مشاهدة : 2466

كيف أطاحت 300 درهم « مراكشية » بالخازن العام للمملكة نور الدين بنسودة


 

  • استغلال النفوذ والسلطة يفوت على خزينة الدولة أزيد من 400 مليون درهم

 

  • تأسيس شركة من أجل السطو على عقار ب"تاركة" مقابل مبلغ زهيد

 

  • حقوقيون يجرون خازن الدولة إلى القضاء

 

 

 

إعداد إلهام زخراف

 

 

 يعد العقار ثروة هامة و محركا ضروريا ودعامة لتحقيق الإقلاع الاقتصادي الوطني وإقامة مختلف البنيات التحتية والتجهيزات العمومية. كما تبنى عليه سياسة الدولة في مجال التعمير والتخطيط العمراني، وهو الآلية الأساسية لضمان حق المواطنين في السكن كما يعتبر الوعاء الرئيسي لتحفيز الاستثمار المنتج المدر للدخل والموفر لفرص الشغال ولانطلاق المشاريع الاستثمارية في مختلف المجالات الصناعية والفلاحية والسياحية والخدماتيــــة وغيرها؛
    ونطرا للأهمية الاقتصادية و القيمة المالية و الاجتماعية التي يتميز به، فقد أولت له كل التشريعات في العالم و المواثيق الدولية و الإقليمية الأهمية البالغة حرصا منها على حمايته و حصانته من كل وقائع التعدي و ضروب الغصب و الاستيلاء. و هو ما أكده إعلان حقوق الإنسان و المواطن لسنة 1789 ، الذي كرس مبدأ ضمان الملكية الخاصة وحرية التملك باعتبارهما حقا أساسيا ، حيث نصت المادة 17 منه على انه – لما كانت الملكية حفا مقدسا ولا يمكن المساس بها .فانه لا احد يمكن ان يحرم منها إلا إذا تطلبت الضرورة العامة ذلك، والتي تنبث بشكل قانوني، حيث يشترط في ذلك تعويض عادل يدفع مقدما .
    وفي التشريع المغربي فإن ما يوازي المادة 17 من الإعلان المشار إليه أعلاه، نجد الفصل 35 من دستور المملكة المغربية لفاتح يوليوز 2011، حيث ينص في فقرته الأولى: ”يضمن القانون حق الملكية، ويمكن الحد من نطاقها وممارستها بموجب القانون، إذا اقتضت ذلك متطلبات التنمية الاقتصادية والاجتماعية للبلاد، ولا يمكن نزع الملكية إلا في الحالات ووفق الإجراءات التي ينص عليها القانون”.
وفي نفس السياق، تدخل المشرع المغربي في مجال تنظيم الملكية العقارية بعدة نصوص قانونية ترمي إلى ضبطها وحمايتها، وذلك في كل من القانون المدني، القانون الإداري، ومدونة الحقوق العينية، وكذا في قانون التحفيظ العقاري، لأن الملكية لا جدوى من تقريرها إن لم تكن هناك وسائل وأدوات ناجعة تحميها، فالملكية المجردة من الحق لها وجود مادي دون الوجود القانوني.

 ولما كانت الحماية المدنية للملكية الخاصة قد لا تكفي هي الأخرى لدرئ الاعتداء، اقر المشرع الجنائي حماية أخرى من نوع آخر، ألا وهي الحماية الجنائية كحماية استثنائية في مواجهة التعديات على عقارات الغير، وذلك بتقرير النصوص العقابية و الجزائية الخاصة بجرائم الاعتداء على الأملاك العقارية .
إلا انه ومع ذلك فان إشكالية تحقيق امن عقاري بالشكل المطلوب مازال بعيد المنال،  ولعل الرسالة الملكية الشريفة التي وجهها صاحب الجلالة نصره الله إلى وزير العدل محمد أوجار حول التصدي لظاهرة الاستيلاء على العقارات لخير دليل عما تعرفه المنظومة العقارية من مشاكل تعيق حكامه تدبير قطاع العقار ببلادنا وبالتالي صعوبة تامين عقارات الاغيار من ويلات وطمع لوبي العقارات، وهو الشيء الذي نجم عنه كثرة و تزايد الدعاوي و المنازعات المتعلقة به أمام القضاء، مما أسفر عن عرقلة مشاريع تنموية و استثمارية هي غاية وطموح مشروعنا الاقتصادي و الاجتماعي .
ومراكش مدينتنا المجروحة الكبرياء، اهتزت العديد من المرات على وقع فضائح السطو على عقارات الدولة، حيث تعج محكمتها بهذا النوع من الملفات، الذي نسرد في ملف عددنا هذا، واحدا منها، ويتعلق الأمر بعقار يتواجد على مستوى منطقة تاركة الذي فتحت فيه الشرطة القضائية لمراكش يوم الأربعاء الماضي تحقيقا حول ظروف وملابسات السطو على هذا العقار بثمن زهيد من طرف شخصيات نافذة.

 

 

فضيحة من العيار الثقيل: تورط خازن المملكة في عملية سطو على عقار بمراكش

 

تفجرت قضية عقار "تاركة" بمراكش، بعد الشكاية التي تقدمت بها الجمعية المغربية لحماية المال العام إلى الوكيل العام لدى محكمة الإستئناف بمراكش، والتي بمقتضاها طالبت الجمعية بفتح بحث معمق بخصوص وجود  شبهة تبديد أموال عمومية  واستغلال   النفوذ  و الغدر وتضارب المصالح.

 

ويتعلق الأمر هنا بعقار ويتواجد على مستوى منطقة "تاركة" بمقاطعة المنارة مراكش، أكثر المناطق بمراكش التي يعرفها فيها العقار إرتفاعا مهما على مستوى الأسعار، والتي لا يقطنها سوى أثرياء المدينة، حيث يمتد هذا العقار ذي الرسم العقاري 7331 / م  على مساحة 20280 مترا مربعا.

 

وفوت هذا العقار سنة 2007، من أجل إنجاز مشروع عقاري كبير  فوق مساحته، والذي هو عبارة عن مركب سياحي  بالمنطقة، وذلك لفائدة شركة ذات المسؤولية المحدودة تسمى  "سليم سكن" مقابل مبلغ 300.00 درهم للمتر المربع  أي 6 ملايين و 84 ألاف درهم، حيث تمت عملية تفويت هذا العقار بين الشركة  المذكورة  في شخص ممثلها القانوني  المسمى  الحسين زفاض وبين المدير الجهوي للأملاك المخزنية بمراكش نور الدين زين الدين.

 

وتتوفر جريدة مراكش الإخبارية على نسخة من العقد الذي تم بموجبه تفويت هذا العقار، وهو العقد المسجل تحت رقم 2081/ حضري بكناش المتحويات، والمسجل تحت رقم 3/07 بكناش البيوعات لدى مديرية الأملاك المخزنية الجهوية بمراكش.

 

وتم هذا العقد بين الدولة في شخص ممثلها المدير الجهوي وللأملاك المخزنية بمراكش، وشركة سليم سكن الممثلة من طرف الحسين زفاض، حيث تم هذا التفويت وفق لما ينص عليه الفصل 82 من الدستور الملكي رقم 66-330 الصادر بتاريخ 10 محرم 1387 (21 ابريل 1967)، والقاضي بسن النظام العام للمحاسبة العمومية كما وقع تغييره وتتميمه بالمرسوم رقم 185-02-2 الصادر بتاريخ 20 ذي الحجة 1422 (05 مارس 2002)، وبناء على قرار والي جهة مراكش تانسيفت الحوز الصادر بتاريخ 12 فبراير 2007، والذي يرخص بالتفويت بالتراضي لعقار مخزني بمراكش، وكذا بناء على دفتر الكلف والشروط العامة الواجب فرضها على مشتري القطع الأرضية المخزنية الحضرية، المصادق عليه بظهير 12 يوليوز 1948 كما وقع تغييره وتتميمه بظهيري 20 غشت 1949 و 6 يناير 1954، هذا إلى جانب ما ينص عليه دفتر التحملات، حيث تم هذا العقد بتاريخ 22 فبراير 2007.

 

 

ترى من يكون ممثل شركة سليم الذي استفاد من عقار "تاركة" الذي صار حديث كل المراكشيين؟؟

 

 

سؤال جعل جريدة مراكش الإخبارية تدخل غمار هذا الملف الحافل بالعديد من الأسرار التي منها ما اكتشف، ومنها ما لا يزال ينتظر الوقت المناسب ليفتضح.

وفي هذا السياق، قاد البحث الذي قامت به الجريدة في هذا الباب، إلى معرفة من هو صاحب شركة "سليم سكن" المستفيدة من العقار المذكور والمتواجد بمنطقة "تاركة"، حيث يتعلق الأمر بالحسين زفاض، الاسم غير المعروف لدى العموم، لكنه الأكثر شهرة في مجال البناء والأشغال العمومية.

ووصل إلى علم الجريدة أن الحسين زفاض يمتلك عدة شركات مختصة في مجال البناء، اذ منها ما يقوم بصناعة الرخام (م.س)، ومنها ما هو مختص بصنع مواد البناء والارواش السكنية الكبرى والتنمية العقارية.

وإضافة إلى تلك الشركات، فقد عمد الحسين زفاض، وقبل أشهر من تفويت عقار "تاركة"، إلى تأسيس شركة "سليم سكن"، وذلك في شهر ماي من سنة 2006 بمدينة الدار البيضاء، حيث يمثلها بشكل قانوني الحسين زفاض كمدير لها، وذلك قبل أن يتبين أن هناك أشخاص آخرين يساهمون في هاته الشركة، حيث يمتلكون فيها حصة الأسد، والأمر هنا يتعلق بنور الدين بنسودة.

 

بنسودة أحد أبرز شخصيات المملكة يمتلك نصف الشركة التي استولت على عقار "تاركة"

 

 

الأكيد أن الكل يعلم من يكون نور الدين بنسودة الذي شارك جلالة الملك محمد السادس جزء من دراسته بمدينة الرباط، وهنا لا بأس في ملف عددنا هذا، أن نذكر بهاته الشخصية النافذة التي استفادت من عقار بتاركة مقابل سعر زهيد.

 

نور الدين بنسودة، هو من مواليد  مدينة الرباط، ازداد سنة 1963، حيث درس بها، إلى أن تم تعيينه موظفا مدنيا رفيع المستوى، حيث كان يشغل منصب مدير مجلس النواب الديمقراطي بين عامي 1999 و2010، الى جانب تكليفه بمهام متعددة.

 

وكان بنسودة طالبا في المدرسة المولوية، في نفس الصف الذي كان يدرس فيه الملك  محمد السادس، حيث حصل سنة 1983، على إجازة في القانون، ليتم تعيينه سنة 1986مسؤولا عن الدراسات في مجلس الوزراء في وزارة المالية، وفي عام 1991، عين رئيسا لأركان وزارة المالية، ليتولى بعدها مهمة مساعد مدير الضرائب، سنة 1993، ثم رئيسا للضرائب إلى غاية سنة 2010، وذلك إلى أن عينه جلالة الملك محمد السادس أمينا على الخزينة العامة للمملكة.

 

وإضافة إلى ذلك، فقد حصل بنسودة في سنة 2001 على الدكتوراه في القانون العام من  جامعة "سوربون"، إلى جانب حصوله على شهادة الدكتوراه في القانون العام في جامعة محمد الخامس.

 

والمسار  المهم لابنسودة جعله أن ينتخب كذلك رئيسا للجنة خبراء الأمم المتحدة في مجال التعاون الضريبي، بل وأن يصير عضوا في اللجنة العلمية الدائمة لتلك للجمعية، حيث قام في هذا الصدد بترأس العديد من اللقاءات التي تهم المجال الضريبي على الصعيد الدولي.

 

وتجدر الإشارة، إلى أن اسم بنسودة ارتبط في سنة 2012 بفضيحة تتعلق بمكافآت الأجور إلى جانب صلاح الدين مزوار، وزير المالية أنداكـ، وتلك الفضيحة كانت تتعلق بوثائق مسربة تبين أن بنسودة ومزوار اصدرا أوامر لمكافأة أنفسهم مع مكافآت شهرية وربع سنوية بمبالغ كبيرة، إذ بلغ مجموع تلك العلاوات التي حصلا عليها بحوالي 77.797 درهم للشهر (12.000 دولار أمريكي، حيث أعلن مزوار أن العلاوات كانت قانونية تستند إلى قانون عام 1941 من قبل رئاسة الاستعمار الفرنسي الذي كان لا يزال قائما. ويسمح المرسوم الفرنسي بإصدار هذه العلاوات للموظفين الرفيعي المستوى في الإدارة الاستعمارية.

 

وحكم على الموظفان اللذان كشفا هذه المعلومات وهما عبد لمجيد الويز ومحمد رضا، بتهمة تسريب وثائق سرية، في 21 مارس 2013، حيث حكم على عبد المجيد لويز بالحبس لمدة شهرين مع وقف التنفيذ وغرامة مالية قدرها 2،000 درهم، في حين تمت تبرئة محمد رضا.

 

شركة تحت اسم ابن خازن المملكة

 

رغم أن الحسين زفاض هو الممثل القانوني لشركة "سليم سكن"، إلا أن الوثائق التي توصلت جريدة مراكش الإخبارية، توضح أن الأمر لا يتعلق إلا بإجراء شكلي، وإنما بخطة أخفت من ورائها العديد من الأسرار، وخاصة بعد أن اتضح أن تلك الشركة يقتسمها زفاض وبنسودة مناصفة، وذلك بصفة الأخير وصيا على أبنائه الثلاثة الذين يملكون النصف الثاني من هاته الشركة.

وسبق أن وضع نور الدين بنسودة نصف هاته الشركة في إسم ابنيه القاصرين، حيث يتعلق الامر بابنته البكر كنزة المزدادة سنة 1998، ثم ابنه سليم الذي سميت عليه الشركة، والذي ازداد سنة 2001، وذلك قبل أن تتم إضافة الإبن الذي ازداد سنة 2007، ويتعلق الأمر بحمزة آخر عنقود العائلة حينها.

ويمتلك كل من هؤلاء الثلاثة من شركة "سليم سكن" التي تعادل أسهمها 1500 سهم، 250 سهما لكل واحد منهم، فيما تبقى للحسين زفاض 750 سهما (أنظر الوثيقة بجانبه).

وأمام التقارب الزمني بين فترة إحداث هاته الشركة وشراء عقار "تاركة"، يتضح جليا حسب مصادر الجريدة، أن هاته الشركة تم تأسيسها بالأساس، من أجل شراء ذاك العقار بالدرجة الأولى، وأن بنسودة وحتى لا يظهر للعموم، قام بإبرام شراكة مع زفاض من أجل وضعه في الواجهة، والتغاضي عن إسم بنسودة.

 

بنسودة يتخلى عن حصصه أبنائه للشقيقين زفاض في سرية تامة

 

توصلت جريدة مراكش الإخبارية بمعطيات تفيد أن نور الدين بنسودة وبعد حوالي 9 سنوات من الاستفادة من عقار "تاركة"، قام ببيع أسهم أبنائه الثلاثة، كنزة، سليم وحمزة، الذين يمتلكون 250 سهما لكل واحد منهم.

وأضافت مصادرنا، على أن حصتي كل من كنزة وسليم تم تفويتها للحسين زفاض، فيما تم تفويت حصة حمزة بنسودة لشقيق المدير القانوني لشركة "سليم سكن"، حيث يتعلق الأمر بمصطفى زفاض المزداد سنة 1965.

ومن جانب آخر، ذكرت مصادر أخرى للجريدة، أن الجمع الاستثنائي للشركة، والذي عقد سنة 2014، نص على تعيين ليلى بنجلون زوجة نور الدين بنسودة، مسيرة بالتشارك، لشركة "سليم سكن"، وهو ما يعني أننا بصدد مقاولة عائلية بامتياز، تم فيها الاستعانة بزفاض المعروف في عالم اوراش البناء والأشغال العمومية.

 

حقوقيون: تفويت عقار ب"تاركة" لشركة يمتلك نصف أسمهما بنسودة هو تحايل على القانون وتحقيق لمآرب خاصة

 

في شكاية ضد مجهول وموجه إلى الوكيل العام بمحكمة الإستئناف بمراكش، طالبت الجمعية المغربية لحماية المال العام، بفتح بحث معمق بخصوص وجود  شبهة تبديد أموال عمومية  و استغلال   النفوذ  و الغدر و تضارب المصالح.

 

  وقالت الجمعية، على أنه وانطلاقا من مبادئها  وأهدافها، كمنظمة حقوقية ديمقراطية ومستقلة،  الرامية إلى  حماية المال العام و تخليق الحياة العامة  و التصدي للفساد  والإفلات من العقاب، فإن فرعها بجهة مراكش أسفي، و في إطار تتبعه  لكل المظاهر  المرتبطة بالفساد و نهب و تبديد المال العام و من بينه  الملك العمومي التابع للدولة أو للجماعات الترابية  بالجهة،  وقف على عملية تفويت عقار مخزني يقع بمنطقة تاركة  بمراكش، ويتعلق الأمر بالعقار ذي الرسم العقاري 7331 / م، والذي تبلغ مساحته 20280 مترا مربعا، حيث خصص لإنجاز مشروع عقاري كبير  عبارة عن مركب سياحي  بالمنطقة لفائدة شركة ذات المسؤولية المحدودة تسمى  "سليم سكن "، وذلك سنة 2007، وبثمن 300.00 درهم للمتر المربع  أي 6 ملايين و 84 ألاف درهم، حيث تمت عملية التفويت هاته بين الشركة  المذكورة  في شخص ممثلها القانوني  المسمى  الحسين زفاض و بين المدير الجهوي للأملاك المخزنية بمراكش نور الدين زين الدين.

 

  وأضافت الجمعية في شكايتها، على أنها استنتجت من الوثائق المتوفرة لديها، من  الشركة  موضوع الشكاية يملك أسهمها مناصفة  حسين  زفاض ونور الدين بنسودة، المدير الحالي للخزينة  العامة، باعتباره وصيا على حصتي ابنيه القاصرين  البالغين  من العمر خلال تاريخ التفويت على التوالي 7   و 9 سنوات .

 

وأشارت الجمعية في شكايتها، إلى أن عملية التفويت هاته، تمت تحت غطاء إنجاز مشروع استثماري في المجال السياحي، مبرزة تخوفها من أن تكون الغاية من ذلك هو التغطية على الثمن الزهيد الذي فوت به العقار  المذكور من اجل تحقيق أهداف شخصية و أرباح عقارية  بعد التخلي عن انجاز المشروع المذكور.

 

ومن جانب آخر، قالت الجمعية في ذات الشكاية، على أن عملية التفويت هاته لم تخضع لمساطر واضحة، بل ولم تحترم قواعد المنافسة والشفافية ومساواة الجميع أمام القانون و تكافؤ الفرص.

 

ومن جهة أخرى أضاف رفاق الغلوسي في شكايتهم، أن  امتلاك قاصرين  لا يصل عمرهما  عشر  سنوات تحت ذريعة أن والدهما بنسودة  هو الوصي  عليهما،  لا يهدف إلا إلى  التحايل على القانون و تحقيق مصالح شخصية و استغلال  مركزه الوظيفي الذي يبدو أنه هو الذي سهل تفويت عقار في موقع استراتيجي  مهم بمدينة مراكش، وذلك مقابل سعر زهيد،  وهو الشيء  الذي يتعارض مع الدستور الذي  يؤكد على مبدأ  الحكامة و الشفافية و  التنافس الحر.

 

ومن جانب آخر، فقد أكدت الجمعية المغربية لحماية المال العام في الشكاية الموجهة الى الوكيل العام بمحكمة الاستئناف بمراكش، بدورها،  أن نظام الشركة مسجل في  سنة 2006، ويبين بأنها  مملوكة مناصفة بين المقاول زفاض و نور الدين بنسودة المدير الحالي للخزينة العامة للدولة باعتباره وصيا على حصتي ابنيه القاصرين.

 

 

 

 

 

تفويت 400 مليون درهم على خزينة الدولة

 

من الواضح أن عملية تفويت أراضي الدولة بمدينة مراكش لفائدة خواص، مقابل أثمنة زهيدة، ظاهرة ليست وليدة اليوم، إذ لا زالت العديد من القضايا المتعلقة بهذا الشأن  عالقة بمحاكمنا، والقضاء لم يفصل بها بعد رغم مرور سنوات على عرضها على أنظاره، وذلك لتورط شخصيات نافذة من الواضح أنها فوق القانون، وأن لا احد قادر على زعزعتها عن موقعها ولاحتى باتخاذ اللازم في حقها، سوى التأجيل بالنظر فيها، في كل جلسة لأسباب قد تتشابه أو قد تختلف، لكن النتيجة واحدة، وهي اغتناء المستفيدين منها، وتفويت مبالغ مهمة على خزينة الدولة.

 

وفي هذا السياق، يضيف التقرير المنجز  من طرف الجمعية المغربية لحماية المال العام حول قضية عقار "تاركة"، على أن   حقيقة ثمن تلك المساحة  التي تقع في القلب النابض لمدينة مراكش، و التي يقطنها أثرياء  المدينة  فقط، و التي  هي أرض مجهزة  تقع  بمنطقة  "تاركة  "  لا يقل ثمنها عن  20,000.00  درهم للمتر المربع،  و ذلك حسب الأثمان العقارية الرائجة و المسجلة في عقود البيع بالمحافظة العقارية بمراكش،  و هو  ما جعل   الفرق  بين ثمن التفويت و السعر الحقيقي للعقار يصل إلى 400 مليون  درهم،  وهو مبلغ مالي مهم تم تفويته على  خزينة الدولة.

 

 

رفاق الغلوسي يطالبون بالتحقيق مع كل الأطراف المتدخلة في ملف عقار ب"تاركة"

 

وفي ذات الشكاية الموجهة إلى الوكيل العام باستئنافية مراكش، ذكرت الجمعية المغربية لحماية المال العام، على أنه ومن خلال الوثائق المتوفرة  و الظروف   التي   مرت فيها  عملية التفويت  والأطراف المتدخلة والمستفيدين، يتبين أن الأمر يتعلق بعملية سطو على ارض في ملكية الدولة، وخاصة أمام وجود مدير الخزينة العامة  نور الدين بنسودة وراء الشركة التي استفادت من عملية التفويت، حيث يدل ذلك حسب الجمعية، على أن هناك تضارب في المصالح، خاصة وأن مدير الخزينة كان إبان التفويت، مديرا للضرائب و هو الشيء الذي  يتناقض والفصل 36 من  دستور 2011.

 

وما يزيد من تأكيد كون الأمر، يتعلق بعملية السطو على عقار بمنطقة "تاركة"، تشير الجمعية إلى  عدم  إتمام المشروع حسب دفتر التحملات   في الزمن المحدد وفق قانون الاستثمار، وهو ما يبين بأن   هناك  تحايل على القانون لتفويت العقار تحت غطاء الاستثمار السياحي  خاصة وأن مدينة مراكش تعرف ارتفاعا في العقار بالمناطق الاستراتيجية كمنطقة "تاركة".  

وبناء على القانون رقم 78.00 المتعلق بالميثاق   الجماعي و خاصة المادتين 37 و 38 منه و    بناء على النصوص المنظمة للملك العمومي للدولة أو الجماعة التي يتضمنها الظهير الشريف بتاريخ 19 أكتوبر 1921 و الفصل الرابع من ظهير أكتوبر 1921 و بناء على المرسوم رقم 2.02.185  صادر في 20 من ذي الحجة 1422 (5 مارس 2002) بتغيير وتتميم المرسوم الملكي رقم 330.66   بتاريخ 10 محرم 1387 (21 أبريل 1967) بسن نظام عام للمحاسبة العامة، و بناء على الفصل 36 من دستور 2011 ، فقد طالبت الجمعية المغربية لحماية المال العام من الجهات المختصة، بالقيام بكافة الابحاث و التحريات الضرورية  و الخبرات المفيدة  و حجز  كافة الوثائق ذات الصلة بموضوع القضية و الاستماع إلى كل من المدير الجهوي  للأملاك  المخزنية  بمراكش نور الدين زين الدين، مدير الخزينة العامة نور الدين بنسودة، أعضاء اللجنة الإقليمية التي حددت تمن تفويت العقار اعلاه، حسين زفاض  بصفته  الممثل القاوني  لشركة " سليم سكن "، و كل شخص قد يفيد في تحقيق العدالة، مع متابعة كل من تبث تورطه في موضوع و وقائع هذه القضية وذلك طبقا للقانون.

 

الفرقة الجهوية للشرطة القضائية بمراكش تبدأ تحقيقاتها في الملف

 

 

 

علمت جريدة مراكش الإخبارية، أن الفرقة الجهوية للشرطة القضائية بولاية أمن مراكش، استمعت يوم الأربعاء 02 يناير 2018، إلى صافي الدين البودالي رئيس الفرع الجهوي للجمعية المغربية لحماية المال العام، وذلك بخصوص قضية عقار "تاركة" مقابل مبلغ زهيد.

 

وتمت إحالة هذا الملف إلى الفرقة الجهوية للشرطة القضائية بمراكش، من طرف الوكيل العام لدى محكمة الاستئناف بمراكش، وذلك قصد إجراء البحث التمهيدي في هذا الملف الذي فوت الكثير على خزينة الدولة.

 

واستمعت الفرقة لصافي الدين البودالي، بخصوص ما جاء في الشكاية التي وجهت إلى الوكيل العام باستئنافية مراكش بتاريخ 12 نونبر 2018، من اتهامات خطير لأمين الخزينة العامة نور الدين بنسودة، وذلك بخصوص استغلال نفوذه من اجل الاستفادة من عقار في ملكية الدولة، مقابل مبلغ زهيد، وذلك في إطار شركة يملك فيها نصف الأسهم.

 

هل يعيد القضاء الهيبة لأراضي الدولة بمراكش… أم سيقف مكتوف الأيدي أمام شخص بنسودة؟؟؟

 

 

سؤال عريض يطرحه الكثير من المهتمين بالشأن المحلي لمراكش، وخاصة أمام كثرة القضايا المعروضة على غرفة جرائم الأموال باستئنافية مراكش منذ سنوات، والتي بها شخصيات متورطة أقل نفوذا من شخص  نور الدين بنسودة، وذلك إلى جانب سؤال تحقيق الرسالة الملكية في هذا الباب، والتي وجهها الملك محمد السادس الى وزير العدل محمد أوجار سنة 2017، والتي تنص على تطبيق القانون ضد مافيا العقار التي وضعت يدها على الآلاف من الهكتارات بالسطو عليها، وتقديم مقابلها مبالغ ز هيدة، وذلك بشكل فوت الكثير على خزينة الدولة.

 

وفي هذا السياق، فقد سبق وأن ترأس محمد أوجار، وزير العدل، اجتماعا للجنة المكلفة بتتبع موضوع "الاستيلاء على عقارات الغير"، وذلك تنفيذا لتعليمات الملك محمد السادس والتي تهم التصدي الفوري والحازم للظاهرة تفاديا لما قد ينجم عنها من انعكاسات سلبية على مكانة وفعالية القانون في صيانة الحقوق ومن زعزعة الاقتصاد ومس بالأمن العقاري بالبلاد.

 

ورأى أوجار في اجتماعه ذاك، أن ظاهرة الاستيلاء على الأملاك العقارية أصبحت مثيرة للقلق، ما استدعى تدخلا ملكيا مباشرا لاستحداث آلية لمعالجة الظاهرة ومواكبتها، وبحث مختلف السبل للتصدي لها عبر اعتماد تدابير مختلفة تتوزع بين ما هو تشريعي وبين ما يرتبط بالمجالين التنظيمي والعملي.

واقترحت اللجنة تعديل المادة الرابعة من مدونة الحقوق العينية بإضافة الوكالة ضمن الوثائق الواجب تحريرها بمحرر رسمي أو من لدن محام مؤهل، وتعديل الفصل 352 من مجموعة القانون الجنائي عبر توحيد العقوبة المتعلقة بجرائم التزوير بين جميع المهنيين المختصين بتحرير العقود من موثقين وعدول ومحامين، بالإضافة إلى منح ممثل النيابة العامة وقاضي التحقيق والمحكمة الصلاحية في اتخاذ تدبير عقل العقار موضوع التصرف إلى حين البحث في القضية.

أما على المستوى التنظيمي والعملي، فقد أفصح وزير العدل عن إنجاز إشهار رقمي من لدن الوكالة الوطنية للمحافظة العقارية لكافة الرسوم العقارية، تتيح للملاك تتبع وضعية عقاراتهم من خلال الاطلاع على البيانات المسجلة بالرسوم العقارية التي تعنيهم عبر البوابة الإلكترونية دون تحمل عناء التنقل إلى المحافظة العقارية، وحصر العقارات المحفظة المملوكة لمتغيبين أجانب أو مغاربة.

وكشف أوجار عن اتخاذ الترتيبات اللازمة للتأكد من صحة الوثائق والعقود المبرمة بالخارج عبر مراسلة السلطات الأجنبية المختصة طبقا للاتفاقيات الدولية المعتمدة، مع إحداث مركز إلكتروني للأرشيف يخص العقود المبرمة من لدن الموثقين، واتخاذ التدابير الضرورية بشأن احتفاظ كتابات الضبط بالمحاكم بنظائر من العقود المحررة من لدن المحامين، وتشجيع الملاك على سحب نظائر الرسوم العقارية المتعلقة بهم.

ومن ضمن الإجراءات المتخذة كذلك حث المحافظين على الأملاك العقارية من لدن المحافظ العام بعدم تقييد التصرفات العقارية للشركات المدنية بالرسوم العقارية، وتسجيل الشركات المدنية العقارية بالسجل التجاري حينما تمارس عملا تجاريا، داعيا النيابات العامة إلى تتبع الأبحاث الجارية بشأن قضايا الاستيلاء على عقارات الغير بحزم وصرامة، والحرص على تسريع وتيرتها والتنسيق مع مختلف المتدخلين في المجال لإضفاء الجودة والفعالية عليها.

وزير العدل في حكومة سعد الدين العثماني أكد أن النيابات العامة مدعوة إلى تتبع الأبحاث الجارية بشأن قضايا الاستيلاء على عقارات الغير بالحزم والصرامة اللازمين، والحرص على تسريع وتيرتها والتنسيق مع مختلف المتدخلين في المجال لإضفاء الجودة والفعالية عليها؛ بما فيها تفعيل الإنابات القضائية الدولية، والسهر على تجهيزها والبت فيها داخل أجر معقول، زيادة على الحرص على تبليغ النيابة العامة بكل دعوى تتعلق بالطعن بالزور الفرعي، وإحالة كافة الوثائق موضوع الطعن إليها، بالرغم من تنازل المطعون ضده بالزور عن استعمال الوثيقة وسحبه لها.

 

 

 

1 058 commentaires sur “كيف أطاحت 300 درهم « مراكشية » بالخازن العام للمملكة نور الدين بنسودة

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