Law on abandoned properties delivering impact, say officials

District units in charge of management of abandoned property have said the new law governing their management was long overdue, citing the instant impact the law has had.

Thursday, December 03, 2015
District officials in charge of abandoned property at the workshop in Kigali yesterday. (T. Kisambira)

District units in charge of management of abandoned property have said the new law governing their management was long overdue, citing the instant impact the law has had.

Bonaventure Twagirayezu, the chairperson of abandoned property management unit in Kicukiro District, told The New Times that the new law has allowed the unit to renovate and develop abandoned properties to make them match the current development agenda.

"The new law closes the gaps we have previously had in the management of abandoned property. I am sure the committees in different districts are relieved by its enactment, because it allows the units to develop these properties,” said Twagirayezu.

Speaking at a two-day meeting for the heads of district commissions in charge of abandoned property in Kigali, yesterday, Twagirayezu said most of the issues that are being addressed by the present legislation also include the capacity to generate revenues from the abandoned properties.

"The new law now allows us to develop or renovate—when deemed necessary—the abandoned property and generate revenues from it. Fifty per cent of the revenue is used to manage the property and the rest is saved on a specified bank account for the owner of the property when they finally show up,” said Twagirayezu.

The law regulating the management of abandoned property was gazetted on October 16, replacing a 2004 organic law.

Article 11 of the law states that without prejudice to other legal provisions, abandoned properties will be managed by the State until the owners show up.

"If the owners died with no heir, the abandoned property will devolve upon the State and be managed by the unit,” the law reads in part.

Houses, plots of land, among other immovable or movable assets abandoned by owners or unrightfully possessed by others after the rightful owners died without leaving a legally recognised heir, fall within the scope of abandoned property, according to the law.

Other properties under the category are those belonging to people who do not reside in Rwanda for various reasons without having left behind a person legally authorised to manage their property.

Odette Yankulije, the head of access to justice department at the Ministry of Justice, said the new law entrusts the management of the abandoned property in different districts across the country to the district committees, until the legally recognised owner appears.

Registration ongoing

Districts have so far registered 653 abandoned properties across the country.

At least Rwf1.4 billion has been collected in revenue from various abandoned properties countrywide.

According to Yankulije, 19 properties across the country have so far been given back to the owners since the operationalisation of the new law, basing on the provisions of the law.

Nine abandoned properties have been auctioned, based on court rulings, including ones that belong to 1994 Genocide fugitives Felicien Kabuga, who is still at large, plus the house that formerly housed Ndoli Supermarket at Gisementi in Remera, among others.

"Three wornout abandoned buildings in Kicukiro District have been sold—by the management unit—to private developers at a cost of about Rf79.7 million,” Yankulije said.

During the two-day meeting, the district heads of abandoned property management units are expected to give suggestions on the ongoing drafting of a Ministerial Order implementing the law on abandoned property, such that the implementation of the law is seamless, according to Yankulije. editorial@newtimes.co.rw