Parliamentary Inquiry Reveals State's Loss of Property Records

On Thursday, October 8, in Senegal, former directors-general of AGEPBE and SOGEPA, Yaya Abdoul Kane and Elimane Pouye, testified before a parliamentary inquiry commission, revealing significant deficiencies in the knowledge, documentation, and legal security of the state's built heritage, with Kane stating the state does not control its real estate assets and found only 192 buildings in the database upon his arrival, despite later identifying nearly 2,000.

This testimony highlights a critical systemic issue within the Senegalese public administration regarding the management of state assets, potentially exposing the state to substantial financial losses, legal disputes over property ownership, and inefficiencies in public resource utilization. The discovery of 35 billion CFA francs in payment arrears and an annual rental charge of 18 billion CFA francs underscores the financial implications of this lack of control. For practitioners, this situation signals the potential for future legislative or regulatory reforms aimed at rectifying these deficiencies and emphasizes the importance of robust due diligence in any transactions involving state-owned properties.

The legal context for these revelations involves the framework governing public and private domain properties of the Senegalese State, property registration laws, and administrative procedures for asset management and disposal. The parliamentary inquiry commission, operating under its legislative mandate, is investigating the operations of the Agence de Gestion du Patrimoine Bâti de l'État (AGEPBE) and the Société de Gestion du Patrimoine de l'État (SOGEPA), which are key public entities tasked with managing state assets. The findings suggest a profound failure in the implementation and enforcement of existing legal and administrative protocols for property management.

Key parties involved include the parliamentary inquiry commission itself, former AGEPBE Director-General Yaya Abdoul Kane, former SOGEPA Director-General Elimane Pouye, and implicitly, the Senegalese State as the owner of the patrimony. The testimony also implicates the administrative structures responsible for property management and record-keeping, whose operational effectiveness and adherence to their mandates are now under intense scrutiny. The outcome of this parliamentary inquiry, including any recommendations for legal or institutional reforms, is not yet reported.

Attorneys and businesses engaging in real estate transactions in Senegal, particularly those involving state-owned or formerly state-owned properties, must exercise extreme caution and conduct thorough investigations into the chain of title and administrative approvals. The revelations suggest a high risk of encountering undocumented properties, unclear ownership, or irregular disposal processes. Practitioners should anticipate potential legislative reforms aimed at improving state asset management and strengthening property registration, which could impact future transactions and existing property rights. They should also advise clients on the potential for legal challenges arising from past irregular transactions and the need for enhanced due diligence.