The Beilian building Kobet El Houa, one of the most legendary buildings in the municipality of La Marsa, is in danger of collapsing. In the absence of legal means to allow the restoration, local authorities contented themselves with planting a panel warning of the danger of entering it.
The images of this panel quickly made the web respond. Several Internet users have condemned the state’s inability to take care of its monuments. ” It hurts the heart … a country that can not create and build, but which also sees its performance deteriorate or even collapse! wrote journalist and author Mehdi Katou on her Facebook page.
The historical monument – built directly on the coast – rests on several poles and is adorned with a marble dome. According to La Marsa municipality’s website, the building housed parties and parties. Its second floor included secret apartments dedicated to the town.
The date of its construction was the subject of several hypotheses. While some historians claim that its construction dates back to the 1920s, others refer to it as the early 1930s. Some even attest that this pavilion was built during the reign of Ali ben Hussein Bey as a summer residence around the second half of the 19th century.
Sold to private individuals in the 1960s, the building was then converted into restaurants and praises. In addition, several changes have been made to the basic architecture. In 2012, the poles were reinforced, and then the building – then the subject of a land dispute – closed its doors to the public in 2016.
The Coastal Protection and Development Agency (Apal) – current owner of the premises – has still not touched a finger to save this building from lack of funds. According to a statement from the mayor of La Marsa, Moez Bouraoui, to the newspaper La Presse – from 2021 – the municipality had failed to sign an agreement with Apal and benefited from the right to lead and operate Kobbet El Houa. The municipality’s request for classification has still not been granted.
Following the publication of this article, we have received a right to reply from Dhafer Berrachid, one of the current owners. We publish it in its entirety.
In 1984, the property known as Kobbet El Haoua (La Marsa) was sold at auction by the municipality of La Marsa to a private Tunisian. In 1993, it was sold by the latter to Mohamed Ridha Berrachid. After his death in 1999 and quite naturally, his children inherited the property (Blue title in good and proper form).
Private use was first made of Kobbet El Haoua, which at the time was run as a restaurant-café by one of the heirs in the 90s. Later it was rented out in free management. The last lease, which was the subject of a legal dispute, ran from 2000 to 2016 and ended following a court ruling by the Court of Cassation in favor of the heirs. It is currently in their possession. The various tenants have used it for commercial and tourist use as a space for leisure and entertainment.
In 2015, the heirs discovered by a simple coincidence that the deed had suddenly been altered to integrate the property into the Domaine Public Maritime (DPM). This was done on the basis of a simple administrative letter quoting a text published 10 years earlier (Decree 1419-2005) concerning the delimitation of the maritime public domain and this of course without any notice to the owners. It is important to emphasize that it appears from the expert reports ordered by the courts that by comparing this decree of 2005 with the previous delimitation decrees of 1900, 1924 and 1930, it does not in any way change Kobbts land and topography. el Haoua. Since it was not an expropriation (which has its very precise rules in the law), there was no compensation either. It was a big shock! After investigations and comparing documents that fell into their hands, they noticed that the operation of change of ownership, which was carried out after an “accelerated procedure”, took only five days, while it generally takes several months, which raised suspicions emplacement on several levels. In addition to the unusual speed of the operation, these suspicions are reinforced by the triggering event with the change in the land designation of a property as important as Kobbet El Haoua: a simple half-page letter from a department of the Ministry of Equipment. addressed to the regional administration of land protection in Tunis and requests a “quick” ownership to give it in “concession” to another private !!!!
It is just as inconceivable to deprive a citizen of his property, subject to a land property in good and proper form, which belongs to him without any ambiguity, in order to give it in concession to another private person !!! But such is the reality, unfortunately, supporting documents.
Owners of a property bequeathed by their deceased father, the Berrachid family finds themselves simply robbed of their inheritance without any procedure or information. A complaint was therefore lodged by the heirs with the administrative court, and the legal experts appointed by the court all concluded that the famous decree 1419-2005 does not apply to Kobbet El Haoua. The heirs have full confidence in the justice that follows its course.
Furthermore, it is important to clarify that Kobbet el Haoua has always been maintained by us until we forfeited our property in carrying out these spoilage maneuvers, which were launched to serve the interests of certain people.
Corruption complaints have also been lodged with the Truth and Dignity Commission (IVD) -14. October 2016- (a hearing was conducted and recorded before the IVD closed) and the Commission de Lutte against corruption (INLUCC) -11. January 2019-. Two complaints that the owners have so far not received a response to … One more question mark!