The commune of Palmarin, whose smoothness is shaken by a land dispute caused by a decree taken in August 2023 for a downgrading of outbuildings in the public maritime and river domain for the benefit of François Ndiaye. However, the ongoing controversy has spilled over into the national domain.
The commune of Palmarin, known for its gentleness, is today at the heart of a land dispute sparked by a decree taken in August 2023, supposed to declassify outbuildings in the public maritime and river domain for the benefit of François Ndiaye, father of Maxime Jean Simon Ndiaye, former Secretary General of the Government. But, it caused a stir: decree n°2023-1775 of August 29, 2023, which aims to declassify land in Palmarin, in the department of Fatick, and to register it in the name of the State without prior formalities, in view of their concession in the form of leases. According to the presidential note, these are six plots with a total area of several thousand square meters. However, it appears that land actually falls under national domain and has been occupied for a long time. One of the lands concerned, located in the village of Diakhanor, is at the center of the protests. With an area of 92 ares 06 centiares, it was sold in 2005 by Mr. Emmanuel Faye to Mr. Toumani Touré and Mrs. Nadia Christelle Jumelle for a tourist camp project. A deliberation of the Palmarin Rural Council, approved by an order from the sub-prefect in 2010, formalized this acquisition. Ms. Jumelle then obtained a building permit.
The history of transfers
After having exploited the land for several years, Ms. Jumelle transferred it in 2022 to Mr. Amo Bey and Ms. Wafane Reugeueg. This couple regularized the property with a municipal deliberation and a sub-prefectural decree. In December 2023, they transferred it to the Yas Real Estate Company, which registered the deed of transfer in January 2024. According to the Palmarin town hall, all these “transactions took place regularly and in accordance with the laws on the domain national”.
François Ndiaye at the heart of the controversy
To clarify the situation, the Yas Real Estate Company submitted a request for regularization by way of lease to the Ministry of Finance in January 2024. Investigations carried out by the Cadastre, Urban Planning and Domaines de Fatick confirmed that the plot in question is indeed part of the national domain.
-While François Ndiaye, beneficiary of the controversial decree, is accused of having obtained this decision without municipal deliberation. The Palmarin town hall denounces a “fraudulent use” of the decree and calls on the State of Senegal to launch an investigation. The objective, according to her, is to annul the decree, to restore the rights of honest investors who contribute to the development of tourism and to protect the jobs threatened by this affair.
How was it possible to pass inhabited and built lands from the national domain as dependencies of the maritime domain? Did the influence of his son Maxime Jean Simon Ndiaye play a role in the making of this decree?
In any case, this affair rekindles the debate on governance and transparency in land management, in a context where land constitutes an essential resource for local communities and economic development.
THE OPINION OF FRANÇOIS NDIAYE
For four days, we tried to contact the Ndiaye family. When questioned, several relatives were unable to establish the connection. Beneficiary of the decree in question, Mr. François Ndiaye, who has an order from the Minister of Finance and the Budget authorizing him to occupy this maritime public domain on a precarious and revocable basis, estimated throughout the procedure that the plot is of the public fluvial and maritime domain and that no local authority is competent for the allocation of a plot of land.
