Through the Maze of Land Right Laws

• Published in: State and Business in Tanzania's Development pp. 216 - 256
• Main Author: Mramba, Sist J.
• Format: Book Chapter
• Language: English
• Published: 09.11.2023
• ISBN: 1009285769; 9781009285797; 1009285793; 9781009285766
• DOI: 10.1017/9781009285803.014

As the main resource of a large population, land has been the subject of intense debate and dispute in Tanzania. This chapter analyses the existing system of land occupancy rights and its effectiveness in allocating land use rights and avoiding conflicts. The quasi-collectivised Ujamaa system imposed during the socialist era was short lived. The Land Act (1999) presently regulates land allocation. It distinguishes ‘village land’, consisting mostly of smallholders and governed by statutory laws, from ‘general land’, leased to officially agreed users and governed by statutory law. The key challenge is to regulate transfers from village to general land. The present system turns out to be complex, inefficient and conflictive because of the limited surveying of land, the lack of (computerised) recording of land operations, and the intricacy of the law, which generates numerous rent-seeking opportunities. According to Klaus Deininger’s discussion, faster progress can be achieved in surveying and recording because of low-cost technology. As for the law, several reports have been commissioned to evaluate it and to suggest possible reforms, but no changes have been forthcoming so far.