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 Politics: Gambian politics
 Land Disputs: Government Authorities Should Act
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Momodou



Denmark
11735 Posts

Posted - 07 May 2010 :  21:09:33  Show Profile Send Momodou a Private Message
Dailynews Editorial: Local Government Authorities Should Act Now To Avoid Land Disput

As we go into the rainy season many communities are already head long into land disputes. These communities are not coming into terms with each other concerning land to cultivate. For most if not all of them land is their source of survival and income. We therefore call on the local government authorities to avert any possible escalation of communal disputes, which could be expensive if the right actions are not taken at the right time.

Currently the people of Perai Village in the Upper River Region, and their neigbours Walli-ba Kunda are not in the best of terms as to who owns a piece of land that stretches between them. The land in dispute has been in use for almost over a century by the people of Perai, but the people of Walli-ba are saying that, it is their fore fathers who lent the land in question to Perai.

What ever may be the truth, since there is misunderstanding between the two communities who have lived side by side for many years, if such is creeping up, it is only in the interest of peace that the authorities act and act now to avert any unfortunate incidents. It is reported that these two communities are trekking to and from Governor’s office and that of the Chief.

The matter looks like both the Governor and the Chief are running away from taking a decision. The Chief who was first met by the people of Walli-ba did ask for continued farming of the land until after the rains, but that does not seem to go down well with Wali-ba and a demarcation of boundary between the two as a mechanism to determine who owns the land was demanded.

The Chief said it is beyond him, and that the matter was referred to Governor Khan. Since then the Governor has asked for a stay away from the land, despite the fast approaching rains, and the fact that the land in question is for agricultural purpose. What makes the whole situation more frustrating is the fact that those who (Perai) were asked to stay away from using it for farming pending a final decision from him the governor, went to meet the him at his invitation but was not available on two occasions.

The boundary between the two villages has been the subject of dispute for some time now. For almost every chief in the district has intervened. At one time a group district tribunal has settled the matter by indicating that the stream that lies between the two villages be the natural boundary. What the Governor can do now, is to consult with records at his office and at the level of the district chief as guidance for a settlement.

Governor Khan should take a cue from his colleague at Central River Region (CRR), where the Governor Touray is mediating in the Choya-Sare Bakary land dispute. No time should be wasted and the quickest intervention is the right thing to do. No waste of time, for it can escalate. Whose fault will it be then?

Land issues are delicate matters across the country; almost in every district tribunal land disputes constitute 75 percent of their cases. We have seen what has happened in the Babylon land dispute, also in Dimbaya. In all these cases the matter really escalated and turns out ugly. What Gambian saw on the GRTS television news was just horrifying.

To avert the same thing in all land disputes it is the local government authorities who should act and the actions should be timely. Matters like what is looming between Perai village and Walli-ba should be given utmost attention by both Governor Khan and Seyfo Julaba Kora of Tambansnasang. The writings are clearly on the wall.

Disputes are matters for people to dialogue to come to a reasonable agreement, and some body must lead. The local people have gone to the right people and authorities; it is then left to those authorities to act, and act now in the interest of peace.

Source: Dailynews

A clear conscience fears no accusation - proverb from Sierra Leone

toubab1020



12312 Posts

Posted - 07 May 2010 :  21:35:09  Show Profile Send toubab1020 a Private Message
I think EVERY straight forward responsible honest person would think that land holding in The Gambia should be LEGAL AND CLEAR,only one problem a lot of money can be made by selling the same land many times to different people,there is a case going through the courts at the moment:

http://www.gambia.dk/forums/topic.asp?TOPIC_ID=9079

Reform is long overdue,but as there is money to be made reform may take a long time and in the end still not be clear and fair (yes folks Corruption ) so don't hold your breath,many have had their fingers burned and had to walk away because unless you have money to spend on investigation by the right person and legal fees payable to a reliable lawyer, court fees,this is more than likley to be a greater expense than "buying" the land originally.
I also have my doubts as to the influence that The Dailynews has with the Administration.
So I would think that its pretty certain that change will not come quickly.

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

Edited by - toubab1020 on 07 May 2010 21:36:08
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Momodou



Denmark
11735 Posts

Posted - 07 May 2010 :  21:44:10  Show Profile Send Momodou a Private Message
Land Dispute Threatens Farmers’ Survival
By Saikou Jammeh


"Here is my only farm. At times I grow coos, maize or groundnut to preserve the nutrient content because this is my only plot," said Mr. Mori Keita, standing on his farm.

According to Mr. Keita, he inherited the plot from his father, who as well used to cultivate it and it has been the sole source of income for him and his family.

However, moving around the country, one would notice that preparation for this year’s farming season is in high gear. Farmers are seen clearing their farms, whilst others await the first rains to cultivate their crops. But Mori’s this year’s farming activity; the survival for him and his family is in limbo.

"The Governor [of URR, Khan] asked us to wait for him" he said in a rather desperate tone. And the pronoun "US, "connotes, Mr. Mori shared this predicament with many other villagers, who were as well asked by the Governor to wait for him.

This decision came hard on the heels of a land dispute between the neighboring villages of Perai and Wally-Ba Kunda, all of Tumana District in Upper River region.

These are two villages that "co-habited peacefully" despite ethnic difference, but are today seriously divided over a piece of land. Each claiming ownership over a stretch of land amid intimidating spat.

And it appears that unless timely intervention is sought, the consequence of the dispute may not be desirable as either is not willing to let go off the land easily.

"The government troops will come and kill us all here, but we cannot abandon our farmlands. That is our only means of survival here in this village," the villagers of Perai told this reporter.

"This is our land" also said the village head, Sunkary Sano, 90. "We have been farming on this plot for over 100 years. I am the ninth Alkali here."

He said he has sent a delegation to the Governor, but they were asked to wait.

"Look everyone is clearing their farms except us. If we do not work on our farms it means we will not survive," Mr. Karanlang Sano, a village elder said.

However, the Alkalo of Wally-Ba Kunda Musa Jawo said they settled in the area before Perai and it was the founder of their village who gave the founder of Perai the area to farm on, but not to take it permanently. "How can you claim ownership of a land that is not yours," he said.

Jawo said he would not entertain further discussions on the topic, as he awaits the Governor’s verdict.

Two other neighboring village heads; Mari Mballow and Musa Jawo of Temanto and Banu Kunda respectively also admitted that Wally-Ba Kunda settled first, but were not clear as to who owns the land in question.

The Governor Khan of Upper River Region was contacted but he directed this reporter to the Chief of the area.

In an interview with the chief, Julaba Kora, he said that Wally-Ba Kunda had this year complained to him of Perai’s encroachment on their land, but he had advised them to wait until after the rainy season.

He said he however referred the matter to the Governor, whose decision, he too, was waiting for.

This dispute, both villages admitted has been ongoing for several years. Perai believes the stream running between them and Wally-Ba Kunda is the natural border. "Three traditional rulers have ruled in their favor when the matter came up," the Alkalo of Peria added.

Wally-Ba Kunda on the other hand claimed they host Perai and the land in question was given to Perai on the condition that they could reclaim it. "Since the colonial days Commissioner Mahoney ruled in our favor," the Wally-Ba Kunda Alkalo said.

Now that the rainy season approaches, farmers whose livelihood depends on this piece of land are left in an indeterminate state and it seems to them that the Governor’s verdict will never come.

Source: Dailynews

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



Denmark
11735 Posts

Posted - 07 May 2010 :  21:55:43  Show Profile Send Momodou a Private Message
In Jarra Soma Land dispute case Plaintiff’s Lawyer Urged Court to...
By Madi Njie


Lawyer for the Plaintiff, Mr. Borry Touray on Monday, 3rd May 2010 urged High Court Judge Almamy Taal in Banjul to enforce the injunction for Mr. Hamidou Jah, the defendant, to stop construction work at the land under dispute pending outcome of the court.

His lawyer, Borry Touray is insisting that the court enforces his earlier application dated 13 January 2010, which contends that unless the defendant is restrained by the court he is determined to erect structures on the land in dispute.

This development followed reaction by the defendant’s counsel, Mr. Kebba Sanyang against the plaintiff’s application, that the court should not issue an injunction for Mr. Jah to stop all activities on the land.


Mr. Fadera filed a lawsuit against Mr. Jah who is given a reserved land possessed through the authority of Mansa Konko Area Council which was originally allocated to community members, including Mr. Fadera, with the condition that they should use the said land temporally until such a time that the land is required for development of public interest.

However, Fadera is challenging the forceful eviction from the land where he was doing business. Fadera claimed that in 1989, he was among Gambians allocated shops along the highway to do business.

Meanwhile, the defendant has denied liability and in reaction to plaintiff’s application, called on the court not to issue an injunction, insisting that the land in question was allocated to him by the Mansa Konko Area Council.

The defense is also with the view that the land will be used for public interest, and will create employment for the youths.

Justice Almamy Taal adjourned the case to Tuesday, 11 May 2010 for ruling on the plaintiff’s application.

Source: Dailynews

A clear conscience fears no accusation - proverb from Sierra Leone
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