The creation of the “Land & Real Estate Authority” is not in accordance with the Constitution – ARAB TIMES
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KUWAIT CITY, July 6: The Ministry of Municipalities has confirmed that the proposal submitted by a number of MPs to establish the Public Authority for Lands and Real Estate smacks of unconstitutionality, Al-Qabas daily reports. There is no distinction between State property and private property of individuals, and it appears from the articles dealing with the creation of the authority, its objectives and its competences that the special law proposal establishing a body for the management, organization and protection of state lands (private and public) without other private property of individuals.
The Municipality explained that the title of the bill provides for the creation of a land and real estate authority to regulate matters relating to non-movable real estate, but that it includes a single text dealing with the regulation of real estate and movable property owned by the State with an exceptional organization according to what is stipulated in article n° 21 which stipulates that: “As an exception to the provisions of the preceding article, it is permitted to rent the real estate or movable private property of the State at a nominal salary or less than the salary of the latter to a legal entity which does not seek to make a material profit and aims to carry out a social, cultural, religious or sporting activity by decision of the Council and on the proposal of a competent public authority in accordance with the law of its creation.
It is also permitted to lease state real estate to a legal person by decision of the Council and on the proposal of 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 include the most important competences of the municipality and transfer them to the public authority for land and real estate.
As a result, the Municipality has been emptied of all its important competences, which will undermine its legislative structure and disrupt its functions as an independent municipal authority and disrupt the exercise of the role assigned to it by the Constitution in accordance with the provisions of article 133, as a municipality and under its law works for the development of urban policy, its implementation and development in accordance with the plan and the general structure of the State.
The municipality noted that its competences stipulated by Law 33 of 2016 are not related only to state property, but are also related to the regulation and control of private properties of individuals, noting that while these important competences are transferred from the municipality to the Public Authority for Domains and Real Estate, this case will empty the Municipality of all its important powers.
It appears from the texts of the aforementioned bill that there is an ambiguity in the definition of the organizational structure of the bill, there is an overlap of powers which leads to a violation of the principle of impartiality, the Minister of Finance is the one who supervises the Authority, but he does not exercise any administrative supervision 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 which are the limits of their responsibilities before the Council of Ministers for the decisions taken by the council and finally the bill in articles 26 to 32 includes a provision for the supervision of the profession of brokerage, valuation and real estate expertise, knowing that the profession of real estate brokerage and appraisal is part of the commercial professions subject to the jurisdiction of the Ministry of Commerce and ‘industry.