Home Commentary/Opinion Before The State – Part Four: Who Should Control Communal Land? 

Before The State – Part Four: Who Should Control Communal Land? 

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By Dave Manneh, Securing Futures: Land Rights Action Collaborative (SFLRAC) 

21 September 2026 

Before the State, Part Three followed the office that signs for communal land back to its founder. The seat answers over the community’s head. This essay turns that seat. 

Start with why. An office the Crown built to answer upward will not learn to answer downward. You can school the seyfo and swear him to serve, and he will still answer the man above him, because that is the direction the Crown cut the seat to face. The fault is built into the seat, not the man who fills it. So we do not reform it; we turn it, link by link, until it faces the community, and follow the turn down. 

Cut the Top Link 

Start at the top of the relay, furthest from the community. Part Three named that office: the Governor, the colonial regional Commissioner renamed, who runs a Region from its centre and carries the district’s land upward to the state. That is the top link, and it is the first to go. 

The Governor administers a Region, and a Region needs administering, so the office may remain. Its land administration function ends. What cannot stand is its place in the chain, the rung where the seyfo answers upward to the Governor and the two of them carry the land to the state. We keep the man who runs the Region. We end the function that runs the land through him. 

The principle behind the cut is not new. I argued it in What Did the Workshop Actually Validate?, my response to the validation workshop: the land administration relay functions must end. That piece named the principle and stopped. It did not say which function ends first, or in which office. This does. The Governor’s ends first, because his is the top of the relay, the direct heir of the office the Crown built in 1894 to answer Bathurst and never the district below. 

Cut that function and the seat takes its first turn. Nothing now carries the district’s land up to an officer appointed from the centre. The seyfo, who chaired the District Authority to answer the Governor, now chairs it with nothing above him to answer to for the land. The rung that held the land’s direction is gone, and the direction falls open, waiting for the community to take it. 

 Reseat the Officers to Answer Downward 

The Governor’s function gone, the chain drops to the two officers the community meets, the seyfo and the alkalo. They do not fall with the link above them. They stay, and what changes is only the way they face. 

I argued the keeping in that same essay, What Did the Workshop Actually Validate?, so I carry it as settled here. The work itself predates the relay and outlasts it: boundary knowledge held in living memory, arbitration by lineage understanding, custody the community trusts. The seyfo and the alkalo carry that work now, and it stays with them. What ends is the relay function, marking land upward for a community that never sent them to sign. 

That essay stopped there. The question it left is this: if the office keeps the men, what stops them facing up again from habit, once we cut the rung above them? An officer turned by instruction turns back. Something the officer cannot reset alone must hold the direction. 

Two things hold it. The first is selection. The colony appointed the seyfo. The vote came later and from elsewhere, a postcolonial overlay on a colonial seat, and it left the state naming who may stand and holding the power to end a tenure that otherwise runs for life.  The flag changed; the seat kept facing up. So the ballot beneath it never turned it, and the community’s choice runs only among men the state permits. 

Lodge the choice and the removal wholly in the community he serves, and his tenure lives below him. He faces the people because the people seat him, and the people can unseat him. How the community seats and unseats him is the community’s to decide, and that is real work, not a phrase to wave past. 

The second is where the land power sits. Today the seyfo chairs the District Authority and carries land decisions up through it. Take the authority to allocate out of his hand and lodge it in a community body he sits within rather than presides over, and he can no longer sign the land away on his own account. He advises the body. The body answers to the kabilo

Both mechanisms are one principle. The name for it is already in print: Halifa Sallah has argued for decades that the Gambian is a sovereign citizen. Sovereign citizenship. That argument runs on the state’s own terms. Even by the state’s logic, the citizen holds a direct relation to it, and any intermediary in that space holds his place by that relation alone. 

An intermediary who answers upward, to the state that placed him, answers against the very ground that lets him stand there. The seat does not yet answer the community. What the state’s own terms establish is this: on that ground the seat may answer nowhere but the community. The deeper ground lies past it. In the seat, the principle is the catch that stops the officer turning back. With the officers reseated and held, the seat has come round. 

The Turned Seat Is the Community Land Board 

There is already a name for where the seat now faces, set down in the Community Land Rights Act I have called for: the Community Land Board. Not a new body raised beside the old one. The old seat itself, turned until it answers the community, and renamed for the direction it now faces. 

This is the whole architecture. The relay is a direction, and a direction turns without demolishing anything. Turn it and the same office, the same authority to speak for the land, now answers downward instead of upward. The Board is the seat of 1894 with its face reversed, nothing built and nothing new, only an old office turned to look the other way. 

The Architecture of Predation series set out what the Board must be: binding authority over allocation, seated in the community, its consent a precondition for any dealing in the land. What the series named and never showed is how consent runs into the seat, so the direction holds by structure and not by the goodwill of whoever sits in it. 

Consent runs upward, from the kabilo. The lineage that holds the land speaks first, in the meeting where boundary knowledge lives, and its word is the ground of any decision the Board takes. The seyfo sits within the Board, not above it, carrying knowledge and arbitration, holding no single hand on the land. The alkalo carries the community’s word up, not the state’s word down. Above the Board sits no officer of the centre at all. The rung the Governor held is gone, and nothing replaced it. 

So the seat answers the way it always should have. A dealing begins in the kabilo and rises through the Board only if the kabilo consents. It does not begin in an office and descend for a thumbprint. The Board records the kabilo‘s consent rather than manufacturing it. Free, prior and informed consent stops being the state’s courtesy and becomes the community’s power, because the structure gives the community the seat that consent flows from. 

That is the seat fully turned. It faces the community because the community seats it, holds the land power the community lodged in it, and moves only on the consent that rises from the kabilo beneath it. The office the Crown built to answer Bathurst answers the community now, every kabilo the relay once signed over. 

One shadow falls across that. A seat the community seats can be seized from within, by the same blood the relay recruited. I named that in What Did the Workshop Actually Validate? as kinship capture, and turning the seat does not end it. Who guards the turned seat against re-capture? 

The turned seat cannot hold on the old statute. The law that built the upward direction still stands beneath it, and while it does, the turn will not last. Clearing that law is the last turn. 

Why Repeal Must Refuse to Re-vest 

The old statute is the wrong law to set a turned seat on. The State Lands Act built the upward direction and vests the land in the state. Leave it standing and it re-vests every morning, whatever the seat above it now faces. The Act has to go, and go entirely. 

I demanded the repeal in the Architecture series: the Community Land Rights Act must repeal the State Lands Act in its entirety. That demand is in print. It never faced what lies beneath it. A repeal can still leave the state holding the land. 

The real question is re-vesting. A law reaches the root only if what stands after it declines to vest the land in the state again. Amendment or repeal is only the means. 

See it in amendment first. Amendment keeps the Act and edits it. It softens the Minister’s discretion, tightens a consultation clause, writes consent into a section. The vesting stays.  

The state still holds the land the Act vests in it, and every guard added around that core is a guard the same core can outlast, because the core is what confers the power the guards are meant to check. 

Now see it in a repeal done wrong. The National Land Policy reaches for repeal-and-replace and re-vests the state anyway, holding communal land in trust as the Act always did. It changes the custodian’s manners and keeps the custodian. The form changes and the root holds. 

So the cut that reaches the root is a repeal that declines to re-vest, and full repeal of the State Lands Act is the cleanest way to reach it. Repeal the whole Act, and put nothing back that vests the land in the state, and the vesting is gone, not edited. The land is not re-held on gentler terms. It is not held by the state at all. 

It rests where Before the State Part One showed it always rested, with the communities the state never bought it from, and the Community Land Rights Act stands in the cleared ground to recognise that resting rather than to re-vest around it. 

The answer is not a kinder trust. It is no trust at all, because the state cannot hold in trust land the communities never surrendered. A repeal that replaces the state’s claim with the same claim in gentler words has changed nothing at the root, only at the register. Only a repeal that refuses to re-vest turns the seat’s direction into law, because only it removes the vesting that pointed the seat upward in the first place. 

What the Community Holds 

At the end of the turning, little of the old chain remains. No officer of the centre above the land. No statute vesting it in the state. No seat facing away from the people who hold it. The relay that ran from the Crown to the Governor to the seyfo to the alkalo, carrying the land upward and the state’s word down, is not reformed. It is gone, and the ground it stood on is clear. 

What stands in its place is not new. It is the oldest thing in the account. The kabilo holds its land, as it held it before the Protectorate drew a line and before the Crown built a seat to answer over its head. The Community Land Board is only the law catching up to that, the seat turned until it faces what was always there. The community does not receive an authority. It recovers the direction the Crown reversed. 

The mark tells the whole turn in miniature. Before the State Part Three found the thumbprint travelling upward, taken from an elder who could not read the paper, carried to the state as consent the community never gave. Turn the seat and the mark starts where it belongs. The kabilo speaks first. The Board records what the kabilo decides. The same thumbprint that once authorised over the community’s head now authorises from the community, because the hand that presses it sits at the source of the decision and not at the end of a relay. 

That is what the turning secures: land held by those who held it before the state, under a seat that answers them. It is the whole of what this series promised: Part One when it asked by what right the state owns, Part Two when it showed the owner made a tenant, and Part Three when it traced the seat that signed the tenancy

One question the turning leaves, and it is the next essay’s to answer: who sits in the turned seat, and how the kabilo holds it, safe from the blood that would seize it back. 

 The seat is turned. The owner is the owner again. 

Saama Kanto: the sacred responsibility that predates every statute, every gazette, and every ordinance that ever claimed authority over land our ancestors held before any of them existed. I offer this analysis in that spirit. 

A Note on Sources: This essay builds on the genealogy of the seat set out in Before the State, Part Three, and on the reorientation of the intermediary function first argued in What Did the Workshop Actually Validate? The elected seyfo, the state’s control over who may stand, and the tenure the centre can end draw on James Kingsland, ‘A Gambian Chieftaincy Election’. The term sovereign citizenship follows Halifa Sallah’s long argument for the citizen as sovereign. The Community Land Board and the repeal of the State Lands Act 1991 are the demands of The Architecture of Predation series, quoted here and not re-drafted. The null premise, that the state never owned the land of the former Protectorate, is argued in Before the State Parts One and Two and in the companion, The Question the Land Review Assumed Away. The re-vesting discussed here is read from the Cabinet-approved National Land Policy 2026 to 2035 and the vesting it inherits from the State Lands Act 1991. All SFLRAC pieces are in the Securing Futures research archive. 

About this Series: Before the State is a series of essays by Dave Manneh, Founder and Research Lead of Securing Futures: Land Rights Action Collaborative (SFLRAC). Where the preceding trilogy, The Architecture of Predation in The Gambia (SFLRAC, 2026), documented how predatory land governance operates and how communities resist it, this series interrogates the premise on which that architecture rests: the state’s claim to own the land. The full research archive is available at https://securing-futures.org/research/publications  

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