Thursday, January 10, 2013

Tibaijuka launches Land law book in Dar

THE Government has pledged to work on people’s views to be considered for inclusion in a new national constitution in order to ward off the existing problem of illegal land ownership among the individuals and civil societies which has been prevailing in many parts in the country. The Minister for Lands and Human Settlements Development Professor Anna Tibaijuka made the concern on Wednesday this week as a guest of honour during the launching of a land law book titled, “Land as a human right”. She said that people’s views and their decision over the issue of legality of land acquisition is an important aspect at this time around when Tanzania is going through the constitutional making process, and added that, it’s the only way to cut off attitudes of some corrupt government executives. Describing about the book, she noted that, the contents highlighted are relevant and helpful and consented that her ministry would be a prime custodian as they relevantly interacts with the legal matters pertaining to the development of land policies in the country.  The 412 paged book has been written by a young academician Abdon Rwegasira who joined the school of Law of the University of Dar es Salaam (UDSM) as an assistant lecturer in 2010. She said the author has described the entire background history of land law and its practice in Tanzania since independence time. She said that, in order to spread the land law knowledge which most Tanzanians do not have in the country, her ministry has ordered 150 copies of the book from a Dar es Salaam based publishers, Mkuki na Nyota Publications Ltd which she said would be distributed in all districts in the country. The reasons behind the move as described by Professor Tibaijuka, a former UN Habitat Director and a former senior lecturer at the UDSM, is to enlighten the district land officers in the country in their job execution when analyising issues of land acquisition in general. However, she added that the move behind is to limit controversies on land issues in some parts of the country.  She further said that, the continued problems of land ownership in the country is as a result of some few executives from the village levels to district levels who do not know the application of land Act sections  4 and 5 as stipulated in Village Land Act of 1999. She said as a result of poor performance emanating from the relevant authorities, her office has been receiving about 300 grievances from people complaining about land cases channeled through the ministry’s email address requesting for her intervention as most people are unable to see her personally. “The issue of land use and control has never been an easy matter under the administration of my Ministry and the government in general” she said adding that, the government still see thousands of her people living in slums without security of tenure both in rural and in urban areas. However, she noted that, as long as the government continues to record controversial land cases and the allocations of prime areas including open spaces, it also continues to face case of land conflicts between farmers and livestock keepers in various parts of the country and many other similar cases. Detailing author’s views, she said he has described land to be an important resource for the country’s economic development on the one hand, but also an essential need of all human beings and major source of livelihood. In other words the author is on the view of the fact that, it’s through land that the state is well placed to advance sustainable national economic development. According to Rwegasira, the two categories of interests such like state and private, have not been reconciled by law or its proper administration and in view of this, land has ceased to be an important resource but an arena of struggles and conflicts of every description between the contending forces across all ages. According to the Dean of the school of law, Professor B.I.Rutinwa, Land law has always been a subject of great difficulty mainly because of scarcity of literature based on contemporary land law and practice in Tanzania. This is both challenge and an inspiration to all junior and senior lecturers.

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