2.0 Introduction
This chapter focuses on how national land is managed in Cameroon. Thus, we are going to examine the management of national lands in Cameroon by looking both at the law put in place to ensure such management and also the institutions placed in charge of managing national lands in Cameroon.
2.1 NATIONAL LAWS
2.1.1 Decree No. 76-166 of 27 April 1976
There is a law enshrined specifically for the management of national lands in Cameroon. This law clearly state how individuals of public bodies can acquire national lands in Cameroon. Indeed, the administration of national lands in Cameroon according to this law belongs to the State[1]. This law gives the State the power to assign national lands which are free from effective occupation to specific purposes. The State is therefore empowered to allocate unoccupied national lands to individuals or cooperate bodies who are willing to develop them.
The law equally states the conditions under which the grant of national lands can be revoked or terminated, such as in the event of non-fulfillment of the grantee’s obligations[2] and the expiry of the period of the grant[3] respectively.
The law equally provides possibilities of the incorporation of national lands in the private property of the State and other public bodies[4].
2.2 THE INSTITUTIONS IN CHARGE OF THE MANAGEMENT OF NATIONAL LANDS IN CAMEROON
2.2.1 The Ministry of Property and Land Affairs
The Ministry of Property and Land Affairs (ministere des Domains et des Affairs Fonceires, MINDAF),which is referred to as the Ministry of State Property and Land Tenure, is the primary public actor in the land sector in Cameroon. MINDAF has authority over all land. MINDAF has overall responsibility for land allocations, land development and land surveys.
MINDAF divisions include: the Department of Lands; Department of Land Tenure; Department of State Land; and Department of Surveys. In 2010, the ministry opened an office dedicated to supporting commercial investors.
The ministry’s structure provides for provincial and prefect-level offices that were intended to have primary responsibility for many land matters, including land allocations and land use planning.
2.2.2 Land Consultative Board
The Land Consultative Board[5] is an administrative body created by Article 16 of Ordinance No. 74-1 of 6 July 1974 as well as Article 12 of Decree No. 76-166 of 27 April 1976[6]. This Board meets at least once after three months, when convened by the chairman.
2.2.2.1 Composition of the Board
The Board consists of eight members namely: The Divisional Officer as the chairperson; Divisional Chief of Service of Land Certificate as the Secretary; Divisional Chief of Service of Survey as a member; Divisional Chief of Service of Town Planning in the case of an urban project as a member; Divisional Chief of Service of Agriculture in case of farmland or rural project as a member; the traditional head with two notables from the community where the land is situated as members.
2.2.2.2 Functions of the Board
This Board makes recommendation on land use, including herding and cropping, and they review and act on applications for rights to national land. Recommendations of the Board shall be adopted by a simple majority of members present, and shall be valid if the chief and one leading member of the village or community participated in the proceeding[7]. In the event of a tie, the chairman shall have the casting vote.
The Boards are also responsible for supervising the demarcation of lands, evaluating rights to land.
The Board examines, and if necessary, settle disputes submitted to it under the for allocation of land certificates on occupied or exploited national lands.
The Board selects the lands which are indispensable for village communities.
The Board asses the development of lands for the issue of land certificate.
This board which is charged with managing land matters has the responsibility to inspect land for registration, and to resolve land and boundary disputes over unregistered land. It is worth mentioning that each division of the regions has a Land Consultative Board. The Board is not a court. The Board by its composition is purely an administrative agency. It is merely a consultative organ set up to give advice to disputing parties on land matters and renders recommendations for the Minister in charge of lands to take a decision if need arises[8]. Its conclusions are not decisions but recommendations. The Minister is at liberty to accept or reject recommendations as he pleases.
It is worthy of note that any decision that is later taken by the Minister will be an administrative act which can be challenged only before the Administrative Bench of the Supreme Court[9]
The above procedure denotes that only the Board and the Minister have jurisdiction over land disputes. Hence, the law gives no other official even the Senior Divisional Officer, the power to determine who is to receive a land certificate over an unregistered land under dispute[10] If a party is dissatisfied with the recommendations of the Board, the person to consult or appeal is to the Minister who alone has competence to review the recommendations of the Board[11]
Furthermore, by virtue of the 2005 Decree, issues relating to land disputes Furthermore, by virtue of the 2005 Decree, issues relating to land disputes are not resolved judicially but administratively. Also section 5(3) of the 1974 Land Ordinance states that all cases dealing with landed property pending in courts and which are introduced outside the scope of the registration procedure shall fall within the jurisdiction of the Land Consultative Board provided for in Article 16 of the same ordinance. The dossier relating to such cases is to be transferred to the said Board when the Ordinances shall have entered into force.
2.2.3 Ministry of Urban Development and Housing
The Ministry of Urban Development and Housing is responsible for the implementation of the government general policy on town planning and housing in towns with less than 100,000 inhabitants. The ministry is also responsible for land registry and land management functions on state-owned land. The ministry is also responsible for the oversight of the Special Agency for Sites and Services Development
2.2.4 The Ministry of Territorial Administration and Decentralization
The Ministry of Territorial Administration and Decentralization (Ministe’re de ‘Administration Terrtoriate et de la Decentralisation) (MINATD) is in charge of the development, implementation and evaluation of government policy regarding administration of the territory and decentralization.
MINATD has responsibility for helping design regional and local government bodies, including those governing land, and determining their scope of authority
2.2.5 The Ministry of Economy, Planning and Regional Development (MINEPAT)
MINEPAT is responsible for the development and implementation of the country’s economic policy. MINEPAT is the titular ministry for World Bank-funded Community Development Program Support Project (PNDP), which is designed to promote sustainable rural development by improving the legal, regulatory and governance framework and building the required capacities for local development
ACHIH MAHAMADOU JALLO
LLM BUSINESS LAW UNIVERSITY OF BUEA
ACHIHMOHAMADOU@GMAIL.COM
[1] Section 16(1) of the Ordinance No. 74-1 of 6 July 1974 to Establish Rules Governing Land Tenure.
[2] Section 8(1)of Decree No. 76-166 of 27 April 1976 To Establish the Terms and Conditions of Management of National Lands.
[3] Ibid.
[4] See section 19-24 of Decree No. 76-166 of 27 April 1976 To Establish the Terms and Conditions of Management of National Lands.
[5] Also known as land Tenure Commission.
[6]This Decree establishes the terms and conditions of management of national lands by the appointed Board members.
[7] Section 15(1) of Decree No. 76/166 of 27th April 1976 to established the terms and conditions of management of national lands
(source; Lectures note from Prof. Samalans Land Law).
[8]See the case of Frida Sirri v John Milla. Appeal No. BCA/25.L/79. It was held that on the procedure for contesting the decisions of the Board, where a party is dissatisfied with the decision of the Board, the party must petition to the Minister in charge of lands and by reason of section 20 of Decree No. 76/165 of 27/4/76, the Minister acting as a ‘Ministerea Juge’ would give a decision which could only be appealed against at the Administrative Bench of the Supreme Court.
[9]Ordinance No 72/4 of 26/8/72 on Judicial Organisation
[10]See Namange Ngombe J. v Molua Simon Mekeve & Others. Suit No CASWP/44/2004
(source; Lectures note from Prof. Samalans Land Law)
[11]This is clearly stipulated by section 20 (1) of Law No 9 of 26th November 1983 amending Decree No 76/165 of 27/4/76.