𝐒𝐅𝐋𝐑𝐀𝐂 𝐜𝐡𝐚𝐥𝐥𝐞𝐧𝐠𝐞𝐬 𝐥𝐞𝐠𝐚𝐥 𝐛𝐚𝐬𝐢𝐬 𝐨𝐟 𝐬𝐭𝐚𝐭𝐞 𝐥𝐚𝐧𝐝 𝐚𝐥𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧𝐬 𝐢𝐧 𝐊𝐨𝐦𝐛𝐨

Securing Futures: Land Rights Action Collaborative (SFLRAC) has challenged the legal basis for the Gambian government’s allocation of land in Kombo North, Kombo South and Kombo Central, demanding that the Ministry of Lands, Regional Government and Religious Affairs identify the legal documents through which the State acquired the land.

In an open letter dated 2 November 2026 and addressed to the Minister of Lands, Regional Government and Religious Affairs, Honourable Hamat N.K. Bah, SFLRAC questioned whether the State legally owns the land it allocates in the three districts or merely holds it in trust for the communities concerned.

The organisation’s letter follows an investigation published by The Republic on 30 October 2026 into state land allocations made between 2017 and 2025. According to SFLRAC’s account of the investigation, the allocations included plots granted to senior public officials, their relatives, connected businesses and members of two successive National Assemblies.

SFLRAC also referred to inquiries into land allocations in Tanbi and Kamalo, which it said had identified unlawful allocations. The organisation called on the Ministry to publish both reports in full.

𝐃𝐢𝐬𝐩𝐮𝐭𝐞 𝐨𝐯𝐞𝐫 𝐝𝐞𝐬𝐢𝐠𝐧𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐥𝐚𝐧𝐝

At the centre of SFLRAC’s concerns is Legal Notice No. 2 of 1994, which designated Kombo North, Kombo South and Kombo Central as State land with effect from 1 March 1994 under Section 5(1) of the State Lands Act 1991.

SFLRAC argues that the designation of land does not necessarily establish State ownership. It maintains that Section 5(2) of the Act provides for designated land to be held by the State “for the use and common benefit” of the communities in which the land is situated.

The organisation interprets this provision as requiring the State to manage the land for the benefit of the relevant communities rather than treating it as property it can freely distribute.

It further argues that the Act distinguishes between land designated as State land and land acquired by the State through purchase or other lawful means.

SFLRAC maintains that the 1994 notice does not identify any purchase of the land or consent from the communities concerned.

The organisation also questions Section 7 of the Act, which provides that people holding land under their communities’ customary laws in designated districts become tenants of the State.

According to SFLRAC, the kabilolu—the customary landholding families and lineages of Kombo—did not sign leases or sell their land to the State, and the organisation says it is unaware of any documents showing that they agreed to become State tenants.

SFLRAC has therefore challenged the Ministry to identify the legal documents supporting its claim to ownership of the land it allocates.

𝐁𝐫𝐮𝐟𝐮𝐭 𝐚𝐥𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧𝐬 𝐫𝐚𝐢𝐬𝐞 𝐟𝐮𝐫𝐭𝐡𝐞𝐫 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬

The organisation cited land allocation records examined by The Republic as an example of the questions surrounding the Ministry’s practices.

According to SFLRAC, the records list 15 residential plots in Brufut. Two plots, identified by references SC 70/182/01/pt.VII(60) and SC 70/182/01/pt VII(6), were reportedly allocated to the same person a week apart in 2020.

SFLRAC noted that Minister Bah had reportedly told The Republic that the individual declined the two plots in favour of another plot in Fajara South Atlantic. However, the organisation said the records examined by the publication continued to show both Brufut plots in that individual’s name.

The letter further states that two plots are located in a Brufut Mini Layout, while the remaining 11 appear in records under the name “Brufut Forfiture (sic) Mini Layout”. According to SFLRAC, none of the 11 entries contains an allocation date or reference number.

These details, the organisation argues, raise questions about the documentation of the allocations and the legal basis on which the land was made available.

SFLRAC is also asking what benefit the Brufut community received from the allocation of the 15 residential plots, given its position that the State holds designated land for the benefit of the communities concerned.

If the land in the forfeiture layout was taken from a previous holder, the organisation wants the Ministry to disclose whose land it was and the legal basis for the forfeiture.

𝐂𝐚𝐥𝐥𝐬 𝐟𝐨𝐫 𝐚𝐜𝐪𝐮𝐢𝐬𝐢𝐭𝐢𝐨𝐧 𝐝𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐬 𝐚𝐧𝐝 𝐢𝐧𝐪𝐮𝐢𝐫𝐲 𝐫𝐞𝐩𝐨𝐫𝐭𝐬

SFLRAC acknowledges that the State has a legal mechanism for acquiring land for public purposes under the Land Acquisition and Compensation Act 1991, which provides for compensation.

It has called on the Ministry to publish any acquisition notices and compensation records relating to land allocated in the three Kombo districts.

The organisation argues that where the State has not demonstrated lawful acquisition, questions remain about its authority to allocate the land.

On 2 November 2026, SFLRAC said it submitted a formal request under the Access to Information Act 2021 to the Ministry’s Permanent Secretary, Dr Ebrima Sisawo.

The request seeks layout plans covering the 15 Brufut plots, documents showing how the State acquired the land, the forfeiture order relating to the Brufut Forfiture Mini Layout, and any records of consent or compensation involving the customary landholders.

According to SFLRAC, the Ministry has 21 days to respond to the information request, after which the organisation intends to publish the response or report the Ministry’s failure to respond.

𝐓𝐰𝐨 𝐝𝐞𝐦𝐚𝐧𝐝𝐬 𝐭𝐨 𝐭𝐡𝐞 𝐌𝐢𝐧𝐢𝐬𝐭𝐫𝐲

In its open letter, SFLRAC made two principal requests to Minister Bah:

1. That the Ministry identify, for every layout allocated in Kombo North, Kombo South and Kombo Central since 2017, the document through which the State acquired the land, or confirm that it relies solely on the designation of the districts as State land.

2. That the Ministry publish the Tanbi and Kamalo inquiry reports in full.

The organisation said the questions were fundamental to addressing concerns about land distribution and protecting the rights of customary landholding communities.

It also referenced the National Land Policy 2026–2035, arguing that the promise of fair access to land would be undermined if the State allocated land without demonstrating that it had lawfully acquired ownership.

SFLRAC Executive Director Ahmed Manjang signed the letter, reiterating the organisation’s call for the Ministry to explain the legal basis for its land allocations.

The Ministry’s response to the questions raised in the letter had not been provided in the material supplied for this report.