Land Law In Tanzania

On the importance of judicial independence.

This book investigates the effects of the 1999 Tanzanian land legislation on customary land tenure, particularly that of pastoralists. It is an original, empirical and theoretical critical study of the laws and their implementation in securing land tenure of customary landholders in the face of the changing social-political structures, and as such constitutes a contribution to the current debate about the future of customary landholders in the reformed Tanzanian economy. Among issues that receive particular attention in this study are: the development of pastoral land tenure, the main features of the new land laws, introduced land schemes for pastoralists, land dispute mechanisms, the certification of village lands, investments on village land, the inclusion of unused or unoccupied village lands into the category of general land, women's land rights and villager participation in the administration and management of village lands.

In Tanzania, transfers of rights of occupancy frequently encounter procedural problems, and as regards land transfers, existing legal structures are inadequate. Case law in this area remains insufficiently documented, is contradictory, and there is a dearth of adequate information to guide practitioners through existing precedents. By way of response to these limiations, this manual addresses aspects of procedures involved in land transfer. It sets out the governing laws and summarises principles governing the acquistion and transfer of rights of occupancy, and regulating land ownership in Tanzania. It covers acquisition of public land by individuals and institutions, and the rights and duties of parties between date of contract and date of completion; and the author makes reference to the new 1999 Village Land and Land Acts. He provides a checklist of the steps constituting a transfer, and in a series of annexes presents in detail the relevant statutory provisions, specimen forms, scales of duties and fees payable. Issa Shivji, renowned academic, Professor of Law, and Advocate to the High Court in Tanzania & Zanzibar, provides a forward to the manual.

Treatise on land tenure law in Tanzania - gives an historical overview, covers customary law, land ownership among tribal peoples, public land and occupancy rights, tenancy, mortgages, land utilization, land reform patterns, the establishment of socialist-inspired rural cooperatives and comments on relevant legislation and on law cases and judicial decisions (jurisprudence). References.

"Recent decades have seen a wave of land law reforms across Africa, in the context of a 'land rush' and land grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeks to re-orientate current debates on women's land rights towards a focus on the law in action. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment"--Unedited summary from book cover.