Is Morocco really about to sacrifice Ex-General Manager Larbi Tadloaui to avoid responsibility?
First of all we would like to inform our readers that we are not like any other media, we do not respond to threats, insults nor defamatory statements with no real evidence, and no one can dictate his point of view on us. But what you can do is enrich your comments or email with authentic documents.
We are still being contacted by allegedly various investors asking us to do “our job”, we would like to remind these persons that they have the right to disagree with our analyse as long as they backup their story with legal documentation or genuine paperwork, not just words tainted with anger and animosity.
After few days we felt in the need of digging further.
Few months ago a top three worldwide law firms that advises and assists top corporates, entities and Governments generally but in particular the Moroccan Government has been contracted to assess the Paradise Beach Resort situation. Norton Rose Fulbright LLP employs over three thousand eight hundred lawyers worldwide and has been ranked number one in the field of real estate and touristic projects by The Legal 500 and Chambers Ranking. They have been sought their legal advice to establish who is responsible for the delay and all of these problems – the Developing Company, Atlantic Beach Paradise Resort S.A.R.L, or the vendor of the land, the Government. The conclusions are clear; the Government/State is responsible and is in breach of its obligations. The Government/State has not in any way appreciated the needs of the Project in terms of infrastructure and the worst is that Amendis a subsidiary of Veolia who acts on behalf of the Government/State still cannot in 2016 guarantee the provision of irrigation water for the Golf Course.
Norton Rose Fulbright – The financing agreement that has been signed in 2015 does not provide neither an implementation deadline for the off-site infrastructure (for any services), nor a guarantee concerning the volumes of re-utilization des Eaux Usees [recycling of wastewater (REU)] to cover watering needs that can be supplied by Amendis.
Norton Rose Fulbright – In view of the foregoing, we feel that the realization of OFF site infrastructure, by definition executed outside the perimeter of the plot, was the responsibility of the state, in the absence of any express provision causing ABPR to be liable for the cost of such Infrastructure. According to your analysis, the State therefore is in breach of its obligation of compliant delivery, resulting from its capacity as the vendor under the Deed of Sale.
Norton Rose Fulbright – Financing agreement proposals’ thereafter sent by Amendis acting on the behalf of the State does not seem to demonstrate that an equitable and acceptable solution has been proposed to ABPR to rectify that breach.
The real responsibility for this negligence by the Government/State back in 2007 lies with Mr. Mohammed Hassad who used to be the local representative (the Wali) of the State in Tangier in 2007. He is now the actual Minister of Home Affairs and the Plaintiff against the ex-General Manager, Larbi Tadlaoui. Instead of admitting his faults/ negligence for granting an area for building without basic off site infrastructure he is trying to sacrifice Mr Tadlaoui.
Why then is a government official the plaintiff in this “affaire” and then at the same time doesn’t show-up to court to face Mr Tadlaoui. Clearly this is a mascaraed used to deny liability.
Norton Rose Fulbright – Incidentally, it should be noted that the minutes are particularly interesting as they confirm that the state has not in any way appreciated the needs, in term of infrastructure, of the projects of the zone where the Project was to be developed, and had not fully appreciated the scope of these undertakings, most certainly due to negligence, at the time of the signature of the agreement.
Norton Rose Fulbright – In any event, if we assume that the heads of Terms could validly impose the funding of the OFF site Infrastructure on the developers, the obligation of the State site Infrastructure results in this case from the Agreement and the Deed of Sale, and not from an administrative obligation. The changes resulting from the Heads Of Terms, which is solely a matter of administrative law, should not therefore affect the pre-existing liability of the State under the agreement or the Deed of sale, which results from an obligation of private law.
It has been clearly established by this report that the state should take responsibility and that’s why, we humbly think that Mr Larbi Tadlaoui is being wrongly incarcerated. He should be facing his client in his office.
Unfortunately, a minority group Atlantic Beach Paradise Resort’s clients amounting to less than one hundred are being lied to by the Minister of Home Affairs through the Embassy when five hundred plus clients are supporting the Ex general manager with written letters and have accepted a compensation scheme for the delay beyond their control.
Mr Talaoui’s advisers through his lawyers are: quote: requesting that their clients take a thorough look at all their documentation in general but in particular the Norton Rose Fulbright report. This kind of law firm will not have come to these water-tight conclusions without being 200% sure. They will not put the reputation of their three thousand eight hundred lawyers in jeopardy or their billion dollar business at stake even if it is against the Moroccan Government who also happen to be their clients for the solar station Noor, the latest IPO of Marsa Maroc, etc. quote.
A Moroccan Human Rights NGO has brought their support to the ex General Manager, Larbi Tadlaoui, as his human rights have been abused.
For last we would like to bring you a fresh peace of mind, we don’t want to see investors who paid their life savings to buy a piece of paradise on earth being lied to or manipulated by governments, there for we will publish the formal request made by Mr Tadlaoui’s representatives: Atlantic Paradise beach Resort urgently request publically that a meeting takes place with all parties concerned – clients and Atlantic Beach Paradise Resort S.A.R.L., Banque Populaire, Government and the Project Management Company, Diagonale, representatives to confirm in total transparency and to eliminate all doubts the future of the Paradise Golf and Beach Resort, availability of funds and the completion of properties.
That said, we hope at The Maghreb Times that the different parties should look for the bigger picture, the completion of a beautiful resort that would bring prestige to Morocco and Tangier in particular, justice should be independent and only be based on hard evidence.
Quotes taken from the Norton Rose Fulbright offical repport.
The Maghreb times.