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Elisha Michael PDF
Elisha Michael PDF
MICHAEL, ELISHA
DEPARTMENT OF LAND
ARDHI UNIVERSITY
MICHAEL, ELISHA
DEPARTMENT OF LAND
ARDHI UNIVERSITY
This work is dedicated to my beloved parents Mr. and Mrs. Michael Tete, my brother
Lazaro and my sisters Sela, Nuru, Faraja, Lugano, Sekela and Glory for their memorable
moral and material support during my studies. They have been like a stepping stone
towards accomplishing my career.
i
DECLARATION
I, MICHAEL ELISHA, hereby declare that the contents of this dissertation are my
original work to the best of my knowledge; and that it has not been presented and will not
be presented elsewhere for a Diploma, Degree and any Professional award to any other
university for a similar or any other degree award.
…………………………………..
MICHAEL, ELISHA
SUPERVISOR’S DECLARATION
This report has been presented as a Dissertation in partial fulfillment of the requirements
for the award of the B.Sc. Degree in Land Management and Valuation of the Ardhi
University.
…………………………………. ………………………………
ARDHI UNIVERSITY
DAR ES SALAAM
ii
ACKNOWLEDGMENT
I would like to express honest and open gratitude to all majorities who gave me
assistance, guidance, support and suggestions during all stages of preparation,
compilation and finalization of this research. The process of carrying out this research
could not have been accomplished without the inspirational input of a number of
individuals both within the University and outside the campus.
Foremost, I strongly give great thanks to the God Almighty for he is the father of all
creations, and he gave me guidance and strength during the whole time I spent at Ardhi
University for without him I could not reach this step, blessed is his Holy name. I release
special gratitude to my dissertation supervisor Mr. Mtolera H., lecturer at Ardhi
University in the School of Real Estate Studies. He has been constantly giving support
during the whole research time by actively reading my writing up and returning the
helpful feedback on how to improve my work, may God bless him.
I extend my sincere appreciation to the LMV department staffs and panel members
including Mr. Mrema E, Mr. Mwita, Mr. Masakija, Professor Kironde, Ms. Muna, Ms
Makupa and Ms Radhia for their constructive comments, suggestions, criticisms and way
forward toward towards better research work. I acknowledge and recognize the special
and distinct contributions made by the officials at Mbeya City council including Mr. P.
Mwakilili, the Ward Executive Officer of Isyesye, Mr. Magoma L.L and his followers
Ms. Happiness and Ms. Mariam together with the land owners at Isyesye area in Mbeya
City.
iii
ABSTRACT
The research discovered the presence of low level of access to land, low people’s
awareness on the land related laws, low implementation level of NLP and its resulting
laws and presence of various factors that hinder land accessibility in the study area
including unafavourable tradition and customs. Therefore it was recommended that the
land owners should be educated so that they can have knowledge of land rights and
conducting more projects that will increase land accessibility.
Key Words: Equitable Distribution of and Access to Land, NLP Awareness and
Implementation.
iv
TABLE OF CONTENTS
DEDICATION.................................................................................................................... i
DECLARATION............................................................................................................... ii
ACKNOWLEDGMENT ................................................................................................. iii
ABSTRACT ...................................................................................................................... iv
TABLE OF CONTENTS ................................................................................................. v
LIST OF FIGURES ........................................................................................................ vii
LIST OF TABLES ......................................................................................................... viii
LIST OF ABBREVIATIONS ......................................................................................... ix
LIST OF PLATES ........................................................................................................... xi
LIST OF APPENDICES ................................................................................................ xii
CHAPTER ONE ............................................................................................................... 1
RESEARCH PROBLEM ................................................................................................. 1
1.0 Introduction to the Chapter ....................................................................................... 1
1.1 Statement of the Problem .......................................................................................... 2
1.2 Objectives of the Study ............................................................................................. 3
1.3 Research Questions ................................................................................................... 3
1.4 Scope of the Study..................................................................................................... 4
1.5 Significance of the Study .......................................................................................... 4
1.6 Research Methodology.............................................................................................. 5
1.7 Ethical Considerations............................................................................................. 10
1.8 Literature Review .................................................................................................... 10
1.9 Summary of Chapter ............................................................................................... 13
CHAPTER TWO ............................................................................................................ 14
CONCEPTUAL FRAMEWORK .................................................................................. 14
2.0 Introduction to the Chapter ..................................................................................... 14
2.1 Definition of Land and Its Importance .................................................................... 15
2.2 Categories of Land in Tanzania .............................................................................. 18
2.3 Concept of Land Policy ........................................................................................... 19
2.4 National Land Policy of 1995 ................................................................................. 20
v
2.5 Implementation of the National Land Policy .......................................................... 21
2.6 Ways of Accessing Land ......................................................................................... 24
2.7 Equitable Land Distribution and Access ................................................................. 29
2.8 Land Distribution and Access in Some African Countries ..................................... 31
2.9 Summary of Chapter ............................................................................................... 32
CHAPTER THREE ........................................................................................................ 34
EQUITABLE DISTRIBUTION OF AND ACCESS TO LAND IN MBEYA CITY 34
3.0 Introduction to the Chapter ..................................................................................... 34
3.1 Mbeya City .............................................................................................................. 34
3.3 Description of Isyesye ............................................................................................. 41
3.4 Implementation of the National Land Policy of 1995 ............................................. 43
3.5 Equitable Distribution of and Access to Land ........................................................ 51
3.6 Factors Hindering Equitable Distribution of and Access to Land .......................... 52
3.7 Government Efforts towards Implementing the NLP 1995 .................................... 53
3.8 Advantages of Equitable Distribution of and Access to Land ................................ 54
3.9 Summary of Chapter ............................................................................................... 54
CHAPTER FOUR ........................................................................................................... 56
SUMMARY OF FINDINGS, RECOMMENDATIONS AND GENERAL
CONCLUSION ............................................................................................................... 56
4.0 Introduction to the Chapter ..................................................................................... 56
4.1 Summary of Findings .............................................................................................. 56
4.2 Recommendations ................................................................................................... 59
4.3 General Conclusion ................................................................................................. 61
REFERENCES ................................................................................................................ 63
LIST OF STATUTES ..................................................................................................... 68
vi
LIST OF FIGURES
vii
LIST OF TABLES
TABLE 3.2 PEOPLE’S AWARENESS ON THE NATIONAL LAND POLICY OF 1995 ................... 44
viii
LIST OF ABBREVIATIONS
Etc et cetera
Et al et alia
EU European Union
Ibid Ibidem
ix
URT United Republic of Tanzania
x
LIST OF PLATES
xi
LIST OF APPENDICES
xii
CHAPTER ONE
RESEARCH PROBLEM
Access to land takes into account the process by which people, whether individually or
collectively, gain rights and opportunities to occupy and use land (primarily for
productive purposes together with other economic and social purposes), it can be on
either temporary or permanent basis (Cotula, et al., 2006). Access to land issues in
Tanzania has roots from the NLP 1995 whereby the NLP raised from Commission of
inquiry process held between 1991 and 1993 (Wily, 2003).
In the 1990s, Tanzania experienced problems in the land sector such as conflicts between
granted right and customary right of occupancy, shortfalls that rose from villagization
programme (operation vijiji), persisting land disputes including land use and land
ownership conflicts, land speculation by rich people, over control of land by the state and
inadequate compensations. The presidential commission was formulated to address such
land problems (Tenga & Mramba, 2008).
The National Land Policy was established basing on the commission’s recommendations
in 1995 and its general objective was to promote and ensure secure land tenure system,
encourage the optimal use of land resource and facilitate broad-based socio-economic
development without affecting the environment. Also the policy came with the specific
objectives such as to promote an equitable distribution of and access to land by all
1
citizens, to ensure the existing rights in land are recognized, clarified and secured in law
and to set ceilings on land ownership which later be translated into statutory ceilings to
prevent or avoid the phenomenon of land concentration (i.e. grabbing).
It also intended to ensure that land is put to its most productive use to promote rapid
social and economic development of the country, to modify and streamline the existing
land management systems and improve efficiency of land delivery systems, to streamline
the institutional arrangements in land administration and land dispute adjudication and
also make them more transparent, promote sound land information management and to
protect land resources from degradation for sustainable development.
From the objectives of the National Land Policy of 1995, achieving the equitable
distribution of land was among the policy targets. The NLP provides for distribution of
land through providing an equal chance of being allocated land regardless of the age, sex,
race, etc. According to USAID (2010), in Tanzania, the access to land is constrained by
the lack of knowledge of the laws among land stakeholders.
However, lack of knowledge of the laws among women, men, local leaders and local
authorities in Mbeya City brings an obstacle towards attaining equal access to both un-
surveyed and surveyed land. The preliminary study conducted by the researcher
witnessed the obstacles towards equitable distribution of and access to land in Mbeya
City, these includes segregation in inheriting land because of unfavourable traditional
customs and claims for presence of favourtism during land allocation by local authority.
2
There are problems with NLP in Isyesye ward especially in distribution and access issues
since the area experiences the problems in land allocation and land occupation.Therefore,
this research intends to explore the extent to which equitable distribution of and access to
land has been implemented to control land grabbing and speculation.
To examine how the equitable distribution of and access to land has been achieved in the
Mbeya City as suggested by the National Land Policy of 1995.
i. To assess the extent to which equitable distribution of and access to land have
been attained in Mbeya City.
ii. To explore the government efforts towards ensuring the equitable distribution of
and access to land.
iii. To investigate the factors hindering the equitable distribution of and access to
land.
iv. To test the awareness of people on NLP, land laws and its implementation.
i. How much has equitable distribution of and access to land been achieved in
Mbeya City?
ii. To what extent is the equitable distribution of land attained?
iii. Which government efforts have been exercised to ensure equitable distribution of
and access to land is implemented?
iv. What are the factors hindering equitable distribution of and access both to
surveyed and un-surveyed land?
v. How many people are aware of NLP, land laws with its implementation?
3
1.4 Scope of the Study
Conceptual scope; the study focused on how the National Land Policy of 1995 can be
implemented whereby the case of equitable distribution of and access to land in Mbeya
City was examined. NLP of 1995 is among the government policies that aim to regulate
land activities since land is a major resource.
Geographical scope; Isyesye ward was taken as a study area to evaluate if an equitable
land distribution has been observed during the process of accessing land by the citizens as
suggested by the NLP of 1995. Isyesye is among the administrative wards of Mbeya City
council and it was studied to evaluate the issues of equitable distribution of and access to
land among the land owners through different means to acquire land.
To the government; the government will benefit from this research through realizing an
extent to which the National Land Policy of 1995 has been implemented especially in the
objective of equitable distribution of and access to land. The findings will help the
government to create more appropriate strategies that can reduce segregation in owning,
using and transferring land among its citizens.
To the public; the public will be in positions to know the extent to which members of the
society are able to access both urban surveyed and un-surveyed land without being
segregated by any reasons. People access to land is done through different ways such as
leasing, purchasing, inheritance, etc. The public can understand how different means to
access land can avoid segregation in access to land and ensure equitable distribution of
land as suggested by the NLP 1995.
4
To academicians; the study on the implementation of the National Land Policy in Mbeya
City, focusing on the case of equitable distribution of and access to land by all citizens
will be helpful to students in universities, colleges and institutes who are pursuing their
studies in land management. These academicians will understand ways in which a
national land policy can be put into implementation and achieve the intended objectives.
The research design is a plan to conduct research (Creswell, 2009). There are two basic
approaches to research study and these include the qualitative research approach and
quantitative research approach1. Qualitative research is a means for exploring and
understanding phenomena from individuals or group of individuals whereby a
phenomenon is linked to human behavior and data are collected in participant's setting.
Qualitative research methods are such as a case study, grounded theory, phenomenology,
ethnography and discourse analysis. On the other hand, quantitative research is a means
for testing objective theories by examining the relationship among variables. The mixed
method approach employs both quantitative and qualitative approaches2.
This research employed the mixed approach of research whereby two research methods
were used to solve the problem; these included the case study and survey research
methods. A case study in this research was helpful in studying the equal distribution of
and access to land in urban surveyed and un-surveyed land. The survey method was
helpful during the collection of numeric data from the population using a sample;
therefore it helped to collect the information from the residents Mbeya City area.
1
Kothari & Guaravop.cit
2
Creswellop.cit
5
1.6.2 Unit of Analysis
The research was conducted within Mbeya City area whereby the population was the land
owners within Mbeya City. Isyesye ward was used as a study area to represent the land
owners within Mbeya City. The ward represents the whole City area since it is among the
36 wards of the City and it contains similar socio-economic characteristics if compared to
the remaining wards. The ward comprises of more than 10,800 total populations up to
2015 whereby the household’s size is 4.73.
A sample can be defined as the finite part of a certain population whose properties are
studied to gain information that will be generated to the whole4. Sampling is the process
which involves selection of any part of an aggregate on the basis of which generalization
is made5.
Sampling occurs in three categories which are random/probability sampling designs, non-
random/non probability sampling designs and mixed sampling designs. Random
sampling is categorized into simple random sampling, stratified random sampling and
cluster sampling. Non probability sampling includes quota sampling and mixed sampling
(Kumar, 2005).
The study on the implementation of the National Land Policy of 1995 in Mbeya City
focusing on the equitable distribution of land used purposive sampling whereby 52
respondents were selected from Isyesye ward, 50 of them were the land owners while
1respondet was the WEO and one last respondent was the official from the Mbeya City
council. Isyesye ward represents Mbeya City in the way that it is among the population
(administrative wards) of Mbeya City whose socio-economic characteristics seem to
similar.
3
Population and Housing Census, 2012
4
Creswell op.cit
5
Kothari & Guarav op.cit
6
Table 1.1: Data collection matrix
Total Respondents 52
Source: Researcher’s Compilation (2016)
In the quantitative approach of research, the methods to collect data are such as
experiments and surveys. On the other side, he qualitative research approach intends to
collect non-measurable information for instance attitudes, behaviours and perceptions6.
Data collected will depend on whether they are primary or secondary data. Primary data
are original and collected through observation method, interview method, questionnaires
method and schedules. Secondary data are the one which are already available in various
publications of the central, state or local government, publications of international and
local bodies, technical and trade journals, books magazines and news papers, reports, as
well as public documents, statistics and historical documents (Kothari & Guarav, 2014).
Secondary data can be termed as data that have been collected for another project and
have already been published (Mlowe, 2012).
This research collected both primary and secondary data. Both the interview method and
questionnaire method was helpful in gathering primary and original data while secondary
data was collected from various publications through documentary review from books,
reports, articles, papers, websites, policies documents, published government statistics
and journals.
6
Creswell op.cit
7
a) Interviews
The study involved collecting data by contacting the respondents face to face and
interacting with them through interview questions. Interview questions were prepared to
gather information from Mbeya City land office and from Isyesye Ward Executive
Officer. Questions based on the research problem and objectives to be covered by the
study. Interviews were administered through interview guide by interrupting the
respondents when he or she went out of the scope of the research and posing the follow-
up questions.
b) Questionnaires
These were the set of questions that were structured to gather information from selected
respondents in the study area. Questionnaires were used to collect data from a sample of
50 respondents who included the land owners from Isyesye ward area. Questions
structured consisted of multiple choices and other needed short answers to be filled by the
respondent. Questionnaires were administered through face to face approach because the
questions will be delivered directly to the respondents.
c) Documents review
In this method, the information was collected as a secondary source through different
published and unpublished materials. Different books, articles, reports, speech, papers
and other relevant literature on the topic of land distribution and access was used in order
to study what they wrote about. These literature also were important when establishing a
research gap between what the former researchers did and what this research has covered.
8
used to check and confirm the results before drawing the conclusion to produce scientific
results.
a. Data Analysis
Before analyzing data they must be prepared (since they are still raw) for analysis. The
preparation process involves various steps such as questionnaire checking, editing,
coding, classification, tabulations, graphical representation, data cleaning and data
adjusting (Kothari & Guarav, 2014).
Quantitative analysis of quantitative data involves the use of descriptive statistics with
two stages such as descriptive stage and data reduction in order to compute reading
comprehension and reading vocabulary scores and finally comparing them to the
normative data. The qualitative data analysis, on the other hand is subjected to a thematic
analysis since they deal with unquantifiable data. However, qualitative themes can be
quantified where themes scores are assigned and a number of responses may be counted
(Onwuegbuzie & Combs, 2013).
Qualitative data have been analysed inductively through text whereby Microsoft office
word was used. It involved categorizing themes according to where they relate to the
research objectives and building relationship. Quantitative data on the other hand was
analysed using content analysis whereby statistical computations was employed in
determining total figures, average scores and percentage scores; this was easily
simplified using Microsoft excel.
7
(Ibid)
9
b. Data Presentation
Data can be presented through a text in a table, or pictorially as a diagram, graphs and
charts. Any method among these can be appropriate to express and present research
information to a potential reader8. Data have been presented through different processed
texts, charts, figures, maps, tables and plates depending on the data collected.
Ethical issues were considered in every aspect of this research. The aspects are such as
problem identification, authorship, data collection, data presentation and literature
review. During the formulation of the research problem the study considered the benefits
of the study to the respondents, in literature review the study tried to avoid plagiarism by
acknowledging the original authors, during data collection the study avoided harming the
respondents psychologically, physically, mentally or financially and in data reporting and
presentation only response rate was involved in data analysis.
A literature review is a text of a scholarly paper, which includes the current knowledge,
including substantive findings, as well as theoretical and methodological contributions to
a particular topic (Writing Center at UNC-Chapel Hill, 2014). Literature reviews discuss
published information concerning a given topic. They are generally secondary sources,
hence they don’t present new work or original experimental work done by researcher 9.
8
Statistical Services Centre, 2000. Informaive Presentation of Tables, Graphs and Statistics, The
University of Reading Statistical Services Centre.
9
Ibid
10
Different materials have been reviewed in this research in order to gain understanding of
what is land, land policy and equitable land distribution.
Land in this research is defined according to the section 2 of the Land Act No. 4 of 1999
of the United Republic of Tanzania to mean “the surface of the earth and the earth below
the surface and all substances other than minerals and petroleum forming part of or
below the surface, things naturally growing on the land, buildings and other structures
permanently affixed to land”. Since the study is held in Tanzanian context also the land
meaning will be according to the legal definition of land by Tanzania government laws.
Shivji (1994) defined a National Land Policy as a policy which informs the rules of land
tenure and land use. This definition shows that a land policy generally covers tenure
arrangement to landholders and aims to make supervision on land uses for various
purposes. The land policy is important because it helps in solving land related problems
such as land grabbing, land disputes, recognition of customary land rights, encroachment
of agricultural land due to urban expansion, lack of land information system and land
speculation
FAO (2016) explained about a land policy to mean the decisions and actions of
policymakers with regard to the use of land. It is concerned with the efficient allocation
of land uses in a given area regardless of being rural or urban land whereby each plot of
land should be employed to its highest and best use. A land policy aims to achieve
certain objectives relating to the security and distribution of land rights, land use and land
management, and access to land, including the forms of tenure under which it is held.
The author further provides that a land policy covers different areas of land management
such as a country’s system of land cadastre and land registers; legislation on private and
common property relations; regulatory control of land uses through spatial planning and
environmental law; permit requirements with respect to building houses or sitting
hazardous facilities; land taxes; interventions with regard to housing, farming, and other
land uses; and collective action with regard to natural resource management.
11
Silayo, Molen and Tuladhar (2008) showed that all National Land Policies address the
land problems faced by particular countries. It should provide guidance on land tenure,
land administration, management of resources, land markets, disputes settlement,
population growth, pressure on land resources, migrant population, informal settlements,
lack of tenure security and food insecurity.
Mearns (1999) argued that access to land is highly linked to poverty situation in the
economy of the country. The more equitable distribution of the operational holdings
creates more equitable patterns of demand that enhance the growth in the rural non farm
sector. It also reduces the bias in credit accessing and marketing opportunities.
Cotula (2006) explained that land reform that results in equitable land distribution is
helpful and fundamental in creating the foundation for the sustainable economic
development of the nation. Access to land resources by many people in the society
facilitates an access to major means of production hence creating more chance for
individual and national economic growth.
It is estimated that up to 63 million hectares have been allotted in land deals, or are under
negotiation in 27 countries in Africa. Other challenges of land governance include
corruption, inefficient land administration, and low capacity and demand for land
administration professionals.
Secure land rights are necessary for climate-smart agriculture, providing incentives for
local communities to manage land more sustainably. Customary land rights and gender
equality need to be recognized. Women as the primary subsistence producers are all too
often locked out of land ownership by customary laws. Fast, effective, and low-cost
12
approaches involving the use of satellite images, global position systems, and
computerized data management technologies to access, register, and administer land
rights are needed10.Therefore a success towards equitable access to land land ownership
brings a way towards land conservation.
10
Ibid
13
CHAPTER TWO
CONCEPTUAL FRAMEWORK
Figure 2.1 above summarizes the access to land genesis in Tanzania. In the 1990s, the
country faced by the problems in the land sector which included land grabbing. The
presence of land grabbing in land sector necessitated drafting of the National Land Policy
so that it could be controlled. Later on, in 1995 the NLP was formulated and it addressed
the issue of equitable distribution of and access to land so that access to land by all
society groups can be fostered.
14
2.1 Definition of Land and Its Importance
Land can be defined in different ways and perspectives. It is an important resource to
human life. Below are various definitions of land depending on a given context together
with its importance.
Land in general usage and to a layman can be understood as an area of the earth’s solid
surface that is owned by someone or a portion of the earth’s solid surface which is
distinguished by boundaries or ownership.
In economics discipline, the land has been defined to mean all natural occurring
resources whose supply is limited hence they have a general characteristic of being scarce
or fixed in quantity. Examples of land in this perspective include vital or precious mineral
deposits in the soil, forest resources, atmospheric quality and geostationary orbits. The
land is considered as any fixed resource that can be used in a production of goods for
human use. Classical economists further explain that land is among the four factors of
production and it is original and indestructible powers of soil (Fisher, 1987).
Other economists define land as nature, living and lifeless. It means all resources that
human gets free from nature. As a factor of production, land has peculiarities which
include; land is a gift of nature, land is fixed in size thus it cannot be created, land cannot
be destroyed and it lacks mobility.
Land may also be defined by land economists; in this case, land means any resource that
cannot be moved from its current site (Kooten, 2011). Therefore land should at least
being not capable of being moved without incurring a prohibitive cost that may be
infinite. From this land meaning, land resources comprise of agricultural land, forest land,
residential commercial and industrial land, recreational land water bodies such as lakes
and rivers, the waste land ( garbage dumps and hazardous waste sites) , and historical
sites and national monuments.
15
In legal aspect land means anything attached to it. The concept comes from the latin
maxim stating Quicquid Plantatur Solosolo Cedit11. Quicquid Plantatur Solo, Solo Cedit
is a Latin maxim which means whatever is affixed to the ground belongs to the ground.
From this translation, land tends to include both tangible and intangible things technically
being known as corporeal and incorporeal hereditaments.
According to the maxim, loose bricks are considered as chattels or movable or personal
property. Loose bricks do not form part of the land; however, if loose bricks are
cemented together and used to erect a house, the bricks become part of the land and get
converted to real property. Chattels which get converted to real property by operation of
the maxim are called fixtures12. Generally, land rights involve the interests in land which
can either be superior or inferior. Things that are permanently attached to land may
include forest resources, water bodies, improvements to land such as houses, minerals,
etc
Vitez (2009) defined land to mean an economic resource which comprises of natural
resources found within a country’s economy. Examples of such resources are such as
timber and associated products, soil, fish products, farms and any other natural resources.
The land is usually a limited resource for many economies because its supply is fixed, no
one can create land. Although some natural resources, such as timber, food and animals,
are renewable, the physical land is usually a fixed resource.
In Tanzania context, land is defined under the section 2 of the land Act number 4 of 1999
to mean the “surface of the earth and the earth below the surface and all substances
other than minerals and petroleum forming part of or below the surface, things naturally
growing on the land, buildings and other structures permanently affixed to land”. From
this definition, anything attached to land permanently is regarded as land but it excludes
petroleum and mineral resources which are controlled under the mining laws of the
United Republic of Tanzania.
11
Tenga, W. & Mramba, S., 2008. Manual for Land law and Conveyancing in Tanzania. Dar es salaam
12
Ibid
16
2.1.2 Significance of Land
Generally, land policies were developed as part of national development plans. This trend
of land reforms was based on state interventionism and included: an expropriation of
former colonial lands; land redistribution in favour of poor landless peasants and
establishment of ceilings on maximum land ownership13.
According to Stilwell and Jordan (2004) land is regarded as basic for all economic
resources and it is a base for economic development. Land is important as it is used for
different purposes such as; agricultural purposes that are an integral to the production of
the means for subsistence, shaping how effectively cities function and who gets the
principal benefits from urban economic growth, its ownership determines the degree of
economic inequality and also housing issues are highly related to land ownership status.
Land as a factor of production is of immense importance in human life. The land is the
original sources of all material wealth. The economic prosperity of a country is closely
linked with the richness of her natural resources including the land resource. The quality
and quantity of agricultural wealth a country or any economic sector depends on nature of
the soil, climate, and rainfall. All these components form part of the land resource.
13
Ibid
17
importance of land is therefore too much as it is influencing finally the standard of living
of the people14.
There are three categories of land for the purpose of management according to the section
5 subsection 4 of the land Act number 4 of 1999; these are General land, reserved land
and village land.
a) General Land
Under the section 2 of the land Act number 4 of 1999, general land" means all public
land which is not reserved land or village land includes un-occupied or unused village
land. According to Lovells (2016), the general land in Tanzania is managed under the
Land Act of 1999; a person who wants to occupy land can apply to the respective
authority such as city council, municipal council, district council or town council. Later
on, he or she will be issued with the granted right of occupancy for the term between 33
and 99 years under the given conditions.
b) Village Land
Village land according to section 2 of the Land Act number 4 of 1999 means the land
declared to be village land under and in accordance with section. 4 of this Act and
includes any transfer land transferred to a village.
According to Lovells (2016) the village land is governed by the village land Act No.5 of
1999. The Act recognizes the rights in land to villagers under the customary law. Village
land can include the communal land and the land that has been individualized. Villages
have rights to the land that their residents have traditionally used and that are considered
within the ambit of village land under customary principles, including grazing land,
fallow land and unoccupied land.
14
http://agriinfo.in/?page=topic&superid=9&topicid=194
18
According to Hayuma (2006) Village lands are all lands that fall under the jurisdiction of
existing registered 10,832 villages in the country which constitutes nearly 70% of all
lands in Tanzania.
c) Reserved Land
Reserved land as defined under section 2 of the Land Act number 4 of 1999 means land
referred to in section 6 of this Act. According to Hayuma (2006) reserved lands are such
as forest areas and wild life areas and they constitute about 28% of all lands in Tanzania.
According to TIC, reserved land includes areas reserved for forestry, national parks or
public recreation grounds15.
According to EU Task Force on land Tenure (2004) land policy can be defined as
framework that aims to achieve certain objectives which will ensure the security and
distribution of land rights, land use and land management at large, it also aims to increase
access to land by majority in the community given through clear forms of tenure under
which it is held. A land policy should define the principles and rules governing property
rights over land and the natural resources it bears as well as the legal methods of access
and use, and validation and transfer of these rights.
It details the conditions under which land use and development can take place, its
administration, that is, how the rules and procedures are defined and put into practice, the
15
http://www.tic.co.tz/menu/274?l=en
19
means by which these rights are ratified and administered, and how information about
land holdings is managed. It also specifies the structures in charge of implementing
legislation, land management and arbitration of conflicts.
Land policy is contained in texts issued by governments, and is further developed through
legislation, decrees, rules and regulations governing the operation of institutions
established for the purposes of land administration, the management of land rights, and
land use planning. To be effective, land policy must propose a practical and coherent set
of rules, institutions, and tools, which are considered both legitimate and legal, and are
appropriate for different context and interest groups.
According to Tenga & Mramba (2008), the National Land Policy of 1995 in Tanzania
originated in the liberalization error in the 1990s. The liberalization error aimed to create
a friendly environment that will facilitate the free market and which will encourage
investors both foreign and local ones. Due to land tenure problems in the country a
presidential commission was formed in order to scrutinize land issues and suggests
recommendations as the way forward. The presidential commission identified the
problems which were facing the land sector, these were such as conflicts between granted
right and customary right of occupancy, shortfalls that rose from villagization
programme, persisting land disputes, land speculation, over control of land by the state
and inadequate compensations.
Later on, the commission proposed recommendations which will address the problems in
the land sector. The suggestions were such as to diversify radical title in order to remove
monopoly power of the state over land hence land was proposed to be governed by the
Board of commissioners in trust for the use and benefit of all Tanzanians.
The Presidential commission also suggested that land should be constitutional category
because it is an important resource and when it was to be acquired it should pass through
due process of the law, the National land Commission was to be politically accountable
to the National Assembly (political trust) and it was also to be legally accountable to the
people of Tanzania, the village lands were to be under the respective village assemblies
20
in trust for the use and benefit of the villagers and it was inalienable to outsiders and
finally to the national lands two forms of tenure were suggested, that is the customary
right of occupancy for village lands and granted right of occupancy for urban and semi
urban lands.
The government accepted some recommendations while others were rejected. For
instance land being constitutional category and diversification of the radical title were
rejected. Also, the village land to be vested under Village Councils instead of Village
Assemblies was recommended, the principal land officer is the Commissioner for land
and not the National Land Commission and Board of Land Commissioners. Presidential
commission’s report formed the basis for the formulation of the National Land Policy
(1995) which aims to solve problems that arises from land sector in the country.
According to Sundet (2004), Tanzania received the National Land Policy in June 1995.
The general objective of the land policy was to promote and ensure secure land tenure
system, encourage the optimal use of land resource and facilitate broad-based socio-
economic development without affecting the environment. Also the policy was to address
the specific objectives such as to promote an equitable distribution of and access to land
by all citizens, to ensure the existing rights in land are recognized, clarified and secured
in law and to set ceilings on land ownership which later be translated into statutory
ceilings to prevent or avoid the phenomenon of land concentration (i.e. grabbing).
It also intended to ensure that land is put into its most productive use to promote rapid
social and economic development of the country, to modify and streamline the existing
land management systems and improve efficiency of land delivery systems, to streamline
the institutional arrangements in land administration and land dispute adjudication and
also make them more transparent, promote sound land information management and to
protect land resources from degradation for sustainable development.
21
Example the national land policy of 1995 in Tanzania has been implemented to a certain
extent through enacting the land Act number 4 of 1995 and the Village Land Act number
5 of 1999. The land policy also has been implemented through Strategic Plan for
Implementation of New Land Laws (SPILL I and SPILL II).
This Act was enacted by the parliament of the United Republic of Tanzania in 1999 to
administer both general and reserved land. This land Act provides for fundamental
principles of the land policy, Classification and tenure of land, land administration
structure, Rights and incidence of land occupancy, administration of granted rights of
occupancy, conversion of interests in land and sale of right of occupancy. According to
Sundet (2004), generally the land Act provides guides on the following;
The oncentration of powers in the Ministry; Arguably, the Land Act settled all previous
conflicts between the Ministry of Lands and Local Authorities firmly and unambiguously
in favour of the Ministry. The Act clearly states that only the Ministry, through the
Commissioner of Lands, has the authority to issue Grants of Occupancy (Section 14).
The provisions for a market in the land; for a holder of a Granted Right of Occupancy
wishing to sell, there is still less evidence of anything approximating an open land
market. Generally, the Act provides that: “Unless otherwise provided for by this Act or
regulations under this Act, a disposition of a right of occupancy shall not require the
consent of the Commissioner or an authorized officer” (Section 36 (2)).
Women’s rights to land; Land Act states as one of its fundamental principles that: The
right of every woman to acquire, hold, use, and deal with, land shall to the same extent
and subject to the same restrictions be treated as a right of any man (Section 3 (2)).
22
Conflict resolution; Section 167 is the only one in the Land Act dealing with dispute
settlement, and it does no more than define which courts have jurisdiction of land cases.
These are in descending order, the Court of Appeal, the Land Division of the High Court,
the District Land and Housing Tribunals, the Ward Tribunals and the Village Land
Councils.
All these facts help to solve the problems in land which pre existed in 1990s and were
identified by the National land policy of 1995.
Before the Presidential Commission of Inquiry into Land Matters and the national land
policy of 1995, it was recognized that one of the main weaknesses of customary rights
against granted rights is that the former are not formally documented. Both the
Presidential Land Commission and the National Land Policy recognized that formal
registration of the customary rights is much needed. The problem, of course, lies in the
way in which registration is brought about, what will be the privileges and limitations of
the registered rights and how the rights will be administered.
The procedure the Village Act lays down for registration and issuing of Certificates of
Customary Right of Occupancy bears a striking similarity with the procedure for issuing
Granted Rights of Occupancy. Therefore the village land Act has implemented the
National Land Policy through solving the former problem of non recognition of
customary land rights.
Conflict resolution
The Village Land Act under section 60 also makes special provisions for the
establishment of a Village Land Council in order to mediate between and assist parties to
arrive at a mutually acceptable resolution on any matters concerning village land.
23
iii. SPILL
According to Hayuma (2006), SPILL is the Strategic Plan for Implementation of the New
Land Laws. The Preparation of Strategic Plan for Implementation of New Land Laws
(SPILL) 1999 was completed in April, 2005 by the Consultants, engaged by the Ministry
of Lands with the financial support of the European Commission. SPILL aimed to
implement the new land laws that have been enacted to solve problems in the land sector
which were formerly addressed by the National Land Policy of 1995.
The tools for implementing the National Land Policy are accessible through different
approaches. The NLP can be implemented through participatory approach whereby all
citizens in the given locality are invoved and also a top down approach may be used, this
is done specifically by the government itself. Therefore the tools for implementing NLP
may be accessible through the government both local and central government and
through people’s participation.
Acquisition of land rights may differ from one culture to another or from one country to
another country. Land can be acquired through means such as informal sale which is
common to many African societies where land markets are not well developed since land
parcels are unregistered, allocation by authority especially for surveyed land, leasing and
transfer from relative (Asperen, 2014). There are several ways through which a person or
corporate body can acquire land, they include the following ways; by cultivation, by
purchasing, by inheriting and as a gift (Tenga & Mramba, 2008). The following are
clarification of some of the common ways to access land;
In this method, one can acquire land by cultivating it frequently for a certain period of
time. The local people can access the commons land by cultivating the empty vacant land
(Yanagisawa, 2015). Land can be acquired through clearing virgin lands or forests; this
has been a practice for sometimes in Mozambique (Wanyeki, 2003). Farmers cultivate
different crops on land; they may be annual crops such as maize, rice, millet etc or
24
perennial crops such as tea, coffee, cotton, etc. Cultivation of land for a long time by a
single peasant/farmer results into the legal rights for particular person to occupy
particular land.
Land can be acquired through exchange of rights in land to the market between willing
buyer and willing seller. Land markets facilitate land acquisition among people in the
country. People who are willing to dispose their land, they use real estate agents or by
themselves they transfer interests in land so that they can gain profit. Generally, land
markets bring together different stakeholders in land who intends to conducts transactions
in land.
Land purchasing in African societies may help an acquisition of freehold rights in land
especially if native areas are involved (Pallotti & Tornimbeni, 2016). In attempting the
promotion of land rights to indigenous people in Africa after independence of Africans,
africanisation of land ownership was emphasized in Kenya to increase people’s
participation in food production. Access to land by Africans was facilitated by land
purchase to transfer land rights (Kanji & Braga, 2012). Therefore purchasing land enables
someone to access land.
An estate in land can be transferred from can be transferred from one generation to
another generation. One can acquire land from his relative being his father, mother or
otherwise. In most African societies, land is inherited from one person to another within
the same clan or family.
Inheritance is recognized as way to access land under customary law whose tenure in
most cases applies in villages. The death of the land owner brings a chance to the next of
kin to occupy the land left by his or her ancestor.
25
inheritance of family land. As time goes, the reference was made to the inheritance law
enacted in 1999 and it gives all legitimate children under civil law opportunity to inherit
property equally without any discrimination between men children and female children.
Central and local government’s authority can allocate land through the land allocation
committee. On the other hand, the allocation authority can be the chief, villager headman
or chairperson. In most cases, the land allocation by the respective authority is
accompanied by some restrictions. The restrictions include the terms and conditions
under which the allocated land can be held by the land occupier.
In Tanzania, government land allocation is conducted after passing into the legal
procedures. First, the land is acquired from the former owners whereby compensation is
paid depending on the land value. Second, the planning department plans the layout of
the area as the proposal to the new town plan. The surveying department then tends to
implement the plan by showing demarcations on site. After surveying the plots are
allocated to applicants through land form number 19 or allocation by the government
allocation committee.
This method involves cutting down of the vacant areas and occupying them. The one
who becomes first to clear and settle on the land is given priority in determining instances
of ownership. Essentially the clearing of virgin forest is a crucial way of acquiring some
form of permanent rights over land. Even grants were dependent on the cultivation of
permanent crops or the construction of structures with a high degree of attachment to the
soil before permanent rights could evolve.
The clearing of forests is also means to access land as judged in the case of Silanga
Kimenanga versus Mevongori Mosoni (Tenga & Mramba, 2008). In this case, it was
stated that under local customary law land belonged to the first person who, actually
cleared it unless he had abandoned his rights thereto completely.
26
2.6.6 Access to land through Deed of Gift
Customary law recognizes granting of land as a gift among people subject to certain
formalities, (Tenga & Mramba, 2008). The gift of land may be treated as a gift for a
limited or unlimited interest unless there is evidence of compliance with the three
formalities necessary to establish an outright gift. This way involves a transfer of interests
in land from one person to another person through his or her own will. Usually it does not
involve any payments for exchange since in most cases it involves exchange of land
rights between closely related people such as relatives.
Once a virgin land is accessed for farming, the land owner (family) cannot be evicted
from particular land instead it can be passed to family heirs as gift (Delville, 2001). In
West African societies access to land for a new comer in the respective area was
previously allocated or granted by the gift of uncleared forest16.
According to (Tenga and Mramba, 2008), land can be acquired as a gift as substantiated
in the case of Herbert Rugizibwa s/o Ruhorana vs. Mushumbusi s/o Mavesi on Haya law,
the appellant claimed the return of a piece of land given by his father around 1906 to an
ancestor of the infant defendant. The Appellant alleged that the gift was not an outright
gift but only of limited interest in the land and therefore recoverable. The evidence,
which was accepted by the Court, of formalities necessary to pass absolute title by gift
was set out in the judgment.
The judgment was that, it is clear that the presumption is that a gift of land in the
circumstances of this case must be treated as a gift for a limited interest only unless there
is evidence of compliance with the three formalities necessary to establish an outright
gift. These formalities were: - (a) the giving of buhaisa by the donee to the donor; (b) the
sharing in the buhaisa by someone who witnessed the giving thereof; and (c) the showing
16
International Institute for Environment and Development (2006), Changes in access to land in west
Africa: Markets, Social Mediations and Public policies
27
of the boundaries of the land by the donor to the done17. Therefore, compliance with
formalities makes it legal for the transfer of interests in land.
The TIC will, in turn, grant derivative rights to foreign investors owning foreign
companies (German, et al., 2011), (Dietz, et al., 2014). The Act does not restrict other
forms of acquisition of land rights by non-citizen such as purchases from the government
through auctions or tenders or from the (PSRC) in the process of privatization of public
enterprises. Therefore land cannot be accessed by the non-citizen in Tanzania unless it is
for investment purposes only as derivative rights in land.
Access to land by foreign investors must be accompanied with the fulfillment of several
requirements at the TIC. In the beginning process, a certificate of incentives is prepared
after meeting the TIC requirements of investing at least $ 100,000 for projects which are
wholly owned by Tanzanians and $ 300,000 for projects owned by foreign investors or
joint venture (Sulle & Nelson, 2009).
Generally the steps involved are such as; first, the investor should introduce the business
idea to TIC where the business is registered and investment capital is verified, TIC then
provides the certificate of incentives. Second, the investor is required to visit district
where there is an appropriate quantity and type of land in order to carry out formal land
17
Ibid
28
survey. Third, the surveyed land is registered at the MLHHSD. Four, the investor’s
agricultural project is registered and approved by the Ministry of Agriculture. Finally, the
investor applies for a derivative right of occupancy from TIC18.
The term distribution in economic terms means spreading the product throughout large
place so that many customers can access21. The term distribution on its basic level refers
to the allocation or division of something between multiple persons or entities
(Nollkaemper & Jacobs, 2015). Land distribution can therefore be defined to mean the
allocation of land resource among citizens in the country. It can be done by the
government, by market forces of demand and supply, or by traditional ways.
18
Ibid
19
http://dictionary.cambridge.org/dictionary/english/access
20
http://www.dictionary.com/browse/access
21
http://economictimes.indiatimes.com/definition/distribution
29
In order to maintain equitable access, individual should participate in any decision-
making process related to conservation, management and sustainable use of those
resources which they are concerned about. Equitable access can be realized only after
acquiring access to decision-making process, information and justice22.
Zagem (2011) explained that access to land seems to be critical for small scale food
producers in an economy. Landless may occur if there is lack of access to land which
may be associated with losing the opportunities for development. Poverty reduction and
human rights can be hindered by land grabbing that may accelerate land inaccessibility.
Therefore secure access to land ownership is associated with reductions of poverty in the
economy both in micro and macro levels. The evidence shows that the countries that
attained more equitable distribution of land achieved more growth rates of welfare than
the countries without equitable distribution of land23.
According to Reddy (2009), there is a link between access to land, land markets and
poverty. Barriers to access land in a country depend highly on equitable land distribution
which in turn affects country’s economic performance. Rights on land are closely
determined by the access to land resources, more equal access to land provides equal
rights over land use, ownership and transfer (bundle of rights).
According to Boyce, Rosset and Stanton (2005), an access to land can be the cornerstone
for sustainable rural development. The land is an important asset in most of the economic
activities including agriculture. An easy access to land can make it easy to conduct
activities on it which helps sustain human life. Therefore access to land needs to be
incorporated into any land reform in order to capture its importance.
Land reform can be defined to mean the reallocation of rights to establish a more
equitable distribution of farmland – can be a powerful strategy for promoting both
22
Ibid
23
Ibid
30
economic development and environmental quality. Across the globe, small-scale farmers
consistently tend to grow more output per acre than large farms. At the same time, when
small family farmers hold secure land rights, they tend to be better environmental
stewards, protecting and enhancing soil fertility, water quality, and biodiversity24.
Secure land rights are necessary for climate-smart agriculture, providing incentives for
local communities to manage land more sustainably. Customary land rights and gender
equality need to be recognized. Women as the primary subsistence producers are all too
often locked out of land ownership by customary laws. Fast, effective, and low-cost
approaches involving the use of satellite images, global position systems, and
computerized data management technologies to access, register, and administer land
rights are needed25. Therefore a success towards equitable access to land ownership
brings a way towards land conservation.
31
citizens, while also facilitating greater government control over land use and
development and reducing land conflicts.
Systematic adjudication of rights in tribal land must be observed. When land is on the
agenda the society at large is consulted to ensure that they are part of the effort to make
equitable land distribution a reality and ensure that no sector of the population is
rendered landless. In the preparation for adjudication a number of relevant legislation,
policies and related documentation become reviewed to ensure compliance with their
requirements26.
26
Ibid
32
the concept of equitable distribution of and access to land as provided by the national
land policy together with the experience in some African countries.
33
CHAPTER THREE
Mbeya City is the capital of Mbeya region and indeed a business centre for South West
Highlands Regions. It forms the largest urban settlement in Mbeya region. It is situated at
an altitude of 1,700 meters (5,500 ft) and sprawls through a narrow highland valley
surrounded by a bowl of high mountains. In history, the area of Mbeya City composed of
a native tribe known as Safwa. Currently, the area is composed of a high mixture of tribes
due to immigration to the area. These tribes include the Safwa, Nyakyusa, Nyiha, etc all
being agricultural peoples.
Historically Mbeya City area development was influenced by the gold rush of 1905. That
rush which laid a foundation to Mbeya to be recognized as a gold mining town. The main
infrastructures including TAZARA railway line (1860 Kilometers) commissioned in
1975 became an attracting factor to the farming migrants and small entrepreneurs to the
area. Mbeya was previously administered by the British in colonial times as part of the
Southern Highlands Province until 1961 when Mbeya Region was created.
Mbeya City is now a growing metropolis and business centre for the southern regions
such as Rukwa, Ruvuma, Iringa, Njombe and Rukwa together with the bordering
34
countries of Malawi, Zambia and Democratic Republic of Congo. The City is well
connected with an all-weather road that forms part of the Great North Road running from
Cape Town in South Africa to Alexandria in Egypt.
The area is located along 8°30’ latitudes South and 34°00’ longitudes East. Mbeya City
area is located within Mbeya urban district which is among six districts of Mbeya region
in South Western Zone of Tanzania. It is bordered to the North by the Mbeya rural
district, to the South by Ileje district, to the West by Mbozi district and to the East by
Rungwe district. Mbeya City comprises of thirty six wards whereby Isyesye ward is
among them.
3.2.1 Population
According to Population and Housing Census (2012), Mbeya City consists of the total
385,729 people whereby male population is 182,620 and female population is 202,659.
This population is consists of all thirty six (36) wards of Mbeya City such as Sisimba,
35
Iganzo, Isanga, Mwansekwa, Itagano, Itezi, Nsalaga, Igwilo, Iganjo, Uyole, Iduda,
Mwasanga, Tembela, Ilomba, Mwakibete, Ilemi, Isyesye, Ruanda, Iyela, Sinde, Maanga,
Mbalizi road, Forest, Mabatini, Nzovwe, Kalobe, Iyunga, Iwambi, Itende, Iziwa, Nsoho,
Majengo, Ghana, Nonde, Itiji and Maendeleo. The sex ratio is 90 and the total average
household size is 4.2.
The average population growth rate per year is 2.7 % and it has experienced significant
growth in recent years. The age-sex structure generally shows that females are more than
males for more than 98%. Therefore the population structure in Mbeya City comprises
more women and it is pyramid in shape as the young population is high compared to
other age groups. The following figure illustrates the population size in Mbeya City area.
230000
220000
210000
Number of people
200000
190000
Male
Female
Gender
The figure above depicts the total population of Mbeya City in terms of sex composition
in 2012. Male population size is lower than female population size whereby men are
182,620 as projected to 203,156 and women are 202,659 as projected to 225,449 in year
2016.
36
Table 3.1 Population of Mbeya City Council by Sex, Average Household Size and Sex Ratio
S/N WARD TOTAL MALE FEMALE AVERAGE SEX
POPULATION HOUSEHOLD RATIO
SIZE
1 Sisimba 4,574 2,273 2,301 4.2 99
2 Isanga 12,578 6,045 6,533 4.1 93
3 Iganzo 16,035 7,671 8,364 4.3 92
4 Mwansekwa 2,006 977 1,029 4.0 95
5 Itagano 1,948 879 1,069 4.0 82
6 Itezi 20,519 9,605 10,914 4.3 88
7 Nsalaga 21,129 9,984 11,145 4.3 90
8 Igawilo 19,245 8,823 10,422 3.9 85
9 Iganjo 9,675 4,599 5,076 4.1 91
10 Uyole 12,841 5,945 6,896 4.1 86
11 Iduda 4,624 2,159 2,443 4.0 89
12 Mwasanga 1,051 489 562 3.6 87
13 Tembela 2,596 1,263 1,333 4.2 95
14 Ilomba 37,847 17,801 20,046 4.4 89
15 Mwakibete 25,941 12,342 13,600 4.3 91
16 Ilemi 29,859 14,289 15,570 4.7 92
17 Isyesye 8,866 4,074 4,792 3.8 85
18 Ruanda 24,393 11,345 13,048 4.4 87
19 Iyela 35,191 16,880 18,311 3.9 92
20 Sinde 7,803 3,732 4,070 3.9 92
21 Maanga 7,655 3,543 4,112 4.7 86
22 Mbalizi road 6,725 3,691 3,034 4.0 122
23 Forest 7,397 3,378 4,019 4.0 84
24 Mabatini 8,249 3,906 4,343 4.5 90
25 Nzovwe 25,473 12,040 13,433 4.3 90
26 Kalobe 14,663 6,881 7,782 4.3 88
27 Iyunga 16,717 7,996 8,719 4.8 92
28 Iwambi 13,780 6,680 7100 4.6 94
29 Itende 3,882 1,989 1893 4.6 105
30 Iziwa 3,533 1,604 1,929 4.0 83
31 Nsoho 2,024 975 1,049 4.0 93
32 Majengo 3,687 1,739 1,948 3.4 89
33 Ghana 5,434 2,522 2,912 4.1 87
34 Nonde 2,768 1,322 1,446 3.8 91
35 Itiji 4,707 2,198 2,509 4.3 88
36 Mandeleo 3,191 1,496 1,694 3.7 88
Source: Population and Housing Census (PHC), 2012 as projected to 2016 using 2.7% annual growth
rate
The table 3.1 above shows the number of people in a given ward of Mbeya City together
with its average household size and sex ratio.
37
3.2.2 Economic Activities
The area acts as the centre for many districts within Mbeya region, also a centre for
Southern highlands regions together with the neighboring countries, the area supports a
lot of trading activities supported by banking activities where different financial
institutions are situated. They include Bank of Tanzania (BOT), National Microfinance
Bank (NMB), Commercial and Rural development Bank (CRDB), Tanzania Investment
Bank (TIB), National Bank of Commerce (NBC), etc. Different people from different
areas meet to exchange goods and services from different places.
Mbeya City also supports industrial activities most of which being located in Iyunga
industrial area. They include Tanzania Breweries Limited (TBL) industry, Afri Bottlers
Company (Coca-Cola Company) factory for soft drinks, SBC Tanzania ltd (Pepsi Cola
Company), etc
In some areas of the Mbeya City, the residents are practicing urban agriculture in low
land areas and river valleys. Some of the crops which are cultivated are such as
vegetables, tomatoes and cereals such as maize to some areas around the City. All these
contribute to the income of people within the area and provide food.
To some extent the city attracts tourism activities since it has various rock and cave
painting sites. Many of the rock sites are still undocumented by the Antiquities
department. The cooler and mountainous climate in the town tends to attract locals from
other parts of the country and foreigners for the game watching and trout fishing. The
local government has begun trying to widen tourism beyond animal and wild game
viewing, and have invested in producing better maps and developing a local tourist
center.
Mbeya City area is located along the subtropical highland climate that comprises of
humid summers season (August to November) and dry winters season (May to July) in a
year. The area experiences rainfall between December and April months. The general
range of temperature is between −6 °C in the highlands and 29 °C on the lowlands. The
38
weather condition from June until October is dry and cold. The heaviest rainfall season
occurs during the months between December to March.
Annual
December
November
October
September
MONTHS
August
July
June
May
May
March
February
January
0
10
20
30
40
TEMPERATURE IN DEGREES OF CENTIGRADE
The figure 3.2 above summarizes the average temperature and precipitation in Mbeya,
generally, the average low temperature is 11 degrees of centigrade and the average high
temperature is 23 degrees of centigrade.
39
200
MONTHS
The figure 3.3 above highlights the average precipitation in Mbeya City area; it shows
that there is high rainfall in December, January, February, March and April while the
remaining months have very low precipitation.
The area around Mbeya City especially Rungwe district enjoys abundant and reliable
rainfall in most seasons of the year which stimulates economic activities such as
agriculture on the rich volcanic soils. Average rainfall per year is around 900 mm and the
rainy season is from March to May.
Mbeya City area can be reached through tarmac road on the highway 850 kilometers
from Dar es Salaam and which runs to South African countries also. The area is also
accessible via TAZARA railway line from Kapirimposhi Zambia to Dar es Salaam
Tanzania. It also connects to the rests of Tanzania through Songwe International airport
40
which started to operate in December 2012 and it is one of the major four airports
available in Tanzania.
The area of Mbeya City comprises of several ethnic groups. It contains several people
who are highly interacted among themselves. The ethnic groups in Mbeya City is affected
by the tribes within Mbeya region which are Nyakyusa in Kyela and Rungwe Districts,
Safwa and Malila in Mbeya District, Nyiha and Nyamwanga in Mbozi District, Ndali in
Ileje District, Bungu and Kimbu in Chunya and Sangu in Mbarali District. All these tribes
interact at the city centre together with other people from the rest parts of the country to
form new culture within Mbeya City area.
There are different institutions for education activities including primary schools,
secondary schools, colleges and universities. The higher learning institutions are such as
Teofilo Kisanji University which is owned by the Moravian church in Tanzania, Mbeya
University of Science and Technology (MUST) formerly known as Mbeya Institute of
Science and Technology (MIST) and Mzumbe University (MU) Mbeya campus situated
near Bank of Tanzania. Both Mzumbe University and Mbeya University of Science and
Technology are public universities owned by the government of the United Republic of
Tanzania.
Isyesye is among thirty six administrative wards of Mbeya urban district in Mbeya region
which comprises three sub-wards known as Vingunguti, Mwantengule and RRM. It is
bordered to the north by Mwansekwa ward, to the South by Uyole and Ilomba ward, to
the West by Ilemi and Ilomba ward and to the East by Itezi ward.
41
Plate 3.2 Map of Isyesye Showing Sub-ward Boundaries
Source: Isyesye WEO (2016)
Isyesye is located 8 Kilometers away from Mbeya Central Business District (CBD), it is
accessible through Sokomatola – Uyole tarmac road via Ilomba ward areas. The ward is
42
found along TAZARA railway line running from Dar es Salaam to Zambia. The specific
geographical position for Isyesye ward in Mbeya City is Latitudes 8°53'24” South and
33°25’48” East.
Isyesye ward consists of about 10,800 people (Isyesye WEO, 2016). This total population
represents all three sub-wards such as Vingunguti, RRM and Mwansekwa. According to
PHS (2012) the total ward population was 7970 whereby male and female population was
3662 (46% of population) and 4308 (54% of population) respectively with sex ratio of 85
and average household size of 3.8.
Isyesye ward constitutes people who are pastoralists and small scale farmers but most of
them conduct their activities outside the city in the areas bordering people’s settlements.
The area is endowed with potentials for trading activities with few trading centers for
small scale traders. In some areas, urban farming activities are taking place where the
residents cultivate vegetables.
From the sample studied, it was realized that some of people within a population were
aware of the National Land Policy of 1995 while others did not know anything about the
National Land Policy of 1995 and its implementation.
Out of 50 respondents from the sample, it was recognized that 21 responds were aware of
the National Land Policy of 1995 while the remaining 29 respondents do not know about
the country’s National Land Policy. This shows that 42% of the people in the study area
43
are aware of the National Land Policy of 1995 and its implementation as opposed to 58%
of people who do not have awareness.
The table above shows that the respondent rate was 100%. From the rate, only 42% of the
respondents were aware with the NLP 1995 while 58% were not aware with the NLP
1995.
42%
The figure 3.4 above reveals that largest portion of the population is not aware of what
the National Land Policy of 1995 is and what it intends to do. The evidence shows that
58% of the population does not have knowledge of the National Land Policy of 1995 as
opposed to 42% of the population of people who know it.
44
3.4.2 Awareness on the Land laws and Land Regulations
Apart from the awareness on the NLP 1995, among the respondents who acknowledged
knowing NLP 1995 some agreed that have knowledge also on the land laws that facilitate
National Land Policy implementation. On the other hand, some respondents were aware
with the NLP 1995 but not any land law or land regulation that supports National Land
Policy implementation.
Unaware
Aware
The figure 3.5 above gives information that from the sample of 42% of respondents who
acknowledged knowing NLP 1995, only 48% are aware of the land laws such as LA,
VLA, land regulations 2001, etc. The remaining 52% of people with NLP awareness are
totally unaware with the land related laws and regulations.
45
3.4.3 Extent of the Implementation of the National Land Policy of 1995 in the Study
Area
The National Land Policy of 1995 has been implemented in the area until 2015 to ensure
equitable distribution of and access to land, and there are still plans to implement it more.
Some respondents argued that the National Land Policy of 1995 is implemented as
required so that it can ensure equitable distribution and access to land while others
suggested that the policy has not succeeded to bring equitable distribution and access to
land.
About 13 (26%) people from the sample of 50 respondents did not respond to the
question on required implementation of the National Land Policy of 1995. About 26
(equivalent to 56% of total sample) respondents acknowledged that the NLP of 1995 has
not been implemented to an extent that it can ensure equitable distribution and access to
land by all citizens but 9 respondents (18%) argued that the policy has been achieved to
increase access to land in the study area.
56%
60%
PERCENTAGE OF IMPLEMENTATION
50%
40%
30%
18%
20%
10%
0%
Not Implemented as required Implemented as required
NLP 1995 IMPLEMENTATION
46
From the table above, the total respondents were 50 but only 37 respondents attempted
the question on the NLP 1995 implementation on equitable distribution and access to
land. This means that the response rate was 74% and the NLP 1995 is implemented as
required for 18% in addressing the problems to land. The land policy has been
implemented through projects of formalization and enactment of laws and regulations in
the country. On the other side, the evidence shows that majority argue that the NLP has
not been implemented as expected to increase access to land resources. About 56% of
implementation of the National Land Policy implies that it has not been succeeded to
perform its intended objectives.
Land owners in Mbeya City use different ways to access land in the area, they include
purchasing (buying and selling among people), inheriting from the elders, acquiring as a
gift and government allocation. Most of the people in Mbeya City acquire land through
purchase, government allocation and inheritance.
60%
50%
40%
30%
20%
10%
0%
Government Allocation Purchase Inheritance Others
47
The figure above depicts that most of the land owners in Isyesye area acquired land
through government allocation by the land allocation committee whereby 54% of
respondents acquired land through this way. The other land owners acquired land through
other ways like purchasing (31%) and inheriting from ancestors 14%.
Valuation for compensation mainly involves steps such as; one, pre-site inspection, in
this stage, the experts tend to visit the acquired area so as to establish the magnitude of
work and to determine people involved as well as to get the map of the area to be
acquired. Also the expert(s) need or needs to obtain the surveyor’s report on land
parceling and the names together with the size of land which each individual owns.
Property inspection then is conducted so that important information about the ownership
of land by the corporate body or owner is collected. In this stage, the land experts needs
to collect data such as property owner identification and registration using valuation form
number one/inspection form, determining the amount of crops in the fields, taking
photographs of the owners of land in the area and inspecting the property to determine its
condition.
48
schedules are prepared showing all important details such as property owner’s names,
properties to be compensated, the compensation value for each property and total
compensation to be paid.
Planning process follows after compensation assessment for land acquisition. The
acquired area is planned accordingly to accommodate the needs for land uses. It is done
by the planning section of MLHHSD to produce master plans, medium plans and short
plans by using a map of the respective area to produce town plan drawings. The land uses
allocated are such as industrial land uses, residential land uses, barren and waste land,
public open spaces, agricultural lands, infrastructural land, commercial activity areas, etc.
Surveying the acquired land is mainly done by the land surveyors, to establish the
geodetic references which are used as a basis for cadastral survey and land registration.
A survey is conducted in accordance with the detailed scheme prepared by the planning
section of the ministry of lands. After survey is complete, deed plans are developed for
different plots.
Plot allocation and registration is the final stage and it intends to allocate land to the
applicants though legal government procedures; the stages in land allocation include the
following;
Application through land form number 19 or tendering; this is done for prime areas such
as residential areas, commercial areas and industrial areas under the land regulation
(auction and tenders) regulation 2001 section 3 subsections 1. The next stages are such as
Compilations of applications and plot allocation; this is conducted by the land allocation
committee of the respective authority, Preparation and provision of advice of payment to
successful applicants, Issuing the acknowledgement of payments letter, Requesting deed
plans from surveying department, Preparing the certificate of rights of occupancy,
Signing the certificate of rights of occupancy by the applicants, Signing the certificate of
occupancy by commissioner for lands and sealing.
Therefore anyone who needs to acquire the surveyed land from the government
authorities must pass into the above procedures. Access to land through this way leads to
more sustainable planned settlements equipped with required infrastructures.
49
Access to Land through purchase
Purchase of land depends highly on the land markets in the given market segment.
Tanzania entered into the liberalization to facilitate free market economy since 1990s.
Land as a commodity can be sold in the free market as any other commodity given
willing buyer and willing seller. The only thing that differentiates land commodity and
other commodities is its unique features that make its market imperfect. The main
characteristic of land that makes it unique is fixity in location, it cannot be moved from
one place to another place while the only rights in land can be bought and sold.
A land market is defined to mean a framework in which those seeking land, and those
owning or controlling land, are brought into transaction in order to effect access to land
by the land seekers. Land markets exist when and wherever it is possible to exchange
rights in land for agreed amounts of money or services rendered. Therefore land markets
exist when and wherever it is possible to exchange rights in land, usually for agreed
amounts of money.
In order for a land market to develop and to be maintained, some factors should be
observed. There should be clear policies and enforceable laws together with the fact that
institutional framework needs to provide for consistent, responsible and accountable
decision-making within the overall national land policy. There must also be a land
registration system that is affordable so that all citizens, especially women and minority
groups, rich and poor, can have access to it.
Some land stakeholders can access land through traditional inheritance within the tribe
customs. In some tribes in Tanzania land is inherited to the next of kin in the family
among family members. In some areas land is inherited to the male children, other tribes
give land in equal chance to all children regardless of the gender while others gives land
to first born child of the family.
50
All the above three ways to access land are used by the society of Mbeya City area
depending on the circumstance. The study on the implementation of the national land
policy of 1995 especially on the objective of equitable distribution and access to land in
Mbeya City discovered that land is accessed in most cases through such ways.
43%
Land is accessible
57%
Land not accessible
The figure above shows that the percentage of accessibility of land in the study area is
low (43%) compared to inaccessibility rate (57%). Most of the population cannot access
land as suggested by the National Land Policy of 1995 regardless of whether it is by
government allocation, inheritance, purchase or otherwise. This shows that most of
people do not own the major means of production (land resources) to sustain their life.
51
3.6 Factors Hindering Equitable Distribution of and Access to Land
During research, some respondents argued that segregation in accessing land within
customary procedures has been witnessed. It has been experienced that in some tribes,
land ownership is given priority to male children, some give favor to the first born child
and in some instances, women are segregated in land ownership issues.
The overall remark revealed that gender inequality in accessing land has been
substantiated because of discriminatory inheritance practices in traditional societies,
unequal access to land markets and finally, gender biased land reforms. Land titling
projects and resettlement actions seem to be ineffective in addressing gender issues.
The research noticed that corruption has been among the major challenges in accessing
of important services including access to land. In some circumstances, the civil servants
tend to use public offices in favor of their own benefits. Some of the respondents claimed
to observe corruption problem whereby land allocation by the respective authority can be
associated with favourtism. Justice and fairness may not be observed as few people seem
to be allocated more plots than other people.
52
3.7 Government Efforts towards Implementing the NLP 1995
The government of the United Republic of Tanzania (URT) has tried to pose many efforts
towards fostering accessibility to land in the study area. Among these efforts includes the
following;
The government through Mbeya City council has surveyed more than 1500 (In 2009)
plots within Isyesye area in Mbeya City so that people can be allocated land that is free
from land conflicts, has clear boundaries, and has sufficient social and physical
infrastructures as well as the land ownership pattern that will ensure security of tenure.
The government of the United Republic of Tanzania enacted the land laws which enable
land accessibility to all citizens without discrimination. They include the Land Act and
the village Land act of 1999 number 4 and number 5 respectively.
According to the section 3(1)(c) of the Land Act 1999 provides that one fundamental
principle of the National land policy is to facilitate an equitable distribution of and access
to land by all citizens . The section is incorporated into the land Act to emphasize the
equal chances of accessing land in Tanzania by all citizens regardless of race, tribe,
gender or any other aspect of socio-economic differences.
Furthermore, the section 3(2) of the Land Act number 5 of 1999 recognizes women rights
in owning and accessing land. Women's rights are part of the Fundamental Principles of
the National Land Policy embodied in the principle of equality of men and women in
access to, ownership, control, inheritance, administration and management of land as a
basic human right. The government puts efforts to enforce the laws that will help to
achieve land ownership equitability in the country with justice and fairness.
53
3.7.3 Decentralizing land administration activities
The government has put efforts towards its land reform especially in land administration
and registration section. The services provision has been transformed from the ministry
level to zonal levels. It has established six zones located in Dar es Salaam, Dodoma,
Tabora, Mwanza, Mtwara and Moshi. These government offices help more people with
the country access land as the land related issues are easily communicated.
With equitable distribution of and access to land more people can own means of
production. Land is a major resource in the country; all socio-economic activities are
carried out on and supported by land resources. In modern economies, land serves as the
fundamental precondition for capitalist relations of production to exist since it enables
valorization of capital.
Through land ownership and access, the land owners can conduct productive activities
such agriculture, commercial activities, industrial production, etc. Practicing these
activities leads to a reward to land owners in form of income, rent or profit. Earning of
the income by people equitably through land helps to reduce income gap among
individuals.
54
It further provides on the extent of access to land in the area, ways and modes to access
land, factors hindering equitable distribution of and access to land in Tanzania society,
government efforts towards implementing the National Land Policy of 1995 so as to
ensure equitable distribution of and access to land and the advantages that can be
obtained after achieving the equitable distribution of and access to land.
55
CHAPTER FOUR
The reasons for awareness on the national land policy vary from one person to another.
Therefore the knowledge on land matters including the land policy of the country can be
penetrated among land stakeholders through various means such as public education
56
provided by either the government through the ministry of lands or through NGOs and
public institutions using mass media.
Unawareness on the land laws and regulations was discovered as among the reasons for
land inaccessibility in the study area and indeed to other areas of Mbeya region. This is
because the lack of knowledge of the laws results in a lack of understanding of people’s
rights towards land resources.
The National Land Policy was formulated in order to address problems that pre-existed in
land sector since independence however its implementation seems to be low compared to
what the policy makers expected. It has been discovered that NLP 1995 has been
implemented as required for only 18% in addressing the problems related to land. The
land policy has been implemented through projects of formalization and enactment of
laws and regulations in the country.
On the other side, the evidence shows that the NLP has not been implemented as
required since it was expected that good policy implementation would increase an access
to land resources. About 56% of implementation of the national land policy implies that it
has not been succeeded to perform its intended objectives. The reasons for poor
implementation are such as inadequate funds by the government to facilitate
implementation process, poor commitment among the stakeholders to land including land
owners, land experts, etc
57
4.1.4 Low Access to Land and Equitability
It was found that the level of land accessibility in the study area is low for various
reasons. The truth revealed that the percentage of accessibility of land in the study area is
low (43%) compared to inaccessibility rate (57%). Only few people can access land
without any obstacle which may be caused by low number of plots which are surveyed,
poor traditions which may segregate women or disabled people, etc.
Most of the population may not access land as suggested by the National Land Policy of
1995 regardless of whether it is by government allocation, inheritance, purchase or
otherwise. This shows that many people do not own the major means of production (land
resources) to sustain their life whereby others access land through their spouses, probate
administrators or any other indirect way.
The government of the United Republic of Tanzania (URT) has tried to pose many efforts
towards fostering accessibility to land in the study area though they seem to be
insufficient. Among these efforts includes the following;
Survey of more than 1500plots in Isyesye area; the government through Mbeya City
council has surveyed more than 1500 plots in Isyesye within Mbeya City so that people
can be allocated land that is free from land conflicts, has clear boundaries, and has
sufficient social and physical infrastructures as well as the land ownership pattern that
will ensure security of tenure. This effort is not enough as many people demand the
surveyed plots in urban areas. The amount of surveyed land is low as compared to what
actually people need.
Enacting the laws that facilitate land accessibility; the government of the United Republic
of Tanzania enacted the land laws which enable land accessibility to all citizens without
discrimination. They include the Land Act and the village Land act of 1999 number 4 and
number 5 respectively.
58
According to the section 3(1)(c) of the Land Act, 1999 provides that one fundamental
principle of the National land policy is to facilitate an equitable distribution of and access
to land by all citizens . The section is incorporated into the land Act to emphasize the
equal chances of accessing land in Tanzania by all citizens regardless of race, tribe,
gender or any other aspect of socio-economic differences.
Furthermore, the section 3(2) of the Land Act number 5 of 1999 recognizes women rights
in owning and accessing land. Women's rights is part of the Fundamental Principles of
the National Land Policy embodied in the principle of equality of men and women in
access to, ownership, control, inheritance, administration and management of land as a
basic human right. The government puts efforts to enforce the laws that will help to
achieve land ownership equitability in the country with justice and fairness. However, the
land laws and regulations have not been succeeded to eliminate land in-access problem in
the study area as few people can access and others cannot.
Decentralizing land administration activities; the government has put efforts towards its
land reform especially in land administration and registration section. The services
provision has been transformed from the ministry level to zonal levels. It has established
six zones located in Dar es Salaam, Dodoma, Tabora, Mwanza, Mtwara and Moshi.
These government offices help more people with the country access land as the land
related issues are easily communicated.
The research discovered the presence of unfavorable traditions and customs that hinders
access to land, for instance denying inheritance to female children, corruption problem
during land allocation by local authorities and lack of knowledge on the land laws among
citizens. All these factors bring obstacles in accessing land but in most cases, people’s
unawareness of the land rights makes it difficult for them to know exactly what they are
supposed to have legally.
4.2 Recommendations
Following the problems discovered during the study of Implementation of the National
Land Policy of 1995 basing on the equitable distribution of and access to land in Mbeya
59
city, the following are recommended as the way forward towards solving particular
problems.
4.2.3 Need for Special Programs to Increase Equitable Distribution of and Access to
Land
The research found low access level to land by citizens due to various reasons. There
should be strong emphasize towards fairness, unbiasness and legitimacy during land
allocation by the relevant authorities. Also the government should intervene the free land
market activities which are not efficient in allocating land since the price involved may
60
be high. Special programs such as land titling projects should be launched in order to
increase access to access surveyed land by the urban residents.
Generally, the study aimed to examine how equitable distribution of and access to land
has been achieved in Mbeya City as suggested by the National land Policy of 1995. The
research specifically focused on assessing the extent to which equitable access to land
and distribution has been attained in the study area, exploring the government efforts
towards ensuring the equitable land distribution of and access to land, investigate the
factors hindering the equitable distribution of and access to land and testing the
awareness of people on NLP, land laws and its implementation.
Finally, the research discovered the presence of some problems in the study area such as
low level of access to land, low people’s awareness on the land related laws, low
implementation level of NLP and its resulting laws and presence of various factors that
61
hinder land accessibility in the study area. Following such problems, various
recommendations have been provided so that the research problem can be solved.
62
REFERENCES
Asperen, P., (2014). Evaluation of Innovative Land Tools in Sub-saharan Africa: Three
Cases From a Peri-urban Context: IOS Press.
AUC-ECA-AfDB, (2010). Land Policy in Africa. Addis Ababa: ECA publications and
Conference Management Section.
Banerjee, A., (1988). Prospects and Strategies for land reform,: Unpublished.
Baxter, P. & Jack, S., (2008). Qualitative Case Study Methodology; Study design and
Implementation for novice researchers. Qualitative Report, Volume 13, pp. 544-559.
Boyce, J. K., Rosset, P. & Stanton, E., (2005). Land Reform, Amhrest: University of
Massachusetts.
Cotula, L., Toulmin, C. & Quan, J., (2006). Better land access for the rural poor, Porto
Alegre-Brazil: iied.
Creswell, J., (2009). Research Design; Qualitative, Quantitative and Mixed Methods
Approaches: SAGE PUBLICATIONS.
Darin-Drabkin, H., (1977). Land Policy and Urban Growth. First ed. New York:
Pergamon Press.
Deininger, K., (2003). Analyzing the Distributional Impact of Reforms. In: Land Policy
reforms. Washington D.C: pp. 213-253.
63
Deininger, K. & Binswanger, H., (1999). The evolution of the World bank's Land
Policy;Principles, Experience and Future Challenges. The World Bank research
Observer, 14(2), pp. 247-276.
Delmon, J. & Delmon, V., (2010). International Project Finance and PPPs: A legal
Guide to Key Growth Markets: Kluwer Law International.
Delville, P., (2001). Negotiating Access to land in West Africa: A Synthesis of Findings
From Research on Derived Rights to Land: IIED.
Dietz, K., Engels, B., Pye, O. & Brunnengraber, A., (2014). The Political Ecology of
Agrofuels. Revised ed. Berlin: Routledge.
FAO, (2016). Natural Resources and Environment: Land Policy and Planning. [Online]
Available at: http://www.fao.org/nr/land/land-policy-and-planning/en/
[Accessed 8 June 2016].
Gautam, S., (2010). Equitable Access and Benefit Sharing of Environmental Resources,
Goods and Services, Kathmandu-Nepal: UKaid.
German, L., Schoneveld, G. & Mwangi, S., (2011). Contemporary Processes of Large
Scale Land Acquisition by Investors: Case Studies From Sub-Saharan Africa: CIFOR.
Hayuma, (2006). Tanzania Land Policy and Genesis of Land Reform Sub – Component of
Private Sector Competitiveness Project, Dar es salaam: World Bank.
IIED, (2006). Changes in Land Access and Governance in West Africa: Markets, Social
Mediations and Public policies: Results of the CLAIMS Research Project: International
Institute for Environment and Development.
Jordan, K. & Stilwell, F., (2004). The importance of land in a modern economy. The
Journal of Australian Political Economy, December.
64
Kanji, N. & Braga, C., (2012). Promoting Land Rights in Africa: How do NGOs Make a
Difference, Nairobi: IIED.
Kebede, B., (2006). Land Reform, Distribution of Land and Institutions in Rural
Ethiopia: Analysis of Inequality with Dirty Data1, Adis Ababa: University of Anglia.
Kooten, G., (2011). Land Resource Economics and Sustainable Development: Economic
Policies and the Common Good.: UBC Press.
Kothari, C., (2004). Research Methodology; Methods and techniques. Second revised
edition ed. New Delh: New Age International Ltd Publishers.
Kothari, C. & Guarav, G., (2014). Research Methodology;Methods and techniques. New
Delhi: New Age International (P) Ltd Publishers.
Kumar, R., (2005). Research Methodology; a step by step guide for beginners. New
Delhi: SAGE Publishers.
Mearns, R., (1999). Access to Land Rural India: Policy Issues and Options, New Delhi
Mlowe, L., (2012). Research Methodology and Consultancy Techniques. Dar es salaam:
National board of accountants and auditors.
Mothibi, K., Malatsi, B. & Finnstom, A., (2011). Systematic Adjudication on Tribal Land
in Botswana, Gaborone, Botswana: Ministry of Lands and Housing.
Onwuegbuzie, A. & Combs, J., (2013). Data Analysis in Mixed Research: A Primer.
International Journal of Education, 3(1), pp. 1-25.
65
Orakhelashvili, A., (2008). The Interpretation of Acts and Rules in Public International
law, London: Oxford University press.
Pallotti, A. & Tornimbeni, C., (2016). State,Land and Democracy in Southern Africa.:
Routledge.
Paul, B., (2003). A guide to research ethics: University of Minnesota's Center for
Bioethics.
Reddy, D., (2009). Agrarian Reforms, Land markets, and Rural Poor: Concept
Publishing Company.
Samsa, G., (2012). Nigerian Land Markets and the Land Use Law, Lagos
Saunders, M. & Lewis, P., (2009). Research Methods for Business Students: Pitman
Publishing Imprint.
Shivji, I., (1994). Report of the Presidential Commission of Inquiry into land Matters;
Land Policy and Land tenure, Dar es salaam: Ministry of Lands Housing and Human
Settlements Development-United Republic of Tanzania.
Singh, A. & Mehrotra, S., (2014). Land Policies for Equity and Growth; Transforming
the Agrarian Structure in Uttar Pradesh: SAGE publications.
Sulle, E. & Nelson, F., (2009). Biofuels, Land Access and Rural Livelihoods in Tanzania.
Illustarted ed. Dar es salaam: IIED.
Tenga, W. & Mramba, S., (2008). Manual for Land law and Conveyancing in Tanzania.
Dar es salaam
Tuladhar, A., Silayo, E. & Molen, P., (2008). A Comparative Study to land Policy in 9
countries , Stockholm
66
UN-HABITAT, (2008). Securing Land Rights for All, Nairobi-Kenya: United Nations.
URT, (1995). National Land Policy, Dar es salaam, Tanzania: Ministry of Lands and
Human Settlements Development.
URT, (1999). The Land Act No. 4 of 1999, Dar es salaam: Government printer.
URT, (2012). Population and Housing Cencus, Dar es salaam: National Bureau of
Statistics, Ministry of Finance.
Vitezi, O., (2009). Economic definition of the Four Factors of Production. [Online]
Available at: http://smallbusiness.chron.com/economic-definition-four-factors-production
[Accessed 9 May 2016].
Wanyeki, L., (2003). Women and Land in Africa: Culture, Religion and Realizing
Women's Rights. Illustrated ed. Nairobi: Zed Books.
Wily, L., (2003). Governance and Land Relations: A Review of Land Administration and
Management in Africa: International Institute for Environment and Development.
Writing Center at UNC-Chapel Hill, (2014). Literature reviews: The University of North
Carolina at Chapel Hill.
Zagema, B., (2011). Land and Power: The Growing Scandal Surrounding the New Wave
of Investments in Land
67
LIST OF STATUTES
The Land Act, No.4 of 1999
68