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Momodou
Denmark
11712 Posts |
 Posted - 04 Sep 2010 : 16:45:02
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Foroyaa Editorial: LAND LAND LAND LAND LAND LAND MR PRESIDENT A CASE FOR THE COMMISSION OF INQUIRY ON LAND
By Publisher on 04-09-10
Mr President we have been informed that you have established a Commission of Inquiry to look into the unlawful allocation of land. We wanted to refer the relatives of a man resident in Serrekunda who came to our office to seek advice. We searched for the Gazette to find out whether the Commission you have established is in force but could not see any publication to that effect. We are now in a limbo and do not know what to say to this enlightened young man who wants his relatives to stay away from conflict and seek the protection of the law.
Cap 30.01 which deals with Commissions of Inquiry states under Section 17 that “All Commissions under this Act, and all revocations of any such commission, shall be published in the Gazette, and shall take effect from the date of such publication.”
Since we could not access the Gazette we could not confirm whether the Commission is in operation or not.
Mr President there is a land belonging to the Jaiteh Kunda Kabilo (family) at Jahali which is reported to be invaded by strangers. The family is reported to have sown corn on the farm. One day they found people digging a well on the farm which destroyed part of their crops.
They are unable to stop the strangers from continuing with the digging of the well. He said his family has heeded advice not to confront the well diggers but take them to the Chief but the Chief is yet to take up the matter.
Mr President there are many cases that are going into our court system which could be easily settled by village heads, village elders and Governors.
Mr President, farmers are generally poor and not literate in English. They need the protection of the law. You Government is capable of putting alternative dispute resolution measures that would ensure speedy justice for the poor. This often requires transparent and just administrative measures. We hope the regional administrators would solve the problem before it is referred to the Commission of Inquiry into Land allocation.
We will continue to find out whether the Gazette is published for the Commission of Inquiry into Land to come into effect. We would then refer the aggrieved parties to the Commission.
Source: Foroyaa Online
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12309 Posts |
Posted - 04 Sep 2010 : 20:12:05
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Well no real surprise there then !  "Pie in the sky"  as the English say. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 04 Sep 2010 20:13:10 |
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toubab1020
12309 Posts |
Posted - 08 Sep 2010 : 17:35:39
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Maybe not "pie in the sky"
Perhaps not up and running smoothly yet , but spluttering into life  , maybe the usual laid back Gambian pace is to blame,this from the government newspaper the D.O.:
H.E. said "to do their work without "fear or favour, affection or ill will", and urged them to do their work without looking into anybody's face as during the course of their investigations, they might come across a friend or relative who might have been involved and gotten things illegally. "
I read the words,I am certain that they are true ,afer all they were spoken by the president of The Gambia.
Any one know anything about the 5 new members ?
http://observer.gm/africa/gambia/article/5-more-land-commission-members-sworn-in
5 more Land Commission members sworn-in
Africa » Gambia
Wednesday, September 08, 2010
The remaining five members of the commission of enquiry that was set up recently to look into matters of land allocations in the country Tuesday afternoon took two oaths of office and secrecy, at a brief ceremony presided over by the Gambian leader, His Excellency Sheikh Professor Alhaji Dr Yahya Jammeh at State House in Banjul.
Those sworn in on Tuesday are: Inspector Nuha Ceesay, Inspector Lamin Cham, Mustapha Ceesay, Lamin Manneh, and Bakary Bojang. Their swearing in came after four members of the nine-man commission and an ex officio member in the person of the permanent secretary of the Ministry of Local Government and Lands, Saihou Sanyang earlier took oath some few weeks ago. The commission, chaired by Justice Almamy Fanding Taal, a high court judge, will among other things, look into illegal allocations and illegal sales of land in the country.
Speaking at the occasion, President Jammeh congratulated the newly sworn in members and reminded them that the success of the commission also depends on them in view of the fact that they are the ones who are supposed to dig for the truth. He reminded them that they have sworn to do their work without "fear or favour, affection or ill will", and urged them to do their work without looking into anybody's face as during the course of their investigations, they might come across a friend or relative who might have been involved and gotten things illegally.
The terms of reference, according to the president are very clear, which he indicated states that they [commission members] should focus on lands that have been sold by the ministry, looking at layouts, as well as areas where people are living when they are not supposed to be there. "This commission has nothing to do with land disputes between communities, but it will be involved if the dispute in question relates to the land that have been sold illegally by members of the government," he clarified.
The Gambian leader also reiterated that the commission must not be used by people to embarrass others who have done nothing wrong, warning that it will be an offence to give wrong information to the commission just to embarrass someone. While assuring the members of his support, the president urged people to submit correct information to the commission.
Speaking earlier, the vice president and minister of Women's Affairs, Her Excellency Aja Dr Isatou Njie-Saidy also congratulated the newly sworn in members of the Lands Commission, and re-echoed the sentiments expressed by the president. She expressed optimism that once the members have adhered to the oaths taken, receive the necessary support in terms of information from the people, they will accomplish the task assigned to them within the time limit that has been given.
While acknowledging that the task is daunting, the vice president noted that with the collaboration of all those concerned, they will deliver the goods as has been assigned to them. The Attorney General and minister of Justice, Edward Gomez reminded the members of the commission that they have been particularly selected amongst the lot to serve in this noble task, and described their appointments into the commission as a rare opportunity and a mark of recognition and trust bestowed upon them by President Jammeh.
"We are all gathered here one way or the other to serve our beloved country with a sense of patriotism, sincerity, and unwavering commitment. A country moves forward or stagnant depending on those who have been charged with the duty of contributing to good governance," he stated. The swearing in ceremony was administered by the secretary to Cabinet, Ebrima O Camara.
Author: by Hatab Fadera
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 08 Sep 2010 17:44:45 |
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toubab1020
12309 Posts |
Posted - 09 Sep 2010 : 21:08:48
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It would appear that the land commission only holds a brief to enquire into dealings that pertain to the granting of land by the department of lands or officials therefrom and will not be enpowered to deal with land disputes if such disputes do not arise from the granting of land by the department of lands,( KAY Is that a correct reading of the report? )this is a pity because land rip offs are endemic in The Gambia both to foreigners and Gambians,but its big business and lots of money to be made by these scams as often papers that are forged or do not exist.Here is a case in point:
http://observer.gm/africa/gambia/article/rongo-in-land-dispute
Rongo in land dispute
Africa » Gambia
Wednesday, September 08, 2010
Momodou Lamin Jarju alias Rongo, a renowned cultural artiste and a resident of Banjulinding Village in the Kombo North, has filed in an injunction at the High Court in Banjul restraining two men and a woman namely, Nfanlly Sanyang, Momodou Jatta and Majireh Ceesay from trespassing on his land, pending the outcome of the case in court.
Rongo filed in a 21-ground paragraph affidavit supporting his claim over the disputed land located near the Banjulinding Lower Basic School, which the said three defendants also claimed as being the lawful owners through inheritance from their parents. At Tuesday's sitting presided over by Justice Mahoney in Banjul, defence counsel for Rongo, Lawyer Ebrima Jah, informed the court about the existence of the injunction filed in by his client for restraining of the three defendants from his land.
Counsel Jah pointed out that the suit was filed in the court on 13th August 2010, as a result of the activities of the defendants, especially the first defendant, Nfanlly Sanyang, who was alleged to have attacked Rongo and his family on 28th June 2010, in Banjulinding with a cutlass. Counsel Ebrima Jah then made an extensive reference to the history of the case, which according to him started in the year 2009. He said: "My lord, my client is the rightful owner of the disputed land. He got all the documents to the land. He got a sketch plan of the land from the Department of Physical Planning and other lawful authorities responsible for issuing land documents. My lord, despite of this, the defendants continue to trespass on the land of my client up to the extent of threatening him and his family." He went on to urge the court to grant the application for an injunction in restraining the defendants from trespassing on the said land pending the outcome of the case.
Reaction of the three defendants
The three defendants, after carefully listening to the arguments of the plaintiff, Momodou Lamin Jarju alias Rongo, through his counsel Ebrima Jah, each took their turn in countering him. The three defendants have no legal representation in the case, as such they countered the plaintiff themselves and their evidences dwelt much on inheritance and the use of the land for their survival. The first to react was Nfanlly Sanyang, who stated among other things that, the land in question belongs to his father, who with other members of the community cleared it for farming.
According to him, his father had been farming on the said land well before he #147;Nfanlly#148; was born and they are still using the land for farming. "This land belongs to my father. He got the land even before I was born and our family is using the land for farming. The land is the main source of our survival and as such we cannot vacate it. If we should vacate this land, where are we going to get the source of our feeding for survival? If the plaintiff alleged being the owner of the land, why didn#146;t he claim it earlier than now? My lord, we cannot vacate this land. If we do it, it will mean our suffering," Nfanlly Sanyang informed the court.
The second defendant, Momodou Jatta, an elderly man, claimed that he together with the father of the first defendant, Nfanlly Sanyang cleared what he called the thick forest for farming. According to the old man, he has been farming on the said land for long and maintained that he cannot vacate the land as requested by Rongo. "My lord, the land belongs to me and I cannot vacate for another man to use it. I cleared the land and have been farming on it for long," Jatta told the court.
The third defendant, Majireh Ceesay, an elderly woman, said one of her elder brothers gave her the land and since then she has been farming on it. "Right at the moment, I cultivated some crops on the land. If I am told to vacate the land, what will happen to those crops and where will I get my feeding from," the old woman asked? She also maintained that the land belongs to her and therefore she cannot vacate it.
Ruling on the injunction
The presiding judge, Justice Marhoney upheld the application for an injunction made by the plaintiff, Rongo, but was quick to advise the defendants to continue with their farming on the land for this rainy season. The High Court judge urged them to maintain peace and order in the course of their farming activities for this season. He then informed the parties about his decision to contact the chief justice of The Gambia about the case and the need for assigning a judge to the case at the Brikama High Court, when the High Court resumes from vacation. He accordingly adjourned the case to the 6th of October 2010, for hearing to start on the main suit at the Brikama High Court.
The need for legal representation
Justice Marhoney further advised the defendants to secure the services of a legal practitioner on or before the said adjourned date. To this end, the High Court judge recommended that the defendants should contact the registrar of the High Court for the state to provide them with a lawyer, in case they are unable to secure one.
Author: by Sanna Jawara
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 09 Sep 2010 21:11:38 |
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