Tuesday, January 22, 2008
Our dealings with Sulemane Cabir - Lot 189, Tofo/Tofinho, Inhambane, Mozambique
In answer to your first questions "(do you have a Mozambique company)" - we gave Sulemane Cabir our Estatutos (company documentation) and money for the submission, approval and publication in the BR (Bulletin de Republic ) on 09 April 2007. Sulemane Cabir informed us he had submitted this to the relavant office in Maputo and was dealing with Dr Malunga - Dr Malunga is the Head of Depatment in this regard. We have never received any of the documentation and no receipts in this regard. To date our BR has not been received.
In answer to your second question - "Did you receive a process number and the receipts for the process from Sulemane Cabir?" - No Sulemane Cabir never gave us a process number, for Lot 189 Tofo / Tofinho, from the Inhambane Municipality and no we never recieved any receipts from Suleman Cabir for moneys paid to the Inhambane Municipality on our behalf for Lot 189 Tofo / Tofinho. In January 2007 we paid Sulemane Cabir the stipulated amount for the submission of the plans / project to the Inhambane Municipality. In Januray 2007 we submitted out project for the 2000m2 on lot 189, Tofo / Tofinho, via e-mail (as requested by Sulemane Cabir) to Engineer João Moita in Maputo. Sulemane Cabir informed us that Engineer João Moita had checked our proposed plans for our project and amended the plans to Portugese and the Mozambiquan laws - Engineer João Moita has since informed us that this was not correct that Sulemane Cabir only asked him to receive the plans - he did not do anything on the plans. Sulemane Cabir informed us in February 2007 that he had personally submitted our project to the Inhambane Municipal. At the end of the year Sulemane Cabir informed us that the project was compiled by Engineer Marrengula for submission to the Inhambane Municipality (we have a copy which has been signed by Engineer Marrengula - given to us by Sulemane Cabir - not an original). Sulemane Cabir informed us that the project and moneys was then submitted and paid to Director Natu from the Inhambane Municipality through Engineer Marrengula.
In Your third question regarding the DUAT application for Lot 189 Tofo / Tofinho - "Did Sulemane Cabir give you any proof from the Inhambane Municipality in this regard?" - No Sulemane Cabir never gave us any proof. We eventually in October / November 2007, through dealing with Negotios Loja and the Tourism Director - Director Martino (what a wonderful, honest, helpful man who has a love for his country and is serious about Tourism) landed up putting in our DUAT application and this is where the wheels fell off the bus!!!
We only have ourselves to blame - we trusted Sulemane Cabir totally - we stayed in one of his houses and met with him on a daily basis to discuss the progress of our project. Sulemane Cabir always had a reason why the process was taking so long and how corrupt the various Mozambiquan Departments were. To date Sulemane Cabir has NEVER given us any of the abovementioned documentation and we have NEVER received any of the receipts for the moneys paid to Sulemane Cabir.
Your statement "but how can you be sure Sulemane Cabir has done what he said he has" - we are not sure Sulemane Cabir did any of the things he said he was going to do for us to secure our correct documentation for Lot 189 Tofo / Tofinho!
Monica
Tuesday, January 15, 2008
Procedure for your pruchase of Parcel 189 Tofinho
There is a procedure for purchasing property in Mozambique from a Private Individual.
As previously mentioned vacant land cannot be purchased from a Private Individual - in this case Sulemane Cabir. You obtain the right to the use of the infrastructure on the parcel of land, this can range from coconut trees to boundary walls to a building/buildings. If Sulemane Cabir sold you vacant land he is in contravention of the Mozambique law.
The first step in purchasing property in Mozambique would be to go to the local Municipality to establish who the legal owner is and whether he has the rights to sell the property, in the case of Tofo / Tofinho / Barra it would be the Inhambane Municipality. Always ensure that you personally go to the Municipality or any other Institution.
Once you have confirmed ownership and should you be developing on your proposed property purchase the next step would be to approach the local Municipality - in this case the Inhambane Municipality - to apply for a process to be started in your name / company name (do you have a Mozambique company). The Municipality will issue you with a process number and receipts on payment of the required fees. Part of this process is applying for a DUAT (the right to develop). The Inhambane Municipality would then send out a Topographer to mark / check the boundary pegs, you would have to pay for this service and would have received a receipt. You mentioned Sulemane Cabir was dealing with this. Did you receive a process number and the receipts for the process from Sulemane Cabir?
The Municipality will issue a DUAT in your name. This procedure could take a number of weeks as there are internal processes and if there isn't any infrastructure the DUAT proposal has to be displayed on a board for 45 days.
Only once the DUAT has been issued would you submit a project for approval.
It appears that in your case Barry and Monica Sulemane Cabir was dealing with this, but how can you be sure Sulemane Cabir has done what he said he has. Did Sulemane Cabir give you any proof from the Inhambane Municipality in this regard?
Friday, January 11, 2008
Parcel 189 Tofo / Tofinho, Inhambane, Mozambique
The last year has been a stressful to say the least and a year and a half down the line and we are still not sure of our position / status regarding our purchase of lot 189 Tofinho, Inhambane, Mozambique.
From what we have found out in the last few months is that the property (lot 189 Tofo, Inhambane, Mozambique) was reclaimed by the Inhambane Municipality due to non development by Sulemane Cabir. Sulemane Cabir then took the Inhambane Municipality to court to dispute the reclaiming of lot 189 Tofo, Inhambane, Mozambique and won the case in April of 2006 for which he has the Court Sentensa - a detail he did not disclose upfront. This has caused endless problems as the Inhambane Municipality will not issue a DUAT (the right to develop land in Mozambique).
In our dealings with Sulemane Cabir we have found that he is not upfront with all the information and we would warn anybody entering into a proposed deal with Sulemane Cabir for the purchase of property in Barra Beach or Tofo to be very careful . Our advise would be to approach the Inhambane Municipality first before entering in any dealings with Sulemane Cabir. Although Sulemane Cabir's documentation appears to be in order it is the Inhambane Municipality who issue the DUAT and without the DUAT you will not be able to proceed with your development.
As Sulemane Cabir offered to assist / do all our paperwork (which in Mozambique is a nightmare) which included dealing with the Inhambane Municipality on our behalf - as he "had good relationships with the Mayor" - we did not approach the Inhambane Muncipality until the paperwork was not forthcoming. When we did approach the Inhambane Municipality a can of worms was opened.
We have a lot of information regarding our dealings with Sulemane Cabir and should any other party like to correspond with us in this regard please feel free to e-mail us through this site.
Monica
Tuesday, January 8, 2008
Property Disputes in Barra Beach and Tofinho
In Mozambique you can not buy land - any purchase is of the infrastructure on the land.
The only time you can purchase vacant property is directly from the Municipality of the said area.