Wakuu JF,
Japo nam-support Mhe. Mohammed Aboud,Tanzania Deputy Minister for East African Cooperation I take issue with this comment:
Mr Aboud said, "In Tanzania the land is public and feel okay with it. We also feel that our national identity card should remain. Why shouldn't these other countries adopt our land laws." Land in Kenya, Uganda, Rwanda and Burundi is largely privately owned but in Tanzania, ownership entirely belongs to the government.
Either simuelewi lakini I think for one, that is a very scary scenario tukijua jinsi
serikali inavyoendesha maswala yake hususan swala ya ufisadi na 'nchi kuuzwa'.
Pili kama sijakosea sidhjani swala la serikali ku-own entire tracts of land ni
utamaduni wetu.If anything this is a direct result of colonial land policies that
abound in Africa.
Before colonialism landholding was based on customary laws of the different tribes in Tanzania (takriban 120). Claim to land was based on traditions and customs of respective tribes. Ownership of land was communal, owned by family, clan or tribe. Chiefs, headmen and elders had the powers of land administration in trust for the community. These powers continued through the colonial era though they were limited by the newly introduced German and later British land tenure system under which all lands were declared to be crown and public lands respectively. The customary land tenure is still in place, but since 1963 the chiefs, headmen and elders have been replaced by elected village councils.
Tukiji-refresh kihistoira tunakuta 2 important decress by the Germans (The Imperial Decree of 1895) na The British (Land Ordinance Cap 113).The Germans declared that all land, whether occupied or not was treated as unowned crown land and vested in the Empire, except claims of ownership by private persons, chiefs or native communities which could be proved.The British nao declared all lands, whether occupied or unoccupied as public lands, except for the title or interest to land which had been lawfully acquired before the commencement of the Ordinance,were vested under the control of the Governor to the held for use and common benefits of the natives.
Katika hizi decrees zote mbili hawa mabwana wakaleta kziungu eti kuna tofauti
kati ya Calims of Occupancy na Rights of Occupancy.In the former walihitaji documentary evidence na the only people who colud do this walikua the settler commercial farmers.The locals could only provide evidence of cultivation of the land and therefore were granted some restrictive rigths to occupancy.
The approach of the colonial regimes to vest land in the State as the ultimate landlord is fundamental and was inherited unmodified by the independent Government of Tanganyika for 38 years. The basic principle of customary land tenure is that land is held for use, and as long as it is used, the occupier maintains control over it. The independent Tanzania Government maintained more or less the same colonial land policy and practices with some minor reforms till 1995.
The land is vested in the President who holds the radical title.
siteresources.worldbank.org
Kwa kawaida za kanuni za ubinadamu, serikali ilibidi ibadili huu mfumo wa hali ya swala la ardhi na nadhani kama sijakosea 1995 kukawa na
National Land Policy ambayo ilisema in part there was need to:
a) Accommodate changes in land use and increase in human population;
b) Control large stock population which increases demand for grazing land and creates serious land degradation;
c) Protect the environment from extension of cultivation to marginal areas;
d) Reduce conflicts in landuse between agriculturalists, livestock keepers, forest areas, wildlife areas, water sources and miners;
e) Provide for increased urbanization requiring lands for settlements, industries and commerce and preserve valuable agriculture land;
f) Facilitate prospective investors who require land as a result of liberalization of the economy and investment promotion;
g) Regularise and confirm the effects of the villagisation programme, the Operation Vijiji (1973 – 1976) on customary land tenure;
h) Protect individual land rights under a pluralistic political system since 1992 and
i) Accommodate Appeal Court decision affirming customary land tenure rights of the local people.
Bw Mh. Mohammed Aboud,
Where am I going with this?...Point yangu nikuwa our Land Reform policy has taken a different direction than what you postulated out there.Either it is by design to make these kind of mistakes or its by sheer ignorance.I hope its the former and for political purposes.
Meanwhile lets not forget that according to the Land Act No.4 and Village Land Act No.5 passed by Parliament in 1999 (which have been operation since May, 2001) the entrenched fundamental principles of the new Land Laws are among others :
(i) To recognize that all land in Tanzania is public land vested in the President as trustee on behalf of all citizens;
Unatupotosha kwa kusema that...
in Tanzania, ownership entirely belongs to the government..Who is the Govt by the way? Si hio nd'o sababu mojapo kuu hizi kesi za ufisadi zinashindikana kuprosecute..the existence of such ambigous terms like State 'Sponsored' au 'Govt authorized'.
Kwa hivyo waambie hao mabwana hatutaki huo muungano kwa kulingana na hali ilvyo kwa sasa.Use some diplomatic language to send a firm message that Tanzania is not ready for this thing.Ukitoa maelezo kama uliotoa basi yu expose a level of ignorance or craftiness.
Shukran.