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Saturday , October 1 2022

Establishment of ‘Land & Real Estate Authority’ constitutionally unsound

This post has been read 6791 times!

KUWAIT CITY, July 6: The Ministry of Municipality confirmed that the proposal submitted by a number of deputies to establish the Public Authority for Lands and Real Estate smells of unconstitutionality, reports Al-Qabas daily. It does not differentiate between state property and private property of individuals, and it may be understood from the articles that deal with the establishment of the authority, its objectives and competencies that the proposal for a special law to establish a body to manage, organize and protect state lands (private and public) without other private property of individuals.

The Municipality explained that the title of the proposal for a law provides for the establishment of a land and real estate authority to regulate matters related to real estate without movables, but it includes a single text dealing with the regulation of real estate and private movables owned by the state with an exceptional organization according to what is stated in Article No. 21, which states that: “An exception from the provisions of the previous article, it is permissible to lease the state’s private real estate or movable property at a nominal wage or less than the wage of the same to a legal person who does not seek to achieve material profit and aims to carry out a social, cultural, religious or sports activity by a decision of the Council and based on a proposal from a competent public authority in accordance with the law of its creation.

It is also permissible to lease state real estate properties to a legal person by a decision of the Council and based on a proposal from a competent public authority in accordance with the law of its establishment. The Municipality added the following: The articles of the proposed law, such as articles Nos. 5, 8, 15, 16, 28, 43, 53, 54, negatively includes the most important competencies of the municipality and transfers them to the Public Authority for Lands and Real Estate.

Thereby, the Municipality has been emptied of all its important competencies, which will undermine its legislative structure and disrupt its functions as an independent municipal authority and disrupt its performance of the role assigned to it by the constitution in accordance with the provisions of Article 133, as the Municipality and under its law works on drawing up the urban policy, its implementation and development in accordance with the plan and general structure of the state.

The Municipality noted that its competencies stipulated under Law 33 of 2016 are not related to state property only, but are also related to the regulation and control of private properties of individuals as well, noting that if these important competencies are transferred from the Municipality to the Public Authority for Lands and Real Estate, this matter will empty the Municipality of all Its important competencies.

It is clear from the texts of the aforementioned law proposal that there is ambiguity in defining the organizational structure of the proposed law, there is an overlap in jurisdiction that leads to a breach of the principle of impartiality, the Minister of Finance is the one who supervises the Authority, but he does not have any administrative guardianship over the decisions of the Board of Directors and there are three ministers who are members of the board of directors of the authority headed by the Minister of Finance and what are the limits of their responsibilities before the Council of Ministers for the decisions taken by the board and finally the proposed law in Articles 26 to 32 includes a provision for supervision of the profession of brokerage, evaluation and real estate survey, bearing in mind that the profession of brokerage and real estate evaluation is one of the commercial professions subject to the jurisdiction of the Ministry of Commerce and Industry.

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