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Joal Fadiouth in Senegal, n
culture LAW / / / November 2009 The
Senegal
attracts more and more foreign investors, entrepreneurs and
individuals. However,
the State of Senegal does not
its European investors to benefit
any legal protection whatsoever
cons
the political risks, resulting
local conditions or arbitrary decisions
state, having signed no
Convention on the Organisation for Economic Cooperation and
economic development (OECD). Illustration
with the case of European investors in
seaside resort of Saly, 80 km from Dakar
. To promote tourism
, the State of Senegal
established in 1977 the "Society for the Development of the Petite Côte
"
called "SAPCO SENEGAL"
in which he has a majority. According
this Convention, the SAPCO, tenant
land belonging to the State, may yield to investors
serviced lots or identified,
being
contracts of assignment of lease rights in sublet. The famous
SAPCO led
by a nephew of the President of the Republic is
originally
a housing boom
unprecedented in the country.
of many Europeans attracted by the numerous ads touting
legal investments
(French, Belgian,
Swiss, Italian, English, etc.) but also
Senegalese have invested in heavy commercial and real estate programs
. From what
generate significant revenue for the state
tax and benefits
for nationals (permanent and seasonal jobs
,
explosion of construction, massive sale of products
local airport taxes,
etc.). But this prosperity has
property
negative consequences: first, it is attracting all
lusts, given the opening of an airport next
International
20 minutes from the resort of Saly
, in 2010.
Secondly, individuals
were victims of scams
from some adventurers
dark past who improvised
sponsor or trustee (these are not regulated professions
until very recently in Senegal )
which is also detrimental to
true professionals involved in this sector, there
including notaries. Developers
immoral
looted investors and / or threatened with eviction,
put into question by the local press
officials, the country serves as
bad student, a fortiori
when the Bar Council of Senegal
violates international conventions, by prohibiting
unilaterally, and at the same time
on false grounds, "the
Senegalese lawyers to form
"alongside a French lawyer
recognized in Senegal for years, Master Franck Zeitoun
mandated by many European investors for
defend
records spoliation.
Spoliation, property speculation,
violations of the Conventions International
lot of foreign investors, particularly French
having invested in Senegal are facing today
to unrest. Survey
exclusive Right Culture magazine. SENEGAL
Scandal
looted investors
EXCLUSIVE SURVEY! © DR
International / / / 17
17 17 17
culture LAW / / / In this context
imbroglio
legal-political
certain agreements signed between France and Senegal
take a particular color
the image of the Convention
Cooperation Judicial
29 March 1974 and the Agreement of 26 July 2007
on the Promotion and Reciprocal Protection of Investments
,
designed to avoid
that "the right of property
not impeded either
jure or de facto, as already stipulated in the Universal Declaration
of Human Rights
adopted by the United Nations on December 10, 1948
.
Hopefully
the Justice Minister of Senegal, who was appointed current
October, Foreign Affairs, arrives with his counterpart
French to settle a
situation became embarrassing
which has undoubtedly taken a
political aspect, the violation
of international conventions and bilateral
signed by these two countries
• Can you elaborate on these matters
looting and property speculation?
The first case concerns the theft of Golf
Saly, created by 2 customers
Brussels, who transformed a desert terrain
of 60 hectares in an 18-hole golf
, prompting today
all covetousness, as regards
the last land reserve
Station. The CEO was removed
SAPCO two Belgian investors
third of the surface they rented
since 1997 without paying them any compensation
to re-rent to a major local developer
which is currently implementing a program.
The case is pending before the Court of
Thies.
The second case concerns the defense of 42
French owners, mostly retirees, who risk expulsion
arbitrary, their houses have been confiscated by customs
Senegalese
following a dispute with their
promoter in which they
not party!
Indeed, customs
recently launched a vast operation against a number of arrests
French developers, who
would not be standing with the State
, who fled
mostly outside
a member of a
IVR company, which achieved a significant
real estate program. By decision of 4 September 2009
,
appealed, the Court of
Dakar, acting in corrections
sentenced the defendant to one month's
prison farm and to pay to the government through
Administration Customs
a whopping
of 6 billion CFA francs (about
€ 10,000,000). And against all odds
, the court or-
Author's first book on condominium law in Senegal,
decorated Commander of the Order of Merit of Senegal as
Abroad and member of the Union Internationale des Avocats, Advocate Versaillais
Franck Zeitoun, participated in the beginnings of professional regulation
trustee and administrator provisional condominium, which
have been incorporated into the Code of Construction Senegalese last July.
Currently, alongside other colleagues, he tries to defend
despite the pressures, many European investors looted. EXCLUSIVE INTERVIEW WITH
ADVOCATE DR FRANCK ZEITOUN
©
International / / / 18
18 18 18
culture LAW / / / November 2009
given the confiscation of the 42 villas
purchased legally by the French before
notary, after payment
rights
transfer to the State and the rents of land to the
SAPCO! The third case concerns
a supermarket run by a French
, robbed of more
€ 350,000. One of his employees
Senegalese was returned by the prosecutor before the Tribunal
M'bour in January of 2009.
The case is pending before the Court of Appeals
Dakar, the Court has followed
requisitions
surprising that the Prosecutor has requested the release, no new element in
file, in contradiction with that damning indictment
he had personally written
few months earlier ...
You get pressure?
Indisputably. Trials are biased
! While I regularly appears
in Senegal for over 10 years alongside
local colleagues, the Council of the Order of
Senegal, the initiative
its Secretary General, has recently prohibited
Senegalese lawyers to apply for me,
what constitutes a violation of bilateral agreements signed
in 1974 between France and
Senegal. This is a clear abuse of power
, Secretary General of the Order
being
counsel of the defendant's file
supermarket, and the essential right of my
European customers
who is able to choose their lawyer,
being violated.
Fighting Back? I immediately grabbed my
Bâtonnier, he and I
even naïve
claim about me, but his Senegalese counterpart
has not deigned to honor him with an answer, despite two letters
.
Unable to appeal a decision unilaterally
which I do
am not a party, so I seized the French and Senegalese authorities
to punish
this serious violation of the Convention
Cooperation Judicial
above. Reciprocity has been violated
, and it seems that I am not the first
French lawyer
victim of such methods.
Why not conduct a collective
offense?
is what I did. Fellow
renowned criminal lawyers, Jean-Yves Lienard
and William Bourdon, as well as the Dean
Jean-François
Morton, like me
members of the UIA agreed to be
by my side to initiate procedures
both France and Senegal
. Furthermore, an association
designed to protect
investors, will be created across
European
the above facts showing that there is no effective provision
protect individuals or small businesses that have invested
in some emerging countries.
Finally, what is the future for short term investors
foreigners in Senegal?
It is too early to answer.
On the judicial level, let
to justice, everything will be set
effort to prevent these robberies.
ordinal terms, I had a similar situation almost
in 2005. I was trying to prevent the theft of 47 condominium
by a provisional administrator of
condominium indelicate, and opposing counsel
, Council Member of the Order
Senegal
me openly discredited, preferring to tackle
the man rather than
defend his record.
His maneuvers have failed, the Justice having
worked perfectly, but it is true that in this case
, my correspondent
the time has not been barred from applying
for me so I
have gone up end:
administrator was imprisoned, and 47
owners have been able to keep their homes.
Finally, the political,
I'm sure the French and Senegalese authorities
does not allow the violation of the conventions that bind
•
"immoral developers, investors
looted and / or threatened with expulsion, placing
affected by the local press officials, the country serves as
demauvais student "
culture LAW / / / November 2009 The
Senegal
attracts more and more foreign investors, entrepreneurs and
individuals. However,
the State of Senegal does not
its European investors to benefit
any legal protection whatsoever
cons
the political risks, resulting
local conditions or arbitrary decisions
state, having signed no
Convention on the Organisation for Economic Cooperation and
economic development (OECD). Illustration
with the case of European investors in
seaside resort of Saly, 80 km from Dakar
. To promote tourism
, the State of Senegal
established in 1977 the "Society for the Development of the Petite Côte
"
called "SAPCO SENEGAL"
in which he has a majority. According
this Convention, the SAPCO, tenant
land belonging to the State, may yield to investors
serviced lots or identified,
being
contracts of assignment of lease rights in sublet. The famous
SAPCO led
by a nephew of the President of the Republic is
originally
a housing boom
unprecedented in the country.
of many Europeans attracted by the numerous ads touting
legal investments
(French, Belgian,
Swiss, Italian, English, etc.) but also
Senegalese have invested in heavy commercial and real estate programs
. From what
generate significant revenue for the state
tax and benefits
for nationals (permanent and seasonal jobs
,
explosion of construction, massive sale of products
local airport taxes,
etc.). But this prosperity has
property
negative consequences: first, it is attracting all
lusts, given the opening of an airport next
International
20 minutes from the resort of Saly
, in 2010.
Secondly, individuals
were victims of scams
from some adventurers
dark past who improvised
sponsor or trustee (these are not regulated professions
until very recently in Senegal )
which is also detrimental to
true professionals involved in this sector, there
including notaries. Developers
immoral
looted investors and / or threatened with eviction,
put into question by the local press
officials, the country serves as
bad student, a fortiori
when the Bar Council of Senegal
violates international conventions, by prohibiting
unilaterally, and at the same time
on false grounds, "the
Senegalese lawyers to form
"alongside a French lawyer
recognized in Senegal for years, Master Franck Zeitoun
mandated by many European investors for
defend
records spoliation.
Spoliation, property speculation,
violations of the Conventions International
lot of foreign investors, particularly French
having invested in Senegal are facing today
to unrest. Survey
exclusive Right Culture magazine. SENEGAL
Scandal
looted investors
EXCLUSIVE SURVEY! © DR
International / / / 17
17 17 17
culture LAW / / / In this context
imbroglio
legal-political
certain agreements signed between France and Senegal
take a particular color
the image of the Convention
Cooperation Judicial
29 March 1974 and the Agreement of 26 July 2007
on the Promotion and Reciprocal Protection of Investments
,
designed to avoid
that "the right of property
not impeded either
jure or de facto, as already stipulated in the Universal Declaration
of Human Rights
adopted by the United Nations on December 10, 1948
.
Hopefully
the Justice Minister of Senegal, who was appointed current
October, Foreign Affairs, arrives with his counterpart
French to settle a
situation became embarrassing
which has undoubtedly taken a
political aspect, the violation
of international conventions and bilateral
signed by these two countries
• Can you elaborate on these matters
looting and property speculation?
The first case concerns the theft of Golf
Saly, created by 2 customers
Brussels, who transformed a desert terrain
of 60 hectares in an 18-hole golf
, prompting today
all covetousness, as regards
the last land reserve
Station. The CEO was removed
SAPCO two Belgian investors
third of the surface they rented
since 1997 without paying them any compensation
to re-rent to a major local developer
which is currently implementing a program.
The case is pending before the Court of
Thies.
The second case concerns the defense of 42
French owners, mostly retirees, who risk expulsion
arbitrary, their houses have been confiscated by customs
Senegalese
following a dispute with their
promoter in which they
not party!
Indeed, customs
recently launched a vast operation against a number of arrests
French developers, who
would not be standing with the State
, who fled
mostly outside
a member of a
IVR company, which achieved a significant
real estate program. By decision of 4 September 2009
,
appealed, the Court of
Dakar, acting in corrections
sentenced the defendant to one month's
prison farm and to pay to the government through
Administration Customs
a whopping
of 6 billion CFA francs (about
€ 10,000,000). And against all odds
, the court or-
Author's first book on condominium law in Senegal,
decorated Commander of the Order of Merit of Senegal as
Abroad and member of the Union Internationale des Avocats, Advocate Versaillais
Franck Zeitoun, participated in the beginnings of professional regulation
trustee and administrator provisional condominium, which
have been incorporated into the Code of Construction Senegalese last July.
Currently, alongside other colleagues, he tries to defend
despite the pressures, many European investors looted. EXCLUSIVE INTERVIEW WITH
ADVOCATE DR FRANCK ZEITOUN
©
International / / / 18
18 18 18
culture LAW / / / November 2009
given the confiscation of the 42 villas
purchased legally by the French before
notary, after payment
rights
transfer to the State and the rents of land to the
SAPCO! The third case concerns
a supermarket run by a French
, robbed of more
€ 350,000. One of his employees
Senegalese was returned by the prosecutor before the Tribunal
M'bour in January of 2009.
The case is pending before the Court of Appeals
Dakar, the Court has followed
requisitions
surprising that the Prosecutor has requested the release, no new element in
file, in contradiction with that damning indictment
he had personally written
few months earlier ...
You get pressure?
Indisputably. Trials are biased
! While I regularly appears
in Senegal for over 10 years alongside
local colleagues, the Council of the Order of
Senegal, the initiative
its Secretary General, has recently prohibited
Senegalese lawyers to apply for me,
what constitutes a violation of bilateral agreements signed
in 1974 between France and
Senegal. This is a clear abuse of power
, Secretary General of the Order
being
counsel of the defendant's file
supermarket, and the essential right of my
European customers
who is able to choose their lawyer,
being violated.
Fighting Back? I immediately grabbed my
Bâtonnier, he and I
even naïve
claim about me, but his Senegalese counterpart
has not deigned to honor him with an answer, despite two letters
.
Unable to appeal a decision unilaterally
which I do
am not a party, so I seized the French and Senegalese authorities
to punish
this serious violation of the Convention
Cooperation Judicial
above. Reciprocity has been violated
, and it seems that I am not the first
French lawyer
victim of such methods.
Why not conduct a collective
offense?
is what I did. Fellow
renowned criminal lawyers, Jean-Yves Lienard
and William Bourdon, as well as the Dean
Jean-François
Morton, like me
members of the UIA agreed to be
by my side to initiate procedures
both France and Senegal
. Furthermore, an association
designed to protect
investors, will be created across
European
the above facts showing that there is no effective provision
protect individuals or small businesses that have invested
in some emerging countries.
Finally, what is the future for short term investors
foreigners in Senegal?
It is too early to answer.
On the judicial level, let
to justice, everything will be set
effort to prevent these robberies.
ordinal terms, I had a similar situation almost
in 2005. I was trying to prevent the theft of 47 condominium
by a provisional administrator of
condominium indelicate, and opposing counsel
, Council Member of the Order
Senegal
me openly discredited, preferring to tackle
the man rather than
defend his record.
His maneuvers have failed, the Justice having
worked perfectly, but it is true that in this case
, my correspondent
the time has not been barred from applying
for me so I
have gone up end:
administrator was imprisoned, and 47
owners have been able to keep their homes.
Finally, the political,
I'm sure the French and Senegalese authorities
does not allow the violation of the conventions that bind
•
"immoral developers, investors
looted and / or threatened with expulsion, placing
affected by the local press officials, the country serves as
demauvais student "
