Critical Analysis of the Land Laws in T

Topics: Real property law, Allodial title, Real property Pages: 42 (17606 words) Published: December 2, 2014
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Critical Analysis of the Land Laws- A study

Salma Maoulidi
September 2004

Table of Contents
I. The Context
A. Introduction
B. The Report of the Commission of Inquiry into Land Matters C. The National Land Policy ..5


II. The Legal Framework
A. The Laws
1. The Land Act, Act No. 4 of 1999 ..9
2. The Village Land Act, Act No. 5 of 1999 ..10
3. The Land (Amendment) Act 2004 ..10
B. Land, Gender and the Rights of the Marginalized
1. Women and Land Rights in the 1999 legislation ..11
2. Land Rights of Pastoralists and Peasants ..12
C. Land Acquisitions
1. Acquisitions under the 1999 legislation ..12
2. Land Acquisitions Act No. 47 of 1967
3. Available Reliefs .. 14
4. Adjudication


III. Implications of the land regime
A. Security of Tenure
1. The Radical Title ..16
2. Compulsory Acquisitions ..17
B. Governance
1. Accountability
2. Information and Participation
3. Adjudication
C. Gender Equality
D. Land ownership in the changing political economy of Tanzania ..24


IV. Lessons from the Land Advocacy Process
A. The issues and approach
B. The advocacy process
C. The movers
.. 30
D. Unexplored Dimensions


V. Conclusion






Terms of Refrence

The task at hand entails the critical review of the Land Laws of Tanzania, chiefly Act No.4 and Act No.5, 1999 and their subsequent revisions. This could not be done out of context, or by confining oneself solely to the statutes. It was pertinent to review the factors and processes that informed the legislation. Towards this end, an extensive literature review on various aspects related to land reforms in Tanzania was done. A reasonable amount of references were available for review, most being by academics and researchers. The bulk of the work is thus technical and academic focusing on the historical than the discursive. Feminist and women‟s organizations tried to balance the discussion by emphasizing the gender dimension of the land question but because it was often in reaction to the perceived shortcomings of the core analysis, it did not necessarily offer new inroads to the debate. The most active debates concerned policy directions and legal provisions before their adoption by the legislature. A considerable amount of critique is thus on the Land Policy and the Land Act Bill, not on the Land Act or its implementation. Remarkably, the Land Commission Report continues to serve as the blue print for advocacy on land matters and forms the basis for most discussions, a fact that raises a fundamental question in so far as the agenda of land advocates is concerned i.e. whether the debate has moved beyond what could be to what is?

Indeed, this draws attention to a deeper dilemma facing land activists- since the passage of the Land Act activist action has waned. Yet, all is not yet done! The momentum at the height of the reform process focused on policy and legal options, leaving operational aspects unexplored. Likewise, a mass movement to legitimize and transform the advocacy agenda beyond visible individuals and institutions engaged in civil and intellectual protest is yet to be amassed thereby defeating the vision of democratizing the land debate- equality, people‟s participation and security for livelihoods and tenure.

This review, therefore, attempts to discern the active interaction that shaped and continues to shape the discourse over the policy and legal framework towards a viable land tenure system and structure in Tanzania. Perhaps, for the first time the breadth of views on the matter are posited against each other, not only with the view to discredit and challenge, but with a view of capturing the dynamism of the reform...

References: bell hooks (2000) Feminist theory: from margin to center (2nd ed), Pluto Press,
Bertha Koda (1998) “Changing land tenure systems in the contemporary matrilineal
social system: the gendered dimension”, in the making of a periphery; economic
C.S.L Chachage (1996) “The tenure in national parks, games and forest reserves”,
paper presented at workshop on the National Land Policy held at British Council Dar
Demere Kitunga (2003) “Gender and Democracy in Land Matters: Call for a people‟s
land law”, in Against Neo Liberalism: Gender, Democracy and Development,
E.R. Hardy Ivamy (1988) Mozley & Whiteley Law Dictionary 10th ed.,
Fimbo, G.M., (1996), "Land Tenure and Land Relations: Restatement or Reform
through Case Law", (Mimeograph), University of Warwick.
Gender Land Task Force (1988) “Comments on the Status of the Land Bill with a
Gender Perspective”, paper presented at the Land Forum June 20th, 1998.
Georgios Hadjivayanis (1995) Ardhi ni Uhai- Muhtasiri wa Taarifa ya Tume ya
Rais ya Uchunguzi juu ya Masuala ya Ardhi Tanzania, Oxfam.
Hakiardhi (2004)“Bunga Bongo: Uthamanishaji wa rasilimali”, in Ardhi ni Uhai,
issue 1, p
Henry Campbell Black (1991) Black’s Law Dictionary 6th ed., West Publishing Co.
Ibrahim Juma (1996) “The policy paper in the context of existing land law and
practice”, paper presented at workshop on the National Land policy held at British
Issa G. Shivji (1998) Not yet Democracy: Reforming Land Tenure in Tanzania,
IIED/HAKI ARDHI/Faculty of Law University of Dar es Salaam.
Issa G. Shivji (1996b) “Village Democracy: True root in Civil Society”, from Family
Mirror first issue December 1992 edited in Kivutha Kibwana, Chris Maina Peter and
Issa Shivji (2004) “Njama za Kikabaila dhidi ya Wanyonge?” in Ardhi ni Uhai, issue
Jael Silliman (2001) “Gender Silences in the Narmada Valley”, in Eye to Eye:
Women Practicing Development across Cultures, Susan Perry and Celeste Schenck
in Kegara Region, North Western Tanzania” downloaded on August 26, 2004.
Liz Willy (1998) A look at the Land Act 1998 Bill, DFID 27 May 1998
Marja-Liisa Swantz (1998) “Notes on research on women and their strategies for
Marjolein Benschop (2002) Rights and Reality: are women’s equal rights to land,
housing and property implemented in East Africa, United Nations Human
Ministry of Lands, Housing and Urban Development & Scandinavia Institute of
African Studies (1994) Report of the Presidential Commission of Inquiry into
Land matters, Vol. I
Ministry of Lands, Housing and Urban Development (1995) National Land Policy
National Bureau of Statistics (2003), Tanzania in figures 2003, Central Printing
Works, Dar es Salaam.
Ng‟waza Kamata (2003) “The Land Bill Act 1988 and Rural Producers”, in Against
Neo Liberalism: gender, democracy and development, Chachage S.L
and Marjorie Mbilinyi (eds.), Tanzania Gender Networking Programme, pp. 196-203
Rie Odgaard (1999) “The scramble for women‟s land rights in Tanzania”, Center for
Rights & Claims” downloaded on www.
Ringo Willy Tenga (1996.) “Monstrous Land Bill to make most Tanzanians landless”,
Salma Maoulidi (2004a) “the Land Fiasco: On yeah, agriculture is the backbone of
this country!” The African Saturday February 14, 2004 p
Salma Maoulidi (2004b) “Land suite- what is happening at ground zero?” The African
Saturday February 21, 2004
Salma Maoulidi, (1998)“A review of the Land Act 1998 Bill”, paper commissioned
by Haki Ardhi.
Tenga, R.W. (1993), "Notes on a Report Entitled: The Implications of the Regulation
and Natural Resources Management and Conservation," (Mimeograph), Land Tenure
(2002) Tanzania Wants $1.7bn to Promote Land Markets, The East African p. 9,
September 11-17, 2000.
Tumaini Elisamia Silaa, Rehema Kerefu Sameji, Lucy Tesha Merere (2002) Beyond
the Radical Title- Women and Land Rights in Tanzania, The Eastern African Subregional Support Initiative for the Advancement of Women (EASSI).
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