The Land Question No Land Commission for 13 Years

On March 2010 the Permanent Secretary, Ministry for Local Government and Lands issued a press release indicating that those who bought land assets from the Ministry for Local Government and Lands from 2005 to date must provide full information of particulars of those acquisitions or assets to the Ministry within 25 days. This excludes layouts. .

The Press Release warned that those who fail to comply within the specified time frame will have their acquisitions confiscated. People are asked to report their findings to the Ministry.

This warning to confiscate land of those who fail to provide full information of particulars of purchase of land gave the impression the Ministry had the powers of a court. Our interview with the Permanent Secretary did indicate that the Ministry does not have the intention to act with impunity. However, the mere issuing of the threat gives the impression that all is not well with the system of allocating State lands.

It is absolutely essential for those who purchase land these days to be careful. We have endless reports of lands being sold several times to different people.

The Government claims that it has recognised the anomalies connected with the allocation of state lands to the point of supporting the establishment of a Lands Commission to remedy the situation.

A provision was introduced in the 1997 Constitution, 13 years ago, to ensure that the Lands Commission will take charge of Land Administration. The first thing the government did to show that it was not very serious in implementing the provision of the Constitution is to amend it in 2001.

Allow us to indicate what was accepted at a referendum. It reads:

“There shall be established a Lands Commission which shall in coordination with the relevant public agencies and government bodies perform the following functions:

a) On behalf of the Government manage all land vested in the state

b) Process applications for grants of state land and make recommendations thereon to the Secretary of State

c) Process the applications for title deeds from deemed lessees and make recommendations thereon to the Secretary of state for approval

d) Investigate disputes on land ownership and occupation in many areas designed by an Act of the National Assembly

e) Assess land tax and premium for properties within any area designated by an act of the National Assembly

f) Monitor the registration of properties and inspect land registers and records

g) Perform such other functions as the Secretary of State responsible for Land may assign to the Commission

There was supposed to be parliamentary oversight. The members of the Commission were required to submit quarterly report to the National Assembly on the performance of its functions.”

If the Government established the institution in 1997 and made it to function with efficiency and effectiveness, we would not be having the endless court actions we have today regarding Land acquisition. The Government however did not establish the Land Commission envisaged by the Constitution.

Instead, in 2001 it amended the provision of the Constitution and left this thin paragraph:

“There shall be a Lands Commission whose composition, functions and powers shall be prescribed by an Act of the National Assembly.” They removed all the functions and powers agreed upon through a referendum and left them to be blank in the Constitution. They left the future of the Lands Commission to be determined as and when the Government wanted. Hence it took another six years before a bill was introduced and passed to create the Act necessary to make it possible to establish a Lands Commission. The Lands Commission Act did not come into being until 5th October 2007.

The Act is reported to be enacted to provide for the establishment of the Lands Commission to mitigate the problems of Land allocation and improve land administration in the Gambia and for matters connected therewith”

Section 5 establishes the composition of the Commission. It consists of a Chairperson, Four persons of distinguished service and integrity with adequate knowledge and experience in administration in the Gambia and The Director of Land and Surveys who shall act as Secretary to the Commission.

The Chairperson of the Commission shall be a Judge of a superior court in the Gambia.”

The Commission has among others the function to advise the Minister on policy matters relating to land administration to ensure strict adherence to those policies and transparency in land allocations;

It has powers to investigate dispute on land ownership and occupation in any area in the Gambia, assess land rent and premium for properties within any area in the Gambia and perform such other functions as the Minister may assign to them.

What questions the seriousness of the Government in handling the problem of Land is the failure to establish the Lands Commission even though the Act is enacted since 2007.

Foroyaa wants to remind the Government that the best legal instrument for investigating any maladministration in land allocation or acquisition is the Land Commission. The Act is already in place. What is important is to appoint the members and give them the facilities necessary to do their work.