By Amin Kef Sesay
Reports of some members of the Sierra Leone Armed Forces brazenly seizing lands belonging to their fellow citizens is something that needs serious attention by the relevant authorities.
Those with a long memory can easily recall the numerous acts of illegality committed by soldiers at a place called Jorpor Farm in the Benguema axis.
This recent report of a senior military official attached to the President at State House joining with a notorious land grabber who purports to be a Man of Collar to unlawfully seize privately owned land in the Western Rural District does not speak well about law, order and discipline among the armed force personnel, especially one of such a senior rank from whom much is expected.
Land grabbing, which most times is inextricably interwoven with the involvement of Lands Ministry officials especially surveyors, senior police, military and lawyers and senior civil servants is a phenomenon which threatens the harmonious relationship between individuals and communities.
The establishment by the Sierra Leone Police of a Special Task Force against Land Grabbing does not seem to have had any influence on the situation.
Land grabbing has led to riots and killings. The Judiciary, in handling controversial land matters, spends ages deciding on who has the rightful title deed. The reason is very obvious – corruption.
Research done by Theophilius Gbenda has shown that the provisos and applicability of laws in relation to this Rural District is akin to that of other rural areas in the provinces; especially when it comes to land.
For example, the mandatory acquisition of conveyance to prove title to land in the urban area or colony of Freetown does not apply to the Western Area Rural District, which operates a customary land ownership and acquisition system according to research.
What has brought sleepless nights to residents in villages within the Western Area Rural District is that some Magistrates and Judges are not aware of this provision and would insist on conveyances to be provided to prove title whenever there is dispute over land.
The unscrupulous have seen the loophole and would quickly grab land and prepare conveyances and then be ready for litigation since they would be in a stronger position to prove title in court.
If this issue is not swiftly addressed it will create a situation in which land grabbers would continue to have the audacity and temerity to even challenge the real owner of a land who has no conveyance.
Land grabbers don’t fear the court. They work with it. This is a crucial matter because it undermines the course of justice. I think the Judiciary has a serious job to do, to renew their laws, especially on this title deed issue.
The National Land Policy categorizes land in the Freetown area as either State owned or private owned.
State Land refers to land owned by the State, administered by the State Land Act of 1960 which empowers the President, or a Minister appointed to make and execute grants of any State land or of any interest thereof.
Private Land, on the other hand, refers to land owned by private individuals and other corporate entities and can be freely disposed by the owner.
The fact that the governance of the country’s land space is based on laws formulated even before the country gained independence in 1961, only means that the whole land business is in chaos.
Gbenda suggests that when land disputes are adjudicated in our courts of law, local authorities, including those from the Rural District Council, would be invited not only to testify but to give their expert opinion so as to guide the Bench instead of just declaring the person with the conveyance as the true owner, who could even be a land grabber.
The Office of the Registrar General at Roxy Building in central Freetown, responsible for the registration of all title deeds with legitimate LS Numbers, is another spot where land grabbers explore for relevant information to perfect their land document forgery scam.
