South Sudan Machar receives physical planning and land act of EES
By Isaac Vuni
August 8, 2007 (JUBA) — The vice-president of the government of southern Sudan, Riek Machar today, received a proposed physical planning and land use Act of 2007 of Eastern Equatoria State from the president of the high court of the state.
The vice-president thanks Justice Legge for his concern and dedication in ensuring that states of southern Sudan operates within the laws and assured the justice that after reading through by specialized committee, the Act could be replicated in the ten states of southern Sudan.
The President of the High Court, of Eastern Equatoria State, Torit Justice Geri Raimondo Legge today presented to the president of GoSS a proposed Physical Planning and Land use Act, 2007 as a simply for the rest of the southern Sudan states.
Justice Legge says this Act of 2007 shall be cited as “physical planning and land use Act, 2007 of Eastern Equatoria State and shall come into effect after the date of its endorsement and signing by state Governor.
Adding that the acquired rights in physical planning and land use Act of 1994 shall remain under this new Act until it shall be repealed or amended in accordance to provision of the proposed Act of 2007.
Justice Legge said Ceasing of Land Ownership for Public Interest, under the proposed Act of 2007 stipulated that the State Governor on the recommendation of the Minister shall cease any lands for the public interest in accordance to lease land Act of 1930.
However, Justice Legge adds, “If the land is in a village the Minister shall not recommend to the Governor the ceasing of the land unless he/she has taken a written consent from the community leaders of that village through consultation for confirmation of land belonging to the community affected”.
Article three stated that without prejudice to sub-article one and two of Act 2007, the Governor shall not be allowed to use power unless with a written approval of 2/3 of the members of the assembly after the recommendation of the State Council of Ministers in accordance to the recommendation of the Minister, Justice Legge emphasized.
IMPROVEMENT DIFFERENCE AND CHANGING THE USE OF LAND
Justice Legge further explain that when changing the use of any land owned in accordance with conditions of the directed plan of a certain area, shall be determined by written Request for seizure of land owner-ship or any part of it for public interest, any improvement differences for land shall be in kind or in cash.
He went on saying that such improvement may either be necessitated for provision of roads, open spaces for public utilities to be cut off from the land as requested for in according to its approved map, and the cut off part would be registered under Government name without any compensation provided that the share of the owner should not be less than 25% of the total area and be registered to him/her according to the specified use in the directed map.
The government shall be the owner of the industrial and investment lands only when the improved difference on industrial or investment land is determined in cash payment.
The remaining part of that land is registered in the name of the owner provided that he/she/it pays 75% of the price differences of the land before changing its use when applied for its price immediately after changing.
No consideration shall be given to the date when the application for such a land was made to change the price of the land as in sub-article (3) (b) above, before changing the usage, whenever there are effects to such a price when it was known that the minister or the committee had decided the will for exercising his/her/it authorities of physical planning or because of any process which was taken due to that knowledge.
The surveyed plot owned through monopoly or given through preferred ability usage should not be changed partly or completely rather must remains for the purpose for which it was approved, unless after obtaining another approval from the land authorities or the committee, and in that situation, the owner shall pay improvement difference of 75% of its market price for the new purpose according to last usage evaluated to him/her, Justice Legge explain.
Adding that such monopoly owner shall pay improved difference fee to the government within (6) months from the date he/she is notified, in case the land authorities see that such payment within that period shall affect the physical development, then it shall prolong the payment through installment as they see suitable.
The act of 2007 state that there shall be no registration or permission for building or land development to be given unless after confirming that the entire mandatory required fee has been paid, justice Legge emphasized.
RE-SURVEYING
Justice Legge adds that the Governor on recommendation of the minister for development, could order for re-survey of a town or area in the State and shall Gazette it in news papers including conspicuous places but If the area is a village the Minister shall not recommend to the Governor re-survey of the area unless minister has taken a written consent from the community leaders of that particular village after the due processes of consultation for confirmation of land that belongs to the community.
However, he say, Governor shall not be allowed to use power unless with a written approval from 2/3 of members of state assembly after the recommendation of the State Council of Ministers in accordance to the recommendation of the Minister.
COMPENSATION OF PAYMENT ON DAMAGE
The re-planning committee in the area shall request the concerned body to pay a compensation amount to the affected people for the estimated damage but in case the estimate occurs after the land price has appreciated, the increase shall be less than the total amount of compensation or of the compensation for the damage or the re-planning committee would order the difference between the land price and the total of the two together; or if the affected person accepted, he/she shall be given a land for compensation, and if the area re-planning committee sees it justifiable shall order adjournment of payment.
The Act further stated that renting of land after the elapse of Its maximum rental period is not acceptable for any person to rent any land for the purpose of building, if its maximum rental period has elapsed, unless after confirming that, the block which he/she rents falls within, does not need re-planning or it is not affected by the directed map to the block (if any) or there is no intention for re-planning within the current renting period or its extension, so in this case the renter shall pay in advance a new amount stipulated for the rent according to the provisions of 2007 Act.
The Justice said Article 38.1 of 2007 Act prohibited granting land to foreigners unless with a written approval from 2/3 of the members of the Assembly after the recommendation of the State council of Ministers, in accordance to the recommendation of the Minister.
Without prejudice to 2007 Act, the agricultural and industrial leadership projects are exempted for the purpose of sustainable development in the state. Meanwhile Article 48 stated that there shall be no use of land, and registered State building assets or corporations or any of its companies except with a written approval from the State authorities concerned, caution Justice Legge.
Justice Legge appeal to Sudanese lawyers and elites to express their view and comment on the proposed state land act of 2007 and registered his appreciation to Eastern Equatoria state councilors of minister, especially minister of Physical Infrastructure for giving him opportunity to draft the Act that would benefit the entire new generation of southern Sudan states.
(ST)