To protect, care, control, and monitor state property is one of the principal articles of Somaliland’s financial laws. Within these laws accountability was given for its protection, control, management and preservation of its useful life and conditions. Therefore it is very important that all state property (state’s own property and state property for public use) be protected from any wrongful taking, privatization, illegal selling, theft, convey, dispose, misuse or misappropriation. The sole authority responsible for the management of all state Property is the Government of Somaliland, applying the processes and systems required to protect and manage it as its most advantageous way.
The previous government abused the power and authority misused as much Real Property as it could, committing wrongful taking for their own possessions, illegal privatization allowing businessmen and concerning persons to grasp or snatch certain operating Real property centers, committing an intentionally deceptive selling with an unlawful gain for themselves, and making miscellaneous thefts to much intangible state funds. The responsibility of this current government is to take a courageous action of receiving, concealing or retaining all the stolen Real properties and convicting those who made these crimes. the returning of the National Energy Storage Facilities in Berbera back in to the government management is a good beginning, but it is not a drop in a sea, in accordance of solving so many inter related national property thefts made by the previous government.
State property consists of state property for public use and the state’s own property. Public property is property that is dedicated to public use and is a subset of state property. The term may be used to describe the use to which the property is put (used or benefited collectively by the population of the state). Both public property and the state’s own property are either immovable or movable. The State property of Somaliland both for public use and state institutions’ owned property are both extensive. In order to perform the wide range of duties to protect the state property as by the law, first it must be registered and be under the preservation, control and custody of the government through its institutions and organs.
state property include the land that is not in citizens’ ownership, the mountains with their mineral wealth, subsoil with its mineral and energy wealth, the rivers and related resources, water resources and water reserves; sea water with its natural maritime resources, minerals and energy reserves in Somaliland or processed, forest and its wealth, historical monuments and archaeological sites, parks and playing grounds, public highways, bridges and roads, state airports and seaports. property owned by State owned enterprises, all State’s own buildings regardless of its kind and value, all seaports and airports facilities, state owned water supply centres with its machinery – transmissions and distribution lines, state owned electric supply centres with its machinery – transmissions and distribution lines, all state owned land – Sea and air transport, National reserve energy storage tanks and its related facilities.
state property also include all machinery from generator to factory, special test properties, special tooling properties, all equipments, furniture and materials in general owned by state institutions for their services, all state intangible Property and interests which include any item of worth that is not physical in nature – like State’s share of partly State owned enterprises, state central budget, all projects/programs based special funds provided by donors, other State special funds, state reserves for special use, the national constitution and related regulations.
State property can go under Rent, but this should ensure that the process is fair and transparent. it is a fact of life when dealing with state property rent, it is extremely important that a clear process is followed in this regard and that the full rent will be obliged to provide by the tenant. To rent state property, there should be a lease between the authorized entity and the tenant. The lease will include the length of the agreement, the monthly or yearly rental payment, the procedures for collecting rent, as well as the obligations of the tenant while leasing the property. The payment of lease on the state property shall be deposited in the state central bank and shall be collected to the State Budget.
Selling of State property or Privatization of state property shall be under a condition of well defined state benefiting reason, and then be conducted through:
Legal auction trade
In both methods, buyers shall enter competitive bids and sellers (state) enter competitive offers at the same time as by law. The participant with the highest bid shall be possessor of the selling property. The possessor shall conclude contract with State Property. This contract shall be registered by the office of the Auditor General. The right to possess the property sold in auction or in tender shall be realized after accomplishment of the payments for items indicated in the contract. The cost shall be deposited in the state central bank and shall be collected to the State Budget, through the proper channel indicated in the financial laws.
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