2023-05-17 22:59:12
Stopped by two court decisions, the diggers of Operation “Wuambushu”, responsible for destroying several slums in Mayotte, are now authorized to enter into action. This will most likely occur in the week of Monday, May 22 following a long weekend. After two setbacks, the prefecture of Mayotte won the case once morest twenty families from the slum of Talus 2, in Koungou, who contested the destruction of their homes.
The Mayotte appeals chamber overturned, on Wednesday May 17, the decision of the Mamoudzou judicial court which had suspended, on April 24 on the eve of the launch of “Wuambushu”, the evacuation and demolition operations, say “decasages”, affecting nearly seventy families in this district north of the Mahoran capital. Contested by the prefecture, lambasted by the supporters of the operation, this decision of first instance considered the destruction as “irregular” because of ” assault “.
The appeals judges said quite the opposite, following the arguments of the state’s lawyers, Mr.es Alain Rapady and Olivier Tamil, who argued that there can be no ” assault “ and that the judicial judge has no jurisdiction in this dispute.
The twenty applicant families “Occupy shelters built in illegal conditions on plots owned mainly by the department of Mayotte”emphasizes the Appeals Chamber in its judgment. “Apart from the status of occupant, they have not justified any element which makes it possible to establish the reality of the right of ownership which they consider reached. » Attacks on their property, adds the jurisdiction, “present a totally uncertain character”. Conclusion of the appeal judges: possible damage to property would fall “at most an administrative fault likely, if necessary, to give rise to compensation” but no“an assault”.
“Another political decision”
Deeming themselves “incompetent”, the appeal judges consider that the only valid decision in this dispute is that of the administrative court of Mayotte. On Saturday May 13, this court reversed things by returning in turn to its suspension of the “unpacking” of these twenty families from the slum of Talus 2. According to the established expression, the administrative court “turned down his prescription”. As is possible in the summary procedure, the judge validated the “new elements” presented by the prefecture of Mayotte on the conditions for the rehousing of future evicted residents. The certificates produced by the State services convinced the magistrate that the accommodation proposals addressed to the families correspond well to the criteria required by the Elan law which frames the mechanism for combating slums. Taking additional guarantees, the judge in chambers of the administrative court also ordered the prefect to ensure the storage of the movable property of the evicted families and to ensure the schooling of their children.
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