Moroccan Government Probes Lawyers’ Role in Illegal Collective Land Sales

The phenomenon of the illicit sale of soulaliyate lands is becoming recurrent in the kingdom. Faced with this scourge facilitated by lawyers’ contracts, the Ministry of Justice indicated in a note dated June 4 that it had been warned by several "government departments". Following the complaints of "frustrated citizens", investigations were carried out, and prove that "the phenomenon is beginning to take on great gravity, and to arouse growing concern," said Mohamed Benabdelkder.

This practice consists of the illegal transfer by members of the communities of soulaliyate lands "of which they had the enjoyment, to the benefit of persons foreign to the community". This does not respect law 62.17 relating to the administrative guardianship of soulaliyate communities, reports Medias24. "In examining the documents used, the ministry found that in many cases, the operations are recorded by lawyers approved by the Court of Cassation under Article 4 of the real rights code".

In the south of the country, this scourge is growing in legal circles and is even described as a "dreadful fire" by the Bâtonnier of Agadir-Laâyoune-Guelmim, noting that even arrests have been made. Since 2011, "all acts relating to the transfer of ownership or the creation of other real rights or their assignment, modification or cancellation must - under penalty of nullity - be drawn up by official deed or by deed with certain date drawn up by a lawyer approved by the Court of Appeal unless otherwise provided by law". For compliance with the law governing the property of soulaliyate communities, a special procedure has been put in place. And non-compliance can be punishable by imprisonment of 1 to 5 years or more.