In this outlying village 8 km from Toamasina, residents are fighting for their land. A plot of land known as ‘Manarintsoa Ampasimpotsy’, located in the middle of the ‘Kevin V’ property, is at the heart of this dispute, which has turned into a conflict.
Saturday 4 January 2020, Antentezantona, Fokontany d’Ambodisaina, Commune suburbaine de Toamasina, District de Toamasina II. The people of Ambodisaina were hardly expecting it when a demolition operation and eviction of several homes took place. Houses, fields, a school, a church – all the infrastructure in Antentezantona was demolished in one day. In all, ‘one hundred and ninety roofs demolished and one hundred and sixty people affected’ are to be deplored, according to the report by the bailiff, Landry Tody, dated 8 January 2020. The residents of Antentezantona have been through a veritable nightmare. ‘It was ’unprecedented”, according to Anicet, a member of Valaben’ny Tia Tanindrazana (VTT), a human rights association. ‘There was general distress in Antentezantona’, says Randria, a former Fokontany chief. The owners couldn’t bear to see their life savings wiped out in such a short space of time. ‘More than a dozen heads of household had tears in their eyes, and others fainted’, he continues. Those who could helped each other to move their belongings and hastily collect what was left of the building materials. On Saturday 4 January, the mission was to implement the decision handed down by the Court of Cassation on the property known as ‘Kevin V’, at the end of a process to apply for state-owned land. The court ruled in favour of Colonel René Jaozandry following a dispute between him and the association ‘Fikambanam-bahoaka manitatra ny tanànan’i Toamasina’ (FIMATATA), chaired by Joseph Ialina Tiana. This decision was enforced by Benjamin, the Colonel’s henchman.
Land disputes against a backdrop of corruption: boundary stones destroyed!
Everything seems to be in order; this 18-hectare plot is indeed titled and bounded in the name of this officer. Unfortunately, Benjamin and his henchmen were not content to raze the infrastructure on ‘Kevin V’; they extended the boundary to ‘Manarintsoa Ampasimpotsy’, another plot of land located in the middle of ‘Kevin V’. ‘Manarintsoa Ampasimpotsy’ has a surface area of 4ha 58a 32ca and belongs to a man named Joël Seth, according to the certificate of legal status issued by the Domaines et de la Propriété Foncière de Toamasina II. It is therefore titled and bounded exclusively according to the ‘title de vente sous condition résolutoire en date du 2 mai 1972’ to Mr Joël Seth. ‘The demolition and eviction operations should not have affected the Manarintsoa Ampasimpotsy estate’, explain the representatives of the Fokonolona. For this population, there is only one explanation: ‘The old bollards were destroyed’ and new ones were put up by Benjamin’s team.
“I remember it was 8 January 2020, the day before the planned raid by the commission led by the Toamasina II Land and Property Department. They (editor’s note: Benjamin’s men) had rushed to lay new boundary stones, without a technician from the topographical service. They’re not even real boundary stones, but simple posts with a red ribbon”, says Bienvenue Rafarasoa, treasurer of VTT. Be Florent, former deputy mayor of Toamasina II, corroborates this statement. He is well placed to know the background to the story, as he held this position until January 2019. ‘Yes, there was destruction of property and eviction of people from the ’Kevin V” property on 4 January 2020. The day before the reclamation commission raided the property, Benjamin’s team put up red stakes all over the place. Naturally, the topographers simply followed these markers to place the new markers on the day of the raid. Representatives of the Fokonolona reminded the surveyors of the location of the old markers, which date back to 1972, but they refused to check them.
Money for demolition!
According to the occupants of the land, ‘the original boundary marker is located 100 metres from the estate belonging to Edwige Elidia Ratsara, known as Rasazy’. Rasazy is a well-known village matron and general secretary of the local Justice and Peace NGO. Her house was barely spared during the demolitions. “My house was not destroyed because Colonel René Jaozandry saw that it was of public use in the neighbourhood. I take care of and house patients who, in most cases, come from disadvantaged backgrounds”, explains Edwige Elidia Ratsara. Negotiations certainly succeeded, but with difficulty. Considering the new boundary on ‘Manarintsoa Ampasimpotsy’, the demolition should have affected a large part of Rasazy’s house; only 1 metre of the building’s length would have been spared, and the 15 metres would have been reduced to rubble. As a result, the house would no longer have been habitable after the demolition. Rasazy was thus able to negotiate the rescue of his home with the owner of ‘Kevin V’. But Benjamin, the colonel’s agent, also came out on top. Benjamin agreed to save Rasazy’s house on condition that the owner paid him 3 million Ariary.
“At first, he demanded 4 million Ariary. I begged him because I couldn’t afford to buy a new house. What’s more, that sum represented my entire fortune. Benjamin agreed to lower his price to 3 million Ariary. I haggled some more and we finally agreed on 2 million Ariary. Payment is made in instalments and no documents are drawn up for this purpose. It’s a question of trust, ‘he told me, ’But I wrote down each payment in my little notebook anyway”, reveals Edwige Elidia Ratsara. The matron began to pay off ‘her debt’ on 18 January 2020: 400,000 Ariary paid, followed by a deposit of 300,000 Ariary on 24 January, 300,000 Ariary on 29 January. The last payment of 500,000 Ariary was made on 8 February. By this date, Rasazy claims to have paid a total of 1.5 million Ariary. All that remains is for him to pay 500,000 Ariary. According to Rasazy: “He calls me out of the blue to ask me to collect the money. Then he comes in person to collect it or sends an emissary”, was the modus operandi applied.
“This midwife, as well as being pregnant, has just lost her father because of this land dispute. She’s already been in a terrible situation because of this man. How can he do such a thing when this woman has done so much for our society? She’s the one who sheltered the pupils after the village school was destroyed”, says Noelson Rasolo, a retired teacher. When asked about this unofficial arrangement, Benjamin was furious: “There was never any agreement. I didn’t ask this lady for any money. I agree: if it were up to me, her house (Rasazy’s) would have been demolished a long time ago. But the Colonel is against it because the house is for public use”. The Colonel, who was contacted by telephone, clearly stated that he had ‘never commissioned anyone to extort money from the villagers.
Considerable damage and losses
Development in Antentezantona, Ambodisaina was just taking off. Judging by the wreckage of solid buildings and the ruins of concrete foundations, the village must have been one of the more advanced suburban areas. Sanga Diane, her sister’s representative, bought a house here. Her sister, who lives abroad, invested more than 20 million Ariary in Ambodisaina, to buy the land, the house that had already been built and to pay the transfer fees and the paperwork.
At the time the sale was concluded, Sanga Diane, as the buyer, was unaware of the land dispute. “The house we were sold was not supposed to be affected by this problem. In fact, the seller reassured us that the dispute concerned the neighbouring property (editor’s note: Kevin V), and not the 4ha plot in the middle”, she confides. A few months later, on 4 January 2020, the worst happened. The property built on ‘Manarintsoa Ampasimpotsy’ was swept away by the machines. “It was a nightmare. We were really wrong to have concluded this sale”, laments Sanga Diane. The beautiful house, distinguished by its modern architecture, was reduced to rubble in a matter of minutes. The owner was not notified of the demolition and was absent at the time. The house’s salvageable materials were ransacked. Roofs, doors and some furniture were stolen.
Suspicion of corruption
This situation, which has caused so many losses, follows the issuing of a business number in the name of Colonel René Jaozandry for the ‘Manarintsoa Ampasimpotsy’ property. Joël Seth, unknown to this day, has not exercised his right to this land for years. The occupants have seized this opportunity to apply to acquire the land, which has been under development for years. According to a land specialist, land can be returned to the State if the presumed owner does not come forward within five years of acquisition. The certificate of legal status states that ‘Manarintsoa Ampasimpotsy’ has been titled and demarcated in the name of Joel Seth since 1972. Once the land has reverted to state ownership, the acquisition procedure for those who have used it or, failing that, those who wish to acquire it can begin.
Written testimony from Jonah Roilahy, Member of Parliament for Toamasina II, confirmed that the residents who began the acquisition procedure had occupied the ‘Manarintsoa Ampasimpotsy’ estate for decades and had developed it. “I can confirm that this land has been developed by the Fokonolona since 1975. The Fokonolona got together and started to regularise their presence in Antentezantona in 2002. An association of villagers has been set up to initiate the acquisition procedure with the commune of Toamasina Suburbaine”, explains Deputy Jonah Roilahy in a note signed on 6 January 2020. These are the same people who formed the FIMATATA association and subsequently applied for a business number for the land. After acquiring ‘Kevin V’, Colonel René Jaozandry also applied for a business number for the same property. His request was quickly granted, much to the dismay of the FIMATATA villagers.
What does the law say?
Law no. 2008-014 of 23 July 2008 on the private domain of the State, decentralised local authorities and legal entities governed by public law, and Decree no. 2010-233 setting out the application of Law no. 2008-014 of 23 July 2008 are clear. “If the land is already titled, even on a provisional basis, to a person, no one can obtain a case number. Unless the land is reclaimed by the State”. This is not yet the case for the ‘Manarintsoa Ampasimpotsy’ estate.
The issuing of the business number, which has some grey areas. Those in charge of the Toamasina II Regional Land and Topography Department, namely Mirella and Miariniony Dimbiharivola – known as Chief Ony – stand out from the crowd. The two chiefs were singled out in this affair, and their partiality in handling the case was quickly exposed.
When asked to comment on the situation, particularly with regard to the ‘Manarintsoa Ampasimpotsy’ estate, these officials from the Toamasina II Land Registry preferred to say that the case was still under investigation. It is impossible to have more details under these circumstances. On 30 December 2019, Land Inspector Miariniony Dimbiharivola signed a summons. The mayor of the Suburban Municipality of Toamasina II was notified, to attend a raid to establish the development of the disputed land, scheduled for 9 January 2020. A meeting of the commission is scheduled, in accordance with ST No. 195/19-MAHTP/SG/DGSF/SERTF of 19 February 2019, for a new assessment of the development of the property known as ‘Manarintsoa Ampatsimpotsy’ TN 5422-BA. The residents of Antentezantona were notified of this raid requested by Colonel René Jaozandry, according to the summons.
Another mystery persists. By law, no one can claim to be the owner of an estate with only a business number in their possession. This is only the third of the fourteen steps required to obtain a land title. Proof that a plot of land has been developed cannot be based solely on the possession of a business number. This raid by the commission on 9 January 2019 has aggravated the situation in this locality. During our interview, the Property Inspector, Chief Ony, stated that “no property within the estate known as “Manarintsoa Ampasimpotsy” has been destroyed. Only the ‘Kevin V’ houses were demolished and their occupants evicted by force of arms”.
Miariniony Dimbiharivola, the Land Inspector and Chair of the land valuation commission, refused to provide any further information on the case, citing the ongoing investigation. “Since the acquisition file is under investigation, no documents are available to anyone, not even the stakeholders who attended the commission meeting. The copy of the minutes is even confidential”, Miariniony Dimbiharivola explained to Transparency International – Initiative Madagascar during an interview at the office of the Direction des Domaines et de la Propriété Foncière de Toamasina II on 14 February 2020. This PV is a key document in the dispute. According to a number of witnesses, including the president of FIMATATA, the former deputy mayor and the representative of the fokonolona, the minutes have been amended. “We mentioned it in the minutes. We did not agree on the conclusion of this raid. We asked that the surveyors present during the raid examine the old markers and use this information to draw up their report. They offered to do this at a later date”, says Randria indignantly.
‘If the topographers had agreed to see the location of the old markers, the members of the commission, and those who were present on 9 January 2020, including Chief Ony, could have concluded that the markers had been moved and the boundary of ’Kevin V ‘had been extended, subsequently proving that infrastructure within ’Manarintsoa Ampasimpotsy ‘had been targeted for demolition’, Randria continues.
No one apart from the staff of the Service des Domaines, including Chef Ony and Chef Mirella, has the famous PV in their possession. ‘I asked for a copy on behalf of the Commune, but my request went unanswered,’ says Be Florent, the former deputy mayor, and the president of FIMATATA. The VTT association is facing the same problem. The boundary of the property titled in the name of Colonel René Jaozandry is a long way from Joël Seth’s property. If this boundary had been respected, no house or field would have been destroyed.
Colonel Jaozandry and his team deny this. ‘We didn’t touch any houses outside the “Kevin V” property’, insists Colonel Jaozandry, contacted by telephone. Benjamin, of course, backs up these comments: ‘These are pure allegations. Surveyor James Elien Ratsimaloto, working on behalf of Colonel René Jaozandry, backs up his client’s claims: ‘The demarcation was carried out in accordance with the standards’. The residents are distraught. “I don’t know who’s telling the truth and who’s lying. I’m not in a position to say whether the boundary markers currently in place are original or not. What I do know is that I have asked for a case number, I have asked for the bollards to be reinstated”, says Joseph Ialina Tiana, president of FIMATATA.
A suspicious and unfair compromise?
This is a dispute that should have been concluded amicably according to the explanations of the Prefect of the region, Cyril Benandrasana. An agreement was reached between FIMATATA and Colonel René Jaozandry following a meeting held on 13 July 2019 at the Toamasina Prefecture. This meeting was demanded by Richardson Rakotomalala, the Director of the Office of Grievances of the Presidency in person, given the extent of the damage. Cyril Benandrasana, the Public Prosecutor, the Head of the Regional Land Department, the Head of the Regional Topography Department, the Deputy Head of the Toamasina II Land and Property Department, Colonel René Jaozandry, and members of FIMATATA were present to find a solution to this land dispute in Antentezantona.
After heated exchanges between the villagers and the Colonel, the latter agreed to withdraw his request to acquire the ‘Manarintsoa Ampasimpotsy’ property. The officer proposed offering 7 hectares to the Fokonolona, including 4 hectares 50 of ‘Manarintsoa Ampasimpotsy’ and 2 hectares 50 of his property, ‘Kevin V’, to resettle the three hundred and eighty-three families of FIMATATA; each family receiving a 200 m² plot. The resolution was adopted by the local authorities and FIMATATA members. VTT, on the other hand, opposed it. The human rights organisation considered the agreement suspicious and unfair. For this civil society organisation, the process of acquiring ‘Manarintsoa Ampasimpotsy’ is underway and no taxes should be levied beforehand. “Colonel Jaozandry has no right to the 4 hectares of Manarintsoa Ampasimpotsy. Why did he propose a 7-hectare plot including ‘Manarintsoa Ampasimpotsy’? If he wants to help the villagers, why not subtract 7 hectares from his 18 hectares of ‘Kevin V’, according to VTT. Misplaced and selfish” remarks, according to the regional Prefect. ‘They would have already been in possession of the title deeds if they had accepted the proposal that came out of the meeting’, explains this representative of the State, who preferred to wash his hands of the matter. “I’ll leave them to settle the dispute between themselves. I’ve done enough, I’m giving up mediation”.
As for the President of the FIMATATA association, he accepted the deal to put an end to the dispute. “I’m tired of fighting for this land. At the same time, I’m afraid because I’ve already been imprisoned when I stood up to Colonel Jaozandry over the ‘Kevin V’ case. Who’s going to look after me if I’m imprisoned again? Who’s going to pay the bills, my lawyer’s fees? Who’s going to provide for my family, who’s going to look after me in prison? After the demolition on 4 January, Antentezantona was apparently calm. Some villagers are waiting for the resolution signed on 16 July 2019 to be implemented. However, the president of FIMATATA has realised that his association is being short-changed in the implementation of this agreement. Joseph Ialina Tiana has been told that only 8,000 m² will be divided up for the members: a plot of less than 1 hectare that will not be enough to resettle the families. This area of one hectare would be what remains of the unmarked land on ‘Manarintsoa Ampasimpotsy’ if we take the new markers installed by Benjamin’s team as a benchmark.
