Mairie de Dakar Condamne Agetip Corniche Ouest: Demolitions Lack Valid Decree

• The City of Dakar has condemned recent demolitions on the Corniche Ouest, attributing them to Agetip and labeling the actions an "intolerable voie de fait."
• The city argues that Décret N° 2021-1055, cited by Agetip for public utility, expired on August 2, 2024, rendering Agetip's current operations legally invalid.
• Mayor Abass Fall had previously denounced the interventions as "banditry" and announced legal action to document the damage.
• The City of Dakar alleges Agetip's actions constitute a "blocking strategy" impacting its 13 billion CFA francs investment and preparations for the JOJ 2026.
• The municipal bureau plans to pursue all legal avenues and calls for dialogue with the central government to protect citizens' interests.

The municipal bureau asserts that Décret N° 2021-1055, issued on August 2, 2021, which Agetip cited to declare the Corniche Ouest site of public utility, is no longer valid.

The City of Dakar has strongly condemned recent demolition activities carried out on the Corniche Ouest, attributing them to the Agency for the Execution of Public Interest Works Against Underemployment (Agetip). An emergency meeting of the municipal bureau, expanded to include elected secretaries and commission presidents, convened on Saturday, August 22, 2026, to address what the city council termed an "intolerable voie de fait" within a state governed by law. This decisive stance by the Mairie de Dakar condemns Agetip Corniche Ouest operations, signaling a significant escalation in the ongoing dispute.

Mayor Abass Fall had previously voiced his strong disapproval, characterizing the interventions on the sports path as "banditry" on August 21, 2026. He announced his intention to dispatch a bailiff to document the damage, a move that preceded the urgent municipal gathering. The City of Dakar has publicly affirmed its support for Mayor Fall, portraying him as a staunch defender of municipal heritage against these actions. The destroyed facilities, which the city insists are substantial sports infrastructures rather than mere "small exercise equipment," were reportedly a donation from the People's Republic of China, part of a decentralized cooperation initiative.

At the heart of the conflict is a fundamental disagreement over the legal basis for Agetip's actions. The municipal bureau asserts that Décret N° 2021-1055, issued on August 2, 2021, which Agetip cited to declare the Corniche Ouest site of public utility, is no longer valid. The City of Dakar maintains that this decree explicitly stipulated a three-year period of validity, meaning it officially expired on August 2, 2024. This contention regarding the Décret N° 2021-1055 Dakar validité forms the cornerstone of the city's legal challenge, arguing that Agetip's operations lack a current legal foundation.

The municipality's accusation of "voie de fait" against Agetip underscores its position that the agency's actions constitute an unlawful infringement on municipal property and authority, bypassing proper legal procedures. This legal concept, central to administrative law, implies an act by a public entity that is manifestly illegal and infringes on fundamental rights or property. The City of Dakar is therefore challenging not just the demolitions themselves, but the very legitimacy of Agetip's intervention on municipal land, particularly given the alleged expiration of the enabling decree.

The dispute also casts a shadow over Dakar's preparations for the 2026 Youth Olympic Games (JOJ 2026 Corniche Ouest litige). The City of Dakar alleges that Agetip is employing a "blocking strategy" as the Games approach. In response to requests from the JOJ Organizing Committee, the city claims to have initiated three key projects: enhancing public lighting, renovating a basketball court in collaboration with the Basket African League (BAL), and upgrading the Sino-Senegalese sports facility. These efforts represent a significant investment, with the municipality stating it has already allocated over 13 billion CFA francs towards the JOJ 2026.

According to the municipal administration, Agetip subsequently declined to consider four alternative locations proposed by the city for its "Dragon" equipment, despite ongoing discussions. This refusal, coupled with the demolitions, is viewed by the Mairie de Dakar as directly impeding its efforts to prepare for the international event. The city also clarified that a 5 billion CFA francs aid package from the state is unrelated to the current contentious demolitions, emphasizing that this financial support does not mitigate the issues surrounding Agetip's actions.

In light of these developments, the municipal bureau has expressed its dissatisfaction with what it perceives as a "tendentious" arbitration by the Premier Minister. The City of Dakar has announced its firm intention to pursue all available legal avenues to address the situation. This commitment to legal recourse highlights the seriousness with which the Mairie de Dakar views the alleged overreach by Agetip.

Beyond legal action, the city has also called for a constructive dialogue between the City of Dakar and the central government. The stated aim of this dialogue is to safeguard the interests of Dakar's citizens, suggesting a desire to resolve the broader jurisdictional and operational disagreements that underpin the current conflict. The ongoing tension between the Mairie de Dakar and Agetip, particularly concerning the Corniche Ouest démolitions, underscores the complex interplay between municipal autonomy and state agency powers in urban development projects.

Lawyers advising on public works, urban planning, or land disputes in Senegal should monitor this conflict between the City of Dakar and Agetip. The dispute highlights critical issues regarding the interpretation and expiration of public utility decrees (Décret N° 2021-1055) and the legal concept of 'voie de fait' in administrative actions, potentially setting precedents for municipal autonomy versus state agency powers.

Source: Original reporting via Pressafrik.