Four residents of Thiénaba, M. Thiam, A. Thiam, I. Fall and N. Seck, appeared before the Thiès court of flagrant offenses for opposing the carrying out of works authorized by the State, illegal assembly and destruction of boundary markers.

The defendants were arrested by members of the Directorate of Land Use Monitoring and Control (DSCOS) before being placed under a detention order, following a complaint filed by the mayor of Thiénaba, Talla Diagne.

In court, the mayor explained that the housing development project, authorized by the State for several years, is the subject of persistent opposition from the defendants.

"I filed a complaint because I have a state-approved housing development where boundary markers had been installed, but some people removed them," said the mayor, specifying that the site in question is located on fields of national domain.

According to him, those involved are mainly contesting the choice of the developer in charge of the project. "They say that the housing development is a good thing, but that it should not have been entrusted to the developer I chose," he maintained, adding that a member of the land commission had seen them on site at the time of the events.

For their part, the defendants rejected all accusations. They maintain they did not destroy any boundary markers and denounce a lack of transparency in the management of the land development project. "We opposed the subdivision because there is no transparency. The problem stems from the fact that a private developer was chosen," they declared in court.

They also explained that they have no administrative documents on the land being exploited, accusing the town hall of refusing to issue them any deeds.

The public prosecutor reminded the defendants that they could not oppose a housing development approved by the state through a decree, especially since they lacked any administrative title. He emphasized that the land in question belonged to the national domain and that its management legally fell under the jurisdiction of the municipality.

The prosecution argued that the defendants' intent was clear. It emphasized that they had been opposing the housing development for months and obstructing the process. The prosecutor maintained that the defendants were guilty on all counts and requested a one-month suspended sentence and a fine of 200,000 CFA francs for each of them.

The defense, represented by lawyers Diouf, Sène, Sy, Fall, and Ayi, argued that one cannot be faulted for going into one's own field. They emphasized that none of the defendants were seen destroying the boundary markers and that no eyewitnesses came forward to confirm their presence in the field.

For the lawyers, there are many unanswered questions in this case. The defense reiterated that criminal law is based on the principle of certainty, and that defendants cannot be convicted on the basis of mere statements. They therefore argued for the outright acquittal of the accused, or, in the alternative, for acquittal based on reasonable doubt.

The judge reclassified the facts as illegal occupation of land, then declared all the defendants guilty on this charge and sentenced them to three months suspended.