Theoretical Foundations Of Land Law In Tanzania

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.

On the importance of judicial independence.

Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

It is widely accepted that countries' institutions play a major role in their economic development. Yet, the way they affect, and are affected by, development, and how to reform them are still poorly understood. In this companion volume, State and Business in Tanzania diagnoses the main weaknesses, root causes, and developmental consequences of Tanzania's institutions, and shows that the uncertainty surrounding its development paths and its difficulty in truly 'taking off' are related to institutional challenges. Based on a thorough account of the economic, social, and political development of the country, this diagnostic offers evidence on the quality of its institutions and a detailed analysis of critical institution- and development-sensitive areas among which state-business relations rank high, even though the institutional features of land management, civil service and the power sector are shown to be also of prime importance. This title is also available as Open Access.

This book is a study of the effects of global influences on local activity in relation to the land laws in some urban and peri-urban localities in three African countries. It begins with a theoretical consideration of the concept of globalization and of the way in which it may inform research in the social scientific study of law. The three chapters which form the core of the book are detailed, empirical studies of the effects of globalizing processes on the living land laws observed in selected communities in Benin, Ghana and Tanzania. The last chapter consists of some comparative conclusions. The study is part of the interdisciplinary research program on "Local Action in Africa in the Context of Global Influences" (Humanities Collaborative Research Centre, SFB/FK 560) at the University of Bayreuth, Germany.