Land Compensation Tribunal

Land Compensation Tribunal

Wednesday 16 August, 2017

Up to 40 cases await compensation
The five-member Tribunal appointed by President Danny Faure on Monday will be looking into cases where government has taken land from members of the public since 1993. Chairperson Joseph Athanasius says there are up to 40 pending cases which need to be looked at.
by S. Marivel
“Land is sensitive business but the biggest issue is compensation,” Mr. Athanasius told the press on Monday at State House.
The group has two weeks to gather the data for all pending cases since 1993 from the Ministry for Land Use and Habitat before they delve into each case to ensure that proper compensation is given to individuals whose land has been taken. When asked whether the Tribunal will be looking at cases where government officials have acquired land illicitly, or have acquired more acres than what was originally agreed upon, Mr. Athanasius remains vague, saying only that, “...I suppose we will, but we haven’t got any cases like that yet. If there are any within the pending cases we will have a look at it.”
Other members of the Tribunal include Hubert Alton, Alain Savy, Roy Cadence, and Sabrina Zoe, who are all surveyors and have the necessary skills to deal with land. Mr. Athanasius is a lawyer by profession.
Explaining the reason for a Tribunal, rather than resorting to the Courts, Mr. Athanasius explains that the Tribunal will be “more flexible and friendly in resolving the cases we want to come to a point of mediation,” he reveals. “Emotions can run high because people are attached to land so we are better equipped to really hear people and find a fair middle
ground,” he adds. “The Courts on the other hand have high expenses and there can be ‘kankan’ there.”
However, he does stress that the Courts are always readily available to individuals if they so prefer. The Tribunal will be prioritising the pending cases since 1993 before they can accept new cases, or even cases that are currently being heard in Court, but which individuals are unsatisfied with.
“We cannot start something new without finishing what has begun,” Mr. Athanasius stresses.
Offices have not yet been identified but the location will be made public once the office of the President identifies a place. The group does promise, however, to work “...as quickly as we can through the pending cases because time is of essence.” They are set to meet again in two weeks time.
“The President did say we need a healing process in the country so this is one of the ways to satisfy this process,” Mr. Athanasius reflects. “We reassure the public that we are here now, and we are not here to take sides but rather to see justice and fairness.”
It is still unclear whether members of the public will have to pay a fee for services of the Tribunal, and whether government will be funding the group for their day- to-day expenses.

https://www.facebook.com/todayinsey/photos/a.417785501592599.84226.414719135232569/1418839144820558/?type=3

Land compensation claims now with new land tribunal

19-August-2017


The leader of the Truth and Reconciliation Committee in the National Assembly of Seychelles, Wavel Ramkalawan, has clarified the situation regarding land claims lodged with the committee now that an administrative land tribunal has been set up to look into all pending cases of compensation related to land in line with Part III of Schedule 7 of the Constitution.
The tribunal came about after a recommendation of President Danny Faure in his address to the Nation in the National Assembly last month. Its aim is to deal with land acquisition cases by government from 1977 which also followed a Court ruling in 2012 whereby the Court recommended that it would be preferable to have a tribunal deal with compensation cases as opposed to taking cases to Court.
It is worth noting that people who are not satisfied with what they have been compensated with, are also legible to lodge a claim.
Mr Ramkalawan, who is also the leader of the opposition in the National Assembly, said he has to shed light on the current situation of these claims, which he said amount to about 115 cases, as a number of people are a bit confused on what was happening now with the complaints lodged with the committee following the setting up of a tribunal for that purpose.
“I want to make it clear that the work of the land tribunal is in line with the work the committee on Truth and National Reconciliation is doing. Except now we have a tribunal where people will be able to present a case and the tribunal will listen to their case and make appropriate awards for their loss,” he said. This means the role of the tribunal is in line with that specific schedule and part of the constitution.
He assured members of the public who have not yet lodged their case or have lodged it a little bit late not to worry about not being able to be heard.
“Have the confidence the tribunal will listen to them,” he said.
Mr Ramkalawan also said the tribunal will soon announce the procedure to be put in place to deal with these cases. And they on the Truth and National Reconciliation Committee will also assist by providing information to the people.
“If the tribunal wants to set up their regulations under an act or as a piece of law, this will come to the National Assembly where they will help the claimants to better understand how to go about their case,” he explained.
He also clarified what was first published when the land tribunal was set up where it said the cases from 1993 will be looked into.
“It is important to note that 1993 is the year that the constitution was adopted. And it is in the 1993 Constitution Schedule 7 Part 3 which states ‘A procedure for past land acquisition.’ But all land acquisitions from 1977 will be dealt with.
The five-member tribunal is chaired by Joseph Athanasius, with other members being Hubert Alton, Alain Savy, Roy Cadence and Sabrina Zoe, all surveyors and quantity surveyors from the private sector except for Ms Zoe who is from the Ministry of Habitat, Infrastructure and Land Transport, formerly MLUH (Ministry of Land Use and Housing).
Mr Athanasius has said the arrangement is for all pending cases with the above-mentioned ministry will be transferred to the tribunal which will draw up a database to know the cases and better prioritise them. Mr Athanasius added that the length of time spent on a case will all depend on its complexity. The tribunal was to meet again in two weeks to start looking at these cases before moving on to new claims.
The Truth and Reconciliation Committee has other issues to deal with like disappearances, people who have lost their business, those who emigrated forcibly, just to name some.
Regarding the Islands Committee in the National Assembly which Mr Ramkalwan also chairs, he said they are in the process of inviting any person who has an interest in how they would like to see their islands in the future, to make presentations.
“Because we have many Seychellois who have worked on the islands, fishermen who have been there or around, those in the sea cucumber or tourism businesses etc.. In fact different people with different interests. So we will invite anybody with such interests to contact us so that the second phase of our work will be for us to listen to their propositions which will form part of our recommendations,” Mr Ramkalawan said.

http://www.nation.sc/article.html?id=255318

DISPOSSESSED PROPERTY OWNERS IN SEYCHELLES

http://www.seychellesweekly.com/march_14_2008/page5.html

DPOS - Dispossessed Property Owners of Seychelles
http://dpos.weebly.com/seychelles-law.html



SDPOA
Seychelles Dispossessed Property Owners Association
http://sdpoa.eodcoperations.com/index.php



http://www.geometry.net/detail/basic_s/seychelles_government_page_no_2.html

Legal aid in Sechelles Seychelles



https://www.seylii.org/sc/legislation/si/22/si_no_22_of_2012_legal_aid_amendment_rules_2012__29150.pdf

https://www.seylii.org/sc/legislation/si/48/SI%2048-2014%20Legal%20Aid%20%28Amendment%29%20Rules%2C%202014.pdf

Lawyers shy away from legal aid cases
https://www.facebook.com/todayinsey/posts/779032442134568

Salient points from Mathilda Twomey's speech
https://www.facebook.com/todayinsey/photos/a.417785501592599.84226.414719135232569/926731500697994/?type=3&theater


Strengthening the capacity of the Judiciary in Seychelles
http://thecommonwealth.org/project/strengthening-capacity-judiciary-seychelles

Again given the more than 40 years of our exile and our communities going in exile the issue of their lands and ancestral properties forcibly acquired by the one party System 1977 on ward how this would have impacted and influenced the lives and minds those affected, After all it had been the hard toil of their French ancestors even if many dislike to read or be told - these lands had belonged to the French crown/the Kings and how they and those who had been allocated portion of land for cultivating and crating business/wealth and paying due Tax. The antique and Arcadian system in place to work, manage and implement such land management and process. Very unlike Africa, India and china then. Hence that SIROP program formulation and conception approach and our question - then Laws and Justice system under the Kings of France and later the Republic. It was not theft and grand butchering and slaughter and other practice in today's and recent society.

The arguments/logic,  why they had to be forcibly acquired and the argument presented and mechanism, laws and Justice practices and values/benchmarks they put into place  to defended by the second republic,  its government, military and institutions, the politicians. Hence we presented the argument how that SIROP program was put together under President FA Rene - the manner, approach and working of his government, Ministers and other officials and their then Institutions along with greater world - decision were taken and implemented - that SRIOP program was if studied about crating new land for use by the Republic and its people and citizens and those exiles, expatriate who would wish to come and settle and invest in Seychelles - we argued that had President FA Rene listened to the what that project should have been implemented, the current fight over land the reclaim lands - and soon there will be none left to redistribute and fight over - the other major Reclamation land development we had insisted he implement and put into place in South Mahe, for residential, community, fishing , Commercial/Industrial, education, hospital and a recreation/marina - the dredger was in Seychelles, at the time of undertaking these project he dictated and decided what was to be done and not with certain advice and under today conditions and nation working how things have become very difficult and challenging to develop and put into place. So those who argue we wanted to come back and grab land and reposes lands and properties are very wrong/incorrect.

Given these issues decided to seek the advice and thought of some families on this topic and their reactions and views.

Strangely on Channel Two of the TV 21/7/17, they had a Documentary going on the three Royal Cousins that started the first world war, the Kaiser of Germany, the Tzar of Russia and the King of England  the comments and view of the film maker. Why we introduce this topic for one our ancestors had lived the pre 1914 wars era in the Indian Ocean and their then Properties and lands - a very large numbers of them had /their roots is to be found/traced in the Pas de Calais,  former Patrimony D'Atrois  and indeed on many first world war monuments their names or the names of their ancestors. Some we have visited and how those in France, Britain, Belgium and Germany take very seriously these Monuments and the History associated events leading to the Second world war and our society /Europe and the world today. . the Communist of Europe and the Indian ocean, Africa and Latin America, Asia -

Much more important, their ancestors had been those who had help rebuild/build this Britain - the Normand conquest and those who came over to Britain 1000 years ago / their roots and ancestors in Normandy/Brittany. However those who wish/want o write history to suit their politician agenda and respective interests these are very hard facts.

The need to stress how we had importantly build into that SIROP program mechanism back in 1986/87,  then all those who had tried to dislodge and change Seychelles by force and many methods and it had not happened and been possible and we have applied as much as we could our French ancestors disciplines and knowledge and this had played a key role that this Program could be successfully implemented and bring about the changes in USSR, the COMECON, the Communist workings    and in Seychelles, because if form and is part of the foundation and building blocks of not just the EU but old Europe  - this is not just about any pieces of lands and properties as many would like us to believe,  the modern politicians and the Justice of Seychelles, the NGO and the church  - their families in Mauritius and Reunion and across the world. The UN even if it wanted to implement a Return program for those Exile/refugee of Seychelles would not have been able to do so given the nature of UN.

http://www.nordmag.com/nord_pas_de_calais/bethune/bethune_historique.htm

https://en.wikipedia.org/wiki/Artois

BBC - History - British History in depth: Cousins at War
http://www.bbc.co.uk/history/british/britain_wwone/cousins_at_war_01.shtml

Many ask/inquire how did we get/land into this unholy "Strudle" situation

The many who know and knew, those Technicians for South Africa, France, USA, Germany had Seychelles changed with a military coup my personal land problem would have long been resolved and none of the nightmares and head ache

Then Seychelles working with person of Mr Guy Morel and Mr Mario Ricci and Mr Guy Lionnet.  Their Illuminati affiliation then 1979 I could have paid for the balance of the outstanding payment on that property at Montagne Posee and eventually build something on it. Everybody today who choose to ignore how France and Europe worked.

Given then Cold war Situation I/my person had question UN refusal to intervene to solve Seychelles situation the respective arguments - face with this fact, our then exile, those in Prison, the media coverage, what we had been educated/knowledge passed on to us the decision to create a Body like the CARICOM   for the Indian Ocean, where by the then USSR, then Warsaw Pacts Nation, China, those OAU Block nation supporting President FA Rene and his government would have had to be put through greater accountability - the workings and process of the CARICOM  to even contemplate  such idea the need to know and be aware of the great, important and powerful personalities of then Europe, the politic, their Illuminati affiliation ad, other affiliation and how Europe worked, then USSR, the COMECON, Warsaw Pact nations, the West USA, then South Africa , the Gulf Region and Indian ocean and Africa.

We had been told bluntly that no such entity would see day light of the USA and Britain and France did not support the idea - instead put the concept for and Indian ocean Industrial Investment and Promotion Center - never loosing sight of the CARICOM  workings and greater political concept - my correspondence with Seychelles government and the UN.

Things went wrong very wrong when  those in Seychelles decided to take my research and the associated debacle in Vienna and then Europe and present it as the concept for the COI and again the above mention entities, my decision to become directly involve in changing the government by force. President FA Rene reaction and others.

President Francois Mitterrand had a special relation with President FA Rene and those Socialist States government of then Indian ocean and Africa - had it not been for this Seychelles could have only change by means of force and the wombats of politicians today and many who think they know everything. What it took for my person to develop any meaningful relation, connection - in the end. The vast complexities.  In 1989 when Seychelles government came through with the acquisition offer for that property - things had moved greatly and the Mitterrand Family role and position in writing and promoting that SIROP program. That property for then property market value was worth very little it was what I had intend to do with it one that SIROP program was implemented. "Part of our talk after the funeral of Mr Daniel Mitterrand was why I had not returned and had I returned then what of course we are not forgetting Sir James then very much alive as they say - for not wishing to go for power link with that SIROP program my land was still may land the issues of being granted lease of one of the outer Islands for Development, those we had quasi shared the issues and those person and technicians who would have wanted to retire with us and do something together - then Cold war workings these had to be cleared and its deep meaning as many components of that SIROP program and the debate of the National Assembly ongoing - we have mentioned this topic a few times. That SIROP program would have been very different and more advance and dynamic instead - he went for my property at Montagne Posee". The mess which ensued The Mitterrand President and French Illuminati/masonic entities and the Mitterrand Children knew of theses/them.

After events of 1989, communicated with President F Mitterrand his official and PM and after his death Mrs Daniel Mitterrand - something happened at the funeral of Mrs Danielle Mitterrand on our return journey to Paris was introduce to a Gentle man who knew Seychelles very well, had property on Silhouette, knew President FA Rene and several others  and we discussed the issue of that SIROP program and my ex properties. Upon pressing him,  he informed me he worked as President F Mitterrand favorite architect - we had arranged to me again to discuss some of the great projects and development my person was involved and contributed to we did not taker contact after the Funeral.

This briefly said what we wrote above and those big Estate property owners, their respective battle and history to solve and find solution for their estates and properties. The government  cannot just say we will compensate or look into compensation simply,  the need to look into the many associated complexities. Because if we do not the mess will not go away.

We are going to add a few links of the Mitterrand here,
Jacques Mitterrand (général)
https://fr.wikipedia.org/wiki/Jacques_Mitterrand_(g%C3%A9n%C3%A9ral)

Jacques Mitterrand (1908-1991) - the ilunminati debalce and far more complex than anybody have cared/dare to write. British issues in particular Britexit
https://fr.wikipedia.org/wiki/Jacques_Mitterrand_(1908-1991)
Liste des dirigeants du Grand Orient de France — Wikipédia
https://fr.wikipedia.org/wiki/Liste_des_dirigeants_du_Grand_Orient_de_France

Frédéric Mitterrand - Wikipedia
https://en.wikipedia.org/wiki/Fr%C3%A9d%C3%A9ric_Mitterrand

Grands Projets of François Mitterrand - Wikipedia
https://en.wikipedia.org/wiki/Grands_Projets_of_Fran%C3%A7ois_Mitterrand

AD Classics: National Library of France / Dominique Perrault Architecture
http://www.archdaily.com/103592/ad-classics-national-library-of-france-dominique-perrault-2