Hadžibajrić's Clarification on the Residential-Commercial Building in Dženetića Čikma

SARAJEVO, (Patria) - Following the information and speculation that appeared in the public regarding the construction of a residential-commercial building in Dženetića Čikma street, which was discussed at the first regular session of the Stari Grad Sarajevo Municipal Council, the municipal mayor, Mr. Ibrahim Hadžibajrić, issues the following press release:

"The project for the construction of a residential-commercial building in Dženetića Čikma street, which is a joint investment of the Stari Grad Municipality and Amko komerc d.o.o., has attracted significant public attention from the very beginning, primarily due to the dissemination of inaccurate information and speculation by the SDA regarding the legality of our procedures. I am compelled to inform the public in this manner that all procedures are conducted transparently and in accordance with legal regulations, and that all acts proposed to the Municipal Council for adoption have been prepared by the competent municipal services and have received a positive opinion from the municipal ombudsman. This is a complex topic that we will try to clarify as simply as possible through this statement.

The Stari Grad Sarajevo Municipal Council adopted, in June 2019, a Conclusion on granting consent for the start of the implementation of the joint project for the construction of a residential-commercial building within the Quadrant XII Planning Zone between the Stari Grad Sarajevo Municipality and TD "Marketi" dd (Amko komerc d.o.o) and other interested parties. The Stari Grad Municipality Ombudsman's Office, the Urban Planning Service, and the Service for Property-Legal, Geodetic Affairs, Cadastre and Housing Affairs were tasked with undertaking all necessary activities aimed at implementing the project.

At the same time, the conclusion stipulated a 60-day deadline for interested parties to resolve mutual disputes, and in case of non-fulfillment of the aforementioned, the municipal mayor was authorized to complete the initiated procedure on behalf of the Stari Grad Municipality with the owner of the plot on which the commercial-residential building is being built, all based on the established interest of the Stari Grad Municipality.

All acts that were placed on the agenda of yesterday's session of the Stari Grad Sarajevo Municipal Council regarding the construction of the residential-commercial building in Dženetića Čikma street were proposed in accordance with the aforementioned conclusion. Topics that have been widely debated in the previous period are Jewish and waqf property, and the issuance of a building permit. With the aim of objective information of the public, I consider it important to answer these questions.

Among the acts proposed to the Municipal Council yesterday was a draft decision on the payment of compensation to Malina Rašel and a decision on accepting the proposal for a contract on mutual relations between the Stari Grad Municipality and the Islamic Community's Medžlis in Bosnia and Herzegovina (compensation for the waqf). Namely, it was proposed that M.R. be paid compensation in the amount of 103,950 KM, according to the assessment of a permanent court expert, because before the conducted harmonization procedure, she had registered
the right to use a part of the property where the construction of the residential-commercial building was planned, with a total area of 87 m2.

Also, it was proposed that the Medžlis of the Islamic Community in Sarajevo be given ownership of two future commercial premises with a total area of approximately 32 m2, on account of properties with an area of 140 m2 on which, before the conducted harmonization procedure, the Waqf of Hadži Mustafbeg Džerzetić and the Waqf of Hadži Sejdebeg Dženetić were registered, with the right of use. Such a transformation of the waqf would be in accordance with the conclusion adopted by the Council of Muftis of the Islamic Community in Bosnia and Herzegovina.

The legality of the proposed acts was also confirmed by the acting municipal ombudsman, Enes Smajlović, who stated that all acts on this matter that he reviewed and gave a positive opinion on are in accordance with the law. However, despite this, and the importance of resolving these issues for the Islamic and Jewish communities in Bosnia and Herzegovina, the councilors of SDA, SBB, and the Alliance for Stari Grad did not support these agenda items and declared themselves abstaining, while the councilors of NBL, NiP, SDP, Our Party, Platform for Progress, and independent councilor Jasmin Skorupan voted FOR.

Since there has been much debate about the issued building permit, we emphasize that it was issued fully in accordance with the provisions of the Law on Spatial Planning of the Sarajevo Canton. Both the Stari Grad Sarajevo Municipality and Amko komerc d.o.o. had, at the time of issuing the building permit, established ownership rights over the subject land, with shares of 1/1, which is proof of the right to build, i.e., resolved property-legal relations (Law on Spatial Planning of the Sarajevo Canton). We emphasize that the decisions discussed yesterday were not a condition for issuing the building permit, and there is no room for speculation that this is an illegal solution. They are necessary for the registration and entry of the future building, i.e., the final realization of the project.

In a very detailed explanation of these proposals at yesterday's session of the Stari Grad Municipal Council, the assistant mayor for property-legal, geodetic affairs, cadastre and housing affairs, Adela Plakalo, pointed out that there is no room for doubts about the legality of these acts, and emphasized the economic importance and profitability of the project. Any doubt regarding media speculation about the loss of rent and shelter fees that the co-investor Amko komerc d.o.o. was obliged to pay to the Stari Grad Municipality was removed, and it was confirmed that regarding the rent, the same paid 229,423.90 KM, and 18,866 KM for shelter fees into the budget of the Stari Grad Sarajevo Municipality.

Here we must especially emphasize the economic justification and value of the project of planned commercial premises in Dženetića Čikma street. Namely, according to the assessment of an authorized court expert in the construction field, the market value of the undeveloped construction land owned by the Stari Grad Municipality is 546,300 KM, while the value of the planned commercial premises is 1,240,056 KM. Therefore, through this project, the Stari Grad Municipality is not selling or donating its property. On the contrary, it remains the owner of the same, and increases it from approximately half a million marks to 1.2 million convertible marks, and in the future, additional profit will be realized
through the lease of commercial premises.

Despite all the answers and clarifications that the members of the Municipal Council received on this matter, the proposed acts: Draft decision on payment of compensation to Malina Rašel, Draft decision accepting the proposal for a contract on mutual relations between the Stari Grad Sarajevo Municipality and the Medžlis of the Islamic Community in Bosnia and Herzegovina, Draft decision on direct exchange of co-ownership shares of real estate between the Stari Grad Sarajevo Municipality and Amko komerc d.o.o. Sarajevo did not receive a 2/3 majority and were not adopted.

Such a declaration by the councilors of the SDA party is not surprising, given that they obstruct the majority of decisions proposed by the municipal mayor, disregarding the interest of the wider community.

But their behavior is surprising when issues of property of religious communities, the Islamic Community in Bosnia and Herzegovina and the Jewish Community are being resolved, to whom they will need to explain their actions, especially given historical facts such as the suffering of Jews during the Holocaust. Their claims about the illegality of the acts adopted in this procedure and doubts about the acts proposed yesterday, which they presented through the media, are at least strange, considering that they did not declare themselves against them, but abstained. This shows that they themselves doubt the validity of their claims and inconsistency.

Working further with the aim of improving this local community, increasing the value of the property of the Stari Grad Municipality, and above all achieving better living conditions for our citizens, we will continue activities on the implementation of this project in accordance with legal regulations and in a way that no one is harmed regarding property rights. At the same time, I call on municipal councilors to also work in the interest of all citizens, and the Stari Grad Sarajevo Municipality."