According to Les Échos, the Supreme Court agrees with Cheikh Dieng and restores the territorial division in the area of Keur Massar, Pikine, etc. The Administrative Chamber of the High Court thus took the opposite view of Macky Sall, who, in 2021, had issued a decree to attach a portion of the commune of Djiddah Thiaroye Kao, including the Boubess market, to the commune of Wakhinane- Nimzatt. Following the annulment request filed by the mayor of Jiddah, Cheikh Dieng, the Administrative Chamber annulled Macky Sall's decree.
The Supreme Court thus returned to the commune of Djiddah Thiaroye Kao what belonged to it. Indeed, by decree no. 2021-1688 of May 28, 2021, Macky Sall proceeded to split the municipality of Keur Massar and fixed its territorial limits in the departments of Keur Massar, Guédiawaye, Pikine and Rufisque. A portion of the commune of Djiddah Thiaroye Kao, where the Boubess market is located, had been attached to the commune of Wakhinane-Nimzatt, probably for political purposes.
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Finding this unfair, Mayor Cheikh Dieng appealed the decision to the Supreme Court, asking for its annulment. The Administrative Chamber ruled, certainly late, but it agreed with Cheikh Dieng, according to Les Échos, which reported the information this Tuesday, November 5, 2024. In fact, the Administrative Chamber annulled the decree. In his request, the mayor of Jiddah Thiaroye Kao invoked several grounds: violation of the law, material inaccuracy of the facts, misuse of power and violation of a decision of the Supreme Court.
According to the Administrative Chamber, headed by Abdoulaye Ndiaye, the sole violation of articles 76, 77 and 78 of the General Code of Territorial Communities is sufficient to annul the decree. Article 77 stipulates that if the project concerns the detachment of a portion of the territory of a municipality, whether to attach it to another municipality or to establish it as a separate municipality, the representative of the State may, by decree, create a commission which will give its opinion on the project; Article 78 specifies that, after completing the various formalities provided for in Articles 76 and 77, municipal councilors must give their opinion. However, according to the Chamber, it does not appear from the documents at its disposal that an investigation was ordered and that the municipal councilors of the two municipalities concerned gave their opinion on the proposed modification. Thus, the decree is subject to cancellation, according to President Abdoulaye Ndiaye and his advisors.
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However, given that this decree led to disruptions and in order not to cause too much harm to those administered, particularly in matters of civil status, land and town planning, the Court decides that the cancellation only has effects for the 'future. For the Court, it is up to the administrative judge to take into account the consequences of the retroactivity of the cancellation for the various public or private interests involved. This cancellation is, in reality, partial, because it only concerns the part of the decree attaching the north-eastern part of the Baghdad 4 district to the commune of Wakhinane-Nimzatt.
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