered in the affirmative. He said most of the land sold by the Land Sale Committee were forfeited lands and re-entries. He was asked whether the Committee has done any allocation which he answered in the positive. He said a chunk of land was allocated at Bijilo Annex A. He was asked about the occupants of the place before the allocation. He said there was no occupant at the time. It was put to him that the “Alkalo” of Bijilo sold land to some people at the place. He said it is stated in the State Land Act of 1976 that all land belongs to the State which means the “Alkalo” has no authority to sell the land.
PS Manneh was questioned as to how Arab Gambia Islamic Bank (AGIB) acquired land from the Committee. He said it would be difficult to remember off record. At this juncture, a bunch of document was passed for him to refresh his memory. He still insisted that he has to go through the records.
He was asked the reason the Land Sale Committee did not attach the sketch plan and the size of the land to the documents of the lands sold. He said the committee identifies a land and advertises it to the general public where it would indicate the location, size and dimension. He said the interested person goes to the Lands Office to see the map and is taken to the site. He was asked whether all the lands are advertised which he answered in the affirmative.
Ps Manneh was questioned on how they arrived to the 40 percent discount for the Swami Industrial Company at the Coastal layout. He said it was advertised and apart from Swami Industrial Company, two other parties showed interest. He said they have all bid for a discount but the Swami Industrial Company bid for the least discount. He further said the other reason was that Swami wanted the land for a housing project and the end product is that the plots would be sold and Swami would pay grant duties to the government. It was put to him “what if Swami put a change of design for the layout”. He said he thinks the consensus was that Swami can do the development, but the layout cannot be changed. He was asked what would happen when the layout is changed. He said he would send the Director of Physical Planning to find out and send a report to him. At this stage he told the Commission that as PS he cannot take technical decisions without the technical department. He said he does ask the technicians to take action base on law.
It was put to him that certain members of the Committee were sold land which he said he was aware but did not know whether it was advertised as he was not in the country at the time. He was asked how the price was arrived at the meeting. He said he was not at the meeting and has not seen the documents. At this juncture, it was put to him that records have it that he attended the September meeting where the price was discussed and the document was passed for him to refresh his memory. He said he never saw the document but said it showed the members of the committee and not those who attended the meeting. He said when he returned to the country, he was briefed.
PS Manneh was questioned about the 50-50 agreement between the Ministry and Mr. Thomas in the Coastal layout. He said he knows that the land was forfeited from Mr. Thomas. He said it was not an ordinary forfeited land but it was something which he cannot remember without the document. He was asked about the partnership between AMRC and the local people who should pay the change of use fees. He said at any point in time, the person entitled to the land should make the payment. He said the same thing goes to the SSHFC. He further revealed that capital gain is not paid by the Lands registration. He was asked how SSHFC acquired lands in Brikama which he said through the local people. He was asked about compensation which he said is done by the ministry through the Governor’s office. He said the issues of lands in the provinces are dealt with by the District Authority, but the leased are prepared by the ministry.
He was asked about the reduction of the Tourism Development Area (TDA). He said he did not think there was any reduction. But he said he understands that in 2010, the Tourism Authority conducted a study to redefine the TDA. He was asked whether there was any transfer and he said he would not know because at the time, he was transferred from the ministry. He said the ministry is involved in the administrative aspect of the TGA. He said the local government is responsible for allocating lands in the TDA, but added that it does not mean that it should be done in a manner that would be negative to the development in the area. He said there should be consultation with the TGA because they are the ones who know where Five Star or First Star hotels are required. He said before any transfer, the application should be received by the TGA so that assessment would be done from both parties.
He said the leased document for the provinces is signed by the District Authority. He was asked about the change of use in the provinces which he said is the same procedure, but said he has never seen any change of use from the provinces. He was asked about the Afro Investment Company in Sohm Village in the Kombo East. He said at the time of the allocation, he was not in the ministry. He was asked about the Sony Company in Mandinaring in the Kombo North District. He said the Gambia Petroleum has fuel storage in Mandinaring; adding that after the opening of the plant, an industrial area was identified in Mandinaring based on the directive given to the Ministry to find more industrial areas. He said that was how Mandinaring and Brikama were allocated. He was asked whether the local people were consulted which he answered in the affirmative. He was asked about the compensation of the local people. He said Mandinaring is in kombo North and the State Land Act said that the land at kombo North is part of the State land. He said people misunderstand the concept of compensation. He said state land is state land. He said when somebody is disposed a land from farming, the law said the person should be compensated. He said it does not mean the person owns the land but has a user right and that user right should be compensated. He was asked when the locals were consulted. He said he cannot answer that, but the technical team should be in a position to answer that question. He was asked whether they have considered the health factors which he answered in the affirmative.
PS Manneh said the circumstances surrounding the allocation of Sony Company were well documented, but said it would be difficult to remember off record. He was asked which department should be contacted for the file. He said the file name is Sony Files; and that the Department of Lands and Survey should be contacted. He was asked about his personal properties and he said he only owns one property in Kotu layout where he lived. He said it was allocated to him in 1983. He was asked whether his immediate family owns a property which he replied in the negative. He was asked to stand down from the box.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Karamba
United Kingdom
3820 Posts |
Posted - 22 Apr 2011 : 02:58:30
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When will the Commission start asking witnesses about the massive land grabbing of Chief Yaya? He now has more land than anyone in the country. How much fair distribution are we talking about?
Unless the Lands Cmmission is ready to inform Gambians about Jammeh's massive grabbing, call it bogus. They are just in the game of waste time. |
Karamba |
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Momodou
Denmark
11744 Posts |
Posted - 07 May 2011 : 20:52:09
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Lands Director Testifies Before Commission
By Lamin Sanyang
06-05-11
The Director of the Department of Lands and Surveys Mr. Malamin Jatta and the ‘Alkalo’ (the village head) of Wulingkama in the Kombo North District testified before the Commission of Inquiry on Land Allocation at the High Court Complex in Banjul about the allocation of lands at Brufut in the Kombo North District on Thursday 5th May.
The Director of Lands asked the Chairman of the Commission to allow him to sit on a chair he said he was feeling pain in his spine due to the work he had done at a construction site. The request was granted and a chair was given to him. He sat in front of the court and faced the panel of Lands Commissioners to answer the questions posed to him.
He was asked about the land at Brufut near the Tourism Development Area (TDA) around the Gamtel. He said the customary site was removed from the Tourism Development Area after the Commission in 1994. He said the site was a sky line development area and it was not visible to put a layout at the place. He told the Commission that the Brufut ‘kabiloos’ were going to court for this particular area at the time. He was asked whether the removal of the site from the Tourism Development Area was documented. He responded that at the time he was going in and out of the country studying abroad. He said it was given to the Bojang Kunda ‘kabiloo’ by a court.
“The reason was because there was skyline development at the area. At the same time the AMRC had a problem with the African Centre for a prime land within Bijilo area. There was no land available at the time and it went further to Brufut where a space of land was found that was not risky to development. We approached the Bojang Kunda ‘kabiloo’ to leave certain area for government to allocate to AMRC,” said Director Jatta.
He said while the case was in court the Sannoh Kunda ‘kabiloo’ were allocating and preparing documents to the people within the customary area. He said that was before he became the Director of Lands. He noted that the then Alkalo of Brufut Pa Kalipha Sannoh was confronted about the issuing of documents and stamps to people but he denied responsibility.
Director Jatta informed the Commission that the Bojang kunda ‘kabiloo’ were not given any monetary compensation for their land that was allocated to AMRC. He said the ‘kabiloo’ preferred land for compensation which was given to them. He was asked whether it was documented or it was verbal. He said a of couple letters were sent to Lands Office and the office of the Vice President. He mentioned the land that CSE road company was using and the people of Manneh Kunda ‘kabiloo’, Sannoh Kunda ‘kabiloo’ and the Bojang Kunda ‘kabiloo’ were fighting for. He said the government had decided to take the land and used it for something that would benefit the whole settlement.
He was questioned about the procedures taken to prepare leased documents to the Bojang Kunda ‘kabiloo’ for the lands in Brufut area. He said the head of the ‘kabiloo’ would come with the beneficiary to the Lands Office where he (Director Jatta) would tell the Surveyor to go to the ground to prepare the sketch plan. He said the Local Government prepared leased documents for this particular area within the Tourism Development Area.
At this juncture, the Commission passed some documents for him to check them. He was questioned about the compensation of land to the Public Relation Officer (PRO) of the Libyan Embassy, Mr. Makalo and one Mr. Kebba Khan at the Sallaji Extension layout. He said these compensations were not in the Sallaji Extension layout. He told the Commission that the compensation to Mr. Makalo was a court decision. He said the Alkalo of Wulingkama was not compensated in the Sallaji Extension layout but that part of their family land was around the property of Mr. Makalo.
It was put to him that all the plans of Mr. Makalo and Mr. Kebba Khan are marked as Sallaji Extension layout and he said it was a mistake. It was again put to him that the documents of Jali Saikou Saho were marked as Sallaji Extension layout but he argued that, that was not the case. He was asked about the ‘industrial zone’ in Jabang which he said he was aware of. He said plots were allocated to the companies of Mr. Julakay Marenah and Mr. Alagie Conteh. He said it was not a drawn plot but it depends on the need of use. He said he knows the customary owners have to be compensated for loss of earnings.
Director Jatta was questioned whether the Old Jeshwang Highway were a reserve or not. He said, “I would rather request a piece of paper then I would explain it better.” A piece of paper was given to him and he made a rough sketch of the area on the paper. He explained to the Commission that at the time of constructing the new highway the plots close to the road were removed and compensated. He said some of them after compensation wrote for extension for commercial purposes. He said the Alkalo of Old Jeshwang claimed ownership of the place where the Elton Fuel Station is situated and he was compensated. He told the Commission that the Old Jeshwang Alkalo Mr. Karamo Ceesay was compensated for 18 plots in the Old Jeshwang Layout. He said at the time Manlafi Jarju was the Minister for Local Government and lands.
“The Alkalo of Old Jeshwang, Alagie Karamo Ceesay was compensated for 18 plots in the Old Jeshwang layout for his land at the Elton fuel Station on the highway. The records are at the Lands Office and the Ministry for Local Government and Lands,” he told the Commission.
He further informed the Commission about the activities of the Old Jeshwang Alkalo during the allocation of the Old Jeshwang layout. “It was the same Karamo Ceesay who came with papers going around telling us to allocate Mr. X to plot number 5 and Mr. Y to plot number so and so. It is in the files at both the Land and the Ministry.”
He was asked about the confirmation letter of the commission to give the land to the Bojang Kunda ‘kabiloo’. He noted that the copies of the letters are in the files at the Ministry and Lands Office. At this juncture about 33 photos of plots with buildings were passed to check whether he would recognize them. He said he recognized most of the photos. He told the Commission that he was the person who constructed most of them. He was asked the names of the owners and he mentioned names of individuals. He was asked the whereabouts of the owners of the plots but he said most of them are not in country. He told the Commission that most of them are living in Europe and the United States. He mentioned some of the plots belongs to his brothers and one was owned by his son. He informed the Commission that he is responsible for keeping most of the plots for their owners. He said he is planning to move with his second wife to the plot of Ebrima Camara upon completion.
Hearing continues on Tuesday.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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