The Gambian government officially declared Kombo North, Kombo South, and Kombo Central as State lands through Legal Notice 2 of 1994, effective March 1, 1994, under section 5(1) of the State Lands Act. This designation, made under section 5(1) of the State Lands Act, officially designated Kombo North, Kombo South, and Kombo Central as State lands. This designation means that, according to Section 5(2) of the Act, all land within these areas, with the exception of fee simple titles, automatically vests in and is managed by the State for the benefit of the community. Upon designation under Section 5(2), all land in the area, excluding fee simple titles, vests in and is administered by the State for the community's benefit. Consequently, the Lands (Regions) Act no longer applies to these designated areas, as the Lands (Regions) Act ceases to apply to such designated areas. Section 7(2) of the State Lands Act stipulates that any person previously holding land in these areas is now considered to hold the land as a lessee directly from the State. This means that a person holding land in a designated area under customary tenure or a year-to-year tenancy is automatically deemed a lessee, and this lessee is considered to hold the land from the State.
Legal Mechanisms of State Land Acquisition
Section 5(1) of The Gambia's State Lands Act grants the Minister the authority to designate any region's land for the purposes of the Act. This empowerment allows the Minister to designate any region's land for the purpose of the Act. Further provisions outline the implications for existing landholders within these designated areas. Section 7(1) of the same Act stipulates that an individual holding land under customary tenure or a year-to-year tenancy in a designated area is automatically deemed a lessee of the State. This provision clarifies that individuals with such tenure automatically become lessees.
A critical aspect of this legal framework is outlined in Section 7(6), which specifies that if a landholder fails to apply for title deeds by a gazetted deadline, they become a tenant at will, making them subject to potential dispossession by the State. This section clearly states that failure to apply for title deeds by a gazetted deadline results in the holder becoming a tenant at will, subject to dispossession. The burden of proof for land ownership is also addressed; Section 27 of the Act asserts that in any legal action concerning land title, the declaration that land is State land is sufficient without further proof, unless the defendant can demonstrate otherwise. According to Section 27 of the Act, in any action where title to land is in issue, the averment that any land is State land shall be sufficient without proof, unless the defendant proves the contrary.
Historically, a 1945 ordinance designated occupiers of unleased Colony land as yearly tenants of the State. This ordinance deemed occupiers of unleased Colony land yearly tenants of the State. This legal precedent evolved significantly with a 1980 amendment, which terminated those tenancies. The 1980 amendment terminated those tenancies, consequently leaving those who missed their window as squatters facing ejection. Consequently, individuals who did not secure formal arrangements during the specified window were effectively left as squatters, vulnerable to ejection from the land they occupied.
Recent Challenges and Ambiguities
In January 2026, the High Court issued a ruling that recognized the Gambia Tourism Board (GTB) as the legal and beneficial proprietor of all designated Tourism Development Areas (TDAs). The court's findings, however, noted the absence of a specific designation instrument for these areas. This legal determination is detailed in the case of GTB v Jeng (HC/519/19/CL/177/C1, January 2026), which also examined issues of customary tenure within the TDAs. The High Court found the Gambia Tourism Board the legal and beneficial proprietor of all designated Tourism Development Areas but could not find a designation instrument.
The Minister of Tourism subsequently affirmed on July 14, 2026, that all TDA land is the property of the Government. The Minister supported this assertion by citing specific title deeds: SR No. 18 of 1974 and SR No. P-714 of 1974. Certified copies of these deeds were referenced as P.14/1970 and P.18/1970, respectively. This statement was made during a ministerial forum, as reported by The Voice on July 14, 2026. The Minister of Tourism stated on July 14, 2026, that TDA land belongs to the Government, citing title deeds SR No. 18 of 1974 and SR No. P-714 of 1974, with certified copies reading P.14/1970 and P.18/1970. This ministerial forum was reported in The Voice on July 14, 2026. The High Court's ruling and the Minister's subsequent declaration show ongoing discussions regarding land ownership and the legal framework governing designated areas in The Gambia.
Historical Context and Statutory Basis
Statutory quotations regarding The State Lands Act, Cap. 57:02, the Lands (Regions) Act, Cap. 57:03, and Legal Notice 2 of 1994 were verified against the printed pages of the 2009 revised edition, according to official records. The State Lands Act, Cap. 57:02, the Lands (Regions) Act, Cap. 57:03, and Legal Notice 2 of 1994 were checked against the printed pages of the 2009 revised edition for statutory quotations. Further analysis of the Gambian land sector includes the LGAF report by Amie Bensouda and Co, published in 2013, which was reviewed in line with its stated reformist purpose. The LGAF report by Amie Bensouda and Co, published in 2013, is cited and read against its reformist purpose. Historical accounts indicate public uncertainty surrounding land legislation. Freudenberger’s Working Paper No. 40, released in 2000, specifically documented the widespread confusion that followed the implementation of the 1991 Acts. Freudenberger’s Working Paper No. 40, released in 2000, records the confusion that met the 1991 Acts. This confusion notes challenges in the clarity and public understanding of evolving land laws in The Gambia.
