Following the tanzania national land policy in 1995, which set out the fundamental principles of land management, tanzania enacted the land act no. Enactedby parliament of the united republic of tanzania. Resolving land disputes through alternative dispute resolution adr. These acts place land into three categories which are the village land, general land and reserved land. The land act signifies that land in tanzania is public land and remain vested in the president as trustee for and on behalf of all citizens of. The village land act 1999 states that general land is all public land which is not reserved land or village land p. The land reforms of the 1990s specifically the land act no. The latter lays out the legal framework and procedures for most of ta n z a n i a s rural land to henceforth be governed through a community based land tenure management system. This study explored the implementation of land policy in rural tanzania. Citizens of zanzibar and of mainland tanzania before union day deemed to have become citizens on union day. Land laws and proclamations in tanzania and ethiopia.
In 1999, the land act, number 4 and the village land act, number 5 were enacted to govern land administration in tanzania. The land policy in tanzania, which has been implemented since 1995, aims to resolve landuse problems. An act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. Village land is defined in the land act 1999 and the village land act 1999 as land declared to be village land under and in accordance with section 4 of the.
Jan 30, 2017 the land act cap 1 is the principal legislation governing general land management, ownership, settlement of disputes and related matters in tanzania. These regulations have been annotated up to 31 july 2004. The land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. Definition of public purpose 1 land shall be deemed to be required for a public purpose where it is. This policy, along with the land commission,brought about the existence of tanzanias land acts, that is the land act no. C o m m u n i t y b a s e d land tenure m a n a g e m e n t. The land policy in tanzania, which has been implemented since 1995, aims to resolve land use problems. An act to provide for the management and administration of land in villages.
The 1999 land act and village land act 4 for rights of occupancy s. Securing communal land tenure in northern tanzania using. In 1999, tanzania enacted a basic new land law in the form of the land act and the village land act. The provisions for a market in land one issue, which has received some attention, is the muchvaunted allowance for a land market. An analysis of the analyses robin palmer land policy adviser, africa oxfam gb march 1999 introduction on 11 february 1999 the tanzanian parliament passed the land act, 1999 and the village land act, 1999. Both legislations started to be implemented in may 2001. A portion of the act states this the land act,1999 act no 41999 the land act is the principle land legislation on all land matters.
It is intended that part of the proceeds of the credit will be used to cover eligible payments under contract for. E 2002 lhrc legal and human rights centre lrct law reform commission of tanzania masupha the makete support people living with hivaids mkurabita mpango wa kurasimisha rasilimali na biashara tanzania mkt the. On 11 february 1999 the tanzanian parliament passed the land act, 1999 and the village land act, 1999. Background to the study africa is a vast continent with diverse political and cultural heritages amongst its 53 countries. Uniform title sheria ya ardhi ya vijiji, 1999 language swahili. Thorough consultations with the affected groupsindividuals shall be. The village land act, 1999 table of contents section. Land act 1999 the births and deaths registration act, ch 108 the civil procedure code act, 1966 act no. This devolves authority over land administration, land. The land act repeals no less than 10 acts and defines in law many of the. The land amendment act, 2004 tanzania chamber of commerce.
Special attention is paid to the experiences from handeni, where the stateled property and business. The first deals with general land, including urban areas and private estates outside the customary sector, and is fairly complex. Acquisition of land by foreigners in tanzania lexology. This content is exclusively provided by fao faolex ecolex. The land act cap 1 is the principal legislation governing general land management, ownership, settlement of disputes and related matters in tanzania. This section summarizes the legal framework by briefly explain judicial administration act, no. Pastoralists right to land and natural resources in tanzania. Resolving land disputes through alternative dispute. The road traffic and transport regulations, 2001 note. Act, 1985 shall be a court for the purpose of this act, the land act, 1999 and the village land act, 1999 and shall have jurisdiction and powers in relation to the area of a district council in which it is estabthe ward tribunal act no.
The village land act designated village councils as managers of. Although numerous efforts have been made by the government of tan zania and other actors to implement the village land act, progress has been. Land regulations, 2001 that includes government notice no. I i enacted by the parliament of the united republic of tanzania. The environmental management act, 2004 arrangement of sections part i preliminary provisions section title 1. Tanzania landlinks landlinks landlinks was created. The first deals with general land, including urban areas and private estates outside the.
In practice, it includes areas of land falling in municipalities. In assessing compensation, land acquired shall be compensated in a manner provided for in the united republic of tanzania land act no. The land act 1999 arrangement of sections title section part i. These regulations were published by government notice no. Part i preliminary 11 this act may be cited as short title and comthe village land act, 1999. The national land policy nlp of 1995 resulted in the enactment of two important laws that is the land act no. Section 5 of the sovereignty act provides for the countrys natural resources to be held in trust by the president on behalf of its citizens, replicating the current approach to land. The government of the united republic of tanzania got has received a credit from the international development association ida towards the cost of the local government support project lgsp. The land act stipulates that a noncitizen shall not be allocated or granted land unless it is for investment purposes as provided for under the tanzania investment act got 1997. Joint village land use agreements between villages. It is explicitly stated in the act that the commissioner is not bound to act on the recommendations of the land allocation committees s.
National land policy 1995, land act of 1999, land acquisition act, no 47 of 1967, road act 2007, valuation regulation, land assessment of the value of land for compensation regulations, 2001, and world bank op 4. The tanzania citizenship act, 1995 arrangement of sections section title part i preliminary 1. Are land owners secured in tanzania lawbay advocates. Short title this act may be cited as the village land act. Enacted by the parliament of the united republic of tanzania. General land and reserved land are governed by the land act of 1999, whereas village land is governed by the village land act of 1999. Village land which includes all land within the village areas of tanzanias 11,000 villages. Reserved land which denotes land set aside for special purposes, for. Section 2 defines the land act to mean all land which is not reserved land or village land.