Corruption in the Hadžići Municipality
Ejubović fired his own officials to satisfy the investors?!
According to the charges, contrary to the Regulatory plan, Ejubović has allowed the company to build a commercial building 16,40 times 60,40 meters
Because of the abuse of position of power, by enabling the company CET BAH to acquire an illegal profit of several hundred thousand KM, while damaging the Municipality that same amount, the Canton Sarajevo Prosecution has received several criminal charges filed against Hamdo Ejubović (SDA), the head of the Hadžići Municipality, by individuals from the Municipality, as well as the Municipal council of Hadžići, Fokus finds out.
As the spokesperson of the Canton Sarajevo Prosecutor's Office Azra Bavčić has confirmed for Fokus, they made a proposal under which the Sarajevo Cantonal Court has issued an order for documentation to be temporarily seized related to this case, in order to investigate the claims from these charges.
Whistleblower status
However, this story, according to Fokus’ investigation, turned out to be much bigger, because Ejubović has, in the meantime, continuing to act in the interest of the aforementioned company, turned against his assistants and other officers in the Land register department, all because they didn't want to break the law, by degrading them and transferring them to other departments. Apart from the Prosecution of Canton Sarajevo, the Office for the fight against corruption of KS has also been informed by the degraded employees who have asked for protected corruption whistleblower status.
Namely, the Municipality of Hadžići published an ad on January 3rd for the sale of building land for the purpose of building a residential and commercial building. In this act, it has been stated that the dimensions of the object should be 16 times 60 meters, and that the object proposes a ground floor, basement and six stories. On February 18th, a contract was signed with the company CET BAH on the sale of a cadastral plot 937/1 of the size of 2.638 square meters.
According to the charges, contrary to the Regulatory plan, Ejubović has allowed the company to build a commercial building 16,40 times 60,40 meters!
Previously, the Commission for the enforcement of public competition has brought a decision on the sale of this land to the only bidder, the company CET BAH, with a direct contract priced at 316.560 KM. The interesting thing is, as has been reported to the Prosecution, that there is a third parcel which has been bought by the mentioned company from the Municipality. The auction is always published right after CET BAH finishes building the previous object.
On February 25th 2021, the Municipal department for building has brought a decision that the mentioned company is granted bigger dimensions than the ones first proposed, failing to mention them in the urbanist agreement.
Thus, as has been reported to the Prosecution, the investor was allowed to illegally build 1.200 square meters of additional space.
Suspicious ties
One of the criminal charges which has been protocoled in the Prosecution is the one filed by a local councilman of the Municipal council of Hadžići Admir Mujanović. In it, it is stated that right after granting the operational licence, the investor filed a request to plan the building, and in the process it was established that the garages, which were built in the basement of the building with no urbanist agreement, were partially built on other parcels. In the charges, it is mentioned that, apart from the suspicious ties of the Head of the Municipality to the company, it should be investigated who bought the apartments and commercial spaces in the object.
It is important to mention that, according to the charges, the majority of the Municipal council took part in the irregularities, because on December 26th 2019, on the suggestion of the head of the Municipality, they voted for the Decision on the manner and terms of the sale of building land in order to build the aforementioned residential-commercial complex.
According to this decision, the investor is exempt from paying the part of the costs related to regulating the building land, but is obligated to limit the selling price of the meter square of commercial spaces in the object up to 1.215 KM (without VAT).
The Federal Geodetic Administration has delivered Fokus the decision they have granted to the Hadžići Municipality on June 6th this year, which is final and unappealable.
In it, it is stated that the Municipality wasn't able to execute the registration of rights until the investor solves the question of the part of the building they built contrary to the authorization, because the object was built on three parcels, instead of one. The object was built on parcels 935/1 and 937/9, too. The Municipality was ordered to annul the decision and return the case to step one, which was not done.
On the page katastar.ba of the Federal Geodetic Administration, if you write in the data on the parcel, it is clear that this object goes out of proposed zone.
When it comes to Municipal officials which have been degraded in the meantime, they are seeking protection through institutional and legal ways. As we have found out, the Head of Municipality had, before signing the paper to transfer them, sent them acts in which he orders them to act in the investor's interest, explaining that these deviations are tolerable and do not infringe the plan. At the same time, he stated that not going on with the procedure of planning the building would harm the Municipality of Hadžići through possible lawsuits.
Fokus has sent the Head of Municipality's cabinet several questions to get his side of the story, but up until the publishing of this text, we haven't gotten tha answers. If we do get them, we will publish them in a separate text.
The attorney's role
Given the fact that there was a question of why the Municipal attorney Meliha Halilagić didn't do anything about this, we also asked her questions.
-I wasn't aware that in the process of granting the building permit to CET BAH, the Federal Geodetic Administration found out that some decisions couldn't be brought. I am not aware that there were any legal irregularities in that process – stated Halilagić in her answer to Fokus.
The company CET BAH said for Fokus that after the conducted technical reception of the object by the Commission in February of this year, they got the permit. They stated that they got the decision upon which the object was planned from the Cadastre service, but without the basement part – garage, which they appealed. They point out that after the act of the Federal Geodetic Administration, the Hadžići Municipality returned the case to decide again, and that they, as investors, are still waiting for the new decision.
There have been many criminal charges against Hamdo Ejubović, is leading Hadžići for the 19th consecutive year, filed in the Canton Sarajevo Prosecution.
According to Žurnal's writing from February this year, several thousand square meters of granit blocks have gone missing from several locations in Hadžići in the past years, and it has been documented that this happened with the knowledge of the Municipalits. Some of these criminal acts have been documented by MUP KS and the reports handed to KS Prosecution.
Prosecution also has, apart from other stuff, a case related to unlawful firing of two officials Remzija Balić and Hasan Topalović. Municipal Court of Sarajevo has ruled in their favor which has cost the budget of the Hadžići Municipality 190.000 KM until now.
It's interesting that in the Municipal Court of Sarajevo a similar case is lead against the now ex-head of Municipality of Stari Grad Ibrahim Hadžibajrić, who has, according to charges, in the period from March 2020 to March 2021, illegally fired six state officials.