Elisha Michael PDF

IMPLEMENTATION OF NATIONAL LAND POLICY OF 1995:
THE CASE OF EQUITABLE DISTRIBUTION OF AND ACCESS TO

LAND IN MBEYA CITY
YEAR “IV” SEMESTER “II”, DISSERTATION
MICHAEL, ELISHA
DEPARTMENT OF LAND
MANAGEMENT AND VALUATION,
SCHOOL OF REAL ESTATE STUDIES
ARDHI UNIVERSITY
DAR ES SALAAM JULY, 2016

IMPLEMENTATION OF NATIONAL LAND POLICY OF 1995:
THE CASE OF EQUITABLE DISTRIBUTION OF AND ACCESS TO
LAND IN MBEYA CITY
YEAR “IV” SEMESTER “II”, DISSERTATION
MICHAEL, ELISHA
A Dissertation Submitted in Partial Fulfillment of the Requirements for the Award of

BSc. Degree in Land Management and Valuation at Ardhi University
DEPARTMENT OF LAND
MANAGEMENT AND VALUATION,
ARDHI UNIVERSITY
DAR ES SALAAM JULY, 2016

DEDICATION
This work is dedicated to my beloved parents Mr. and Mrs. Michael Tete, my brother
Lazaro and my sisters Sela, Nuru, Faraja, Lugano, Sekela and Glory for their memorable
moral and material support during my studies. They have been like a stepping stone
towards accomplishing my career.
i
DECLARATION
I, MICHAEL ELISHA, hereby declare that the contents of this dissertation are my
original work to the best of my knowledge; and that it has not been presented and will not
be presented elsewhere for a Diploma, Degree and any Professional award to any other
university for a similar or any other degree award.
…………………………………..
MICHAEL, ELISHA
Department of Land Management and Valuation (LMV)
School of Real Estates Studies
Ardhi University (ARU), Dar es Salaam.
SUPERVISOR’S DECLARATION
This report has been presented as a Dissertation in partial fulfillment of the requirements
for the award of the B.Sc. Degree in Land Management and Valuation of the Ardhi
University.
…………………………………. ………………………………
MR. HISANI MTOLERA DR. SOPHIA KONGELA
DISSERTATION SUPERVISOR HEAD OF DEPARTMENT (LMV)
ARDHI UNIVERSITY
DAR ES SALAAM
ii
ACKNOWLEDGMENT
I would like to express honest and open gratitude to all majorities who gave me
assistance, guidance, support and suggestions during all stages of preparation,
compilation and finalization of this research. The process of carrying out this research
could not have been accomplished without the inspirational input of a number of
individuals both within the University and outside the campus.
Foremost, I strongly give great thanks to the God Almighty for he is the father of all
creations, and he gave me guidance and strength during the whole time I spent at Ardhi
University for without him I could not reach this step, blessed is his Holy name. I release
special gratitude to my dissertation supervisor Mr. Mtolera H., lecturer at Ardhi
University in the School of Real Estate Studies. He has been constantly giving support
during the whole research time by actively reading my writing up and returning the
helpful feedback on how to improve my work, may God bless him.
I extend my sincere appreciation to the LMV department staffs and panel members
including Mr. Mrema E, Mr. Mwita, Mr. Masakija, Professor Kironde, Ms. Muna, Ms
Makupa and Ms Radhia for their constructive comments, suggestions, criticisms and way
forward toward towards better research work. I acknowledge and recognize the special
and distinct contributions made by the officials at Mbeya City council including Mr. P.
Mwakilili, the Ward Executive Officer of Isyesye, Mr. Magoma L.L and his followers
Ms. Happiness and Ms. Mariam together with the land owners at Isyesye area in Mbeya
City.
My sincere gratitude is extended to the URT government through Higher Education

Students Loans Board for sponsoring my studies at the university level for without which
it might be difficult to pursue my studies and live my dreams. Lastly, I would like to give
a lot of honorable values to my parents, my brother and my sisters whose spiritual and
material support.
iii
ABSTRACT
Socio-economic development in any economy is highly related to land distribution and

access aspects. The NLP of 1995 put an objective that aims to create an equitable
distribution of and access to land by all citizens. However, the lack of knowledge on the
laws pertaining to land distribution and access has been brought obstacles in accessing
land regardless of it being either by government allocation or through other means to
obtain land.
As a result, the study aimed to examine how the equitable distribution of and access to
land has been achieved in the Mbeya City as suggested by the National Land Policy of
1995. The research specifically focused on assessing the extent to which equitable access
to land and distribution has been attained, exploring the government efforts towards
ensuring the equitable land distribution of and access to land, investigate the factors
hindering the equitable distribution of and access to land and testing the awareness of
people on NLP, land laws and its implementation.
Mbeya City used as a case study to determine the implementation of the NLP since it was
formulated whereby Isyesye ward comprising of three sub-wards such as RRM,
Mwansekwa and Vingunguti was used as the specific study area representing other areas
of Mbeya City. A case study and survey methods were adopted whereby interview and
questionnaires method was used to collect information on the equitable distribution of
and access to land.
The research discovered the presence of low level of access to land, low people’s
awareness on the land related laws, low implementation level of NLP and its resulting
laws and presence of various factors that hinder land accessibility in the study area
including unafavourable tradition and customs. Therefore it was recommended that the
land owners should be educated so that they can have knowledge of land rights and
conducting more projects that will increase land accessibility.
Key Words: Equitable Distribution of and Access to Land, NLP Awareness and
Implementation.
iv
TABLE OF CONTENTS
DEDICATION.................................................................................................................... i
DECLARATION............................................................................................................... ii
ACKNOWLEDGMENT ................................................................................................. iii
ABSTRACT ...................................................................................................................... iv
TABLE OF CONTENTS ................................................................................................. v
LIST OF FIGURES ........................................................................................................ vii
LIST OF TABLES ......................................................................................................... viii
LIST OF ABBREVIATIONS ......................................................................................... ix
LIST OF PLATES ........................................................................................................... xi
LIST OF APPENDICES ................................................................................................ xii
CHAPTER ONE ............................................................................................................... 1
RESEARCH PROBLEM ................................................................................................. 1
1.0 Introduction to the Chapter ....................................................................................... 1
1.1 Statement of the Problem .......................................................................................... 2
1.2 Objectives of the Study ............................................................................................. 3
1.3 Research Questions ................................................................................................... 3
1.4 Scope of the Study..................................................................................................... 4
1.5 Significance of the Study .......................................................................................... 4
1.6 Research Methodology.............................................................................................. 5
1.7 Ethical Considerations............................................................................................. 10
1.8 Literature Review .................................................................................................... 10
1.9 Summary of Chapter ............................................................................................... 13
CHAPTER TWO ............................................................................................................ 14
CONCEPTUAL FRAMEWORK .................................................................................. 14
2.0 Introduction to the Chapter ..................................................................................... 14
2.1 Definition of Land and Its Importance .................................................................... 15
2.2 Categories of Land in Tanzania .............................................................................. 18
2.3 Concept of Land Policy ........................................................................................... 19
2.4 National Land Policy of 1995 ................................................................................. 20
v
2.5 Implementation of the National Land Policy .......................................................... 21
2.6 Ways of Accessing Land ......................................................................................... 24
2.7 Equitable Land Distribution and Access ................................................................. 29
2.8 Land Distribution and Access in Some African Countries ..................................... 31
CHAPTER THREE ........................................................................................................ 34
EQUITABLE DISTRIBUTION OF AND ACCESS TO LAND IN MBEYA CITY 34
3.1 Mbeya City .............................................................................................................. 34
3.3 Description of Isyesye ............................................................................................. 41
3.4 Implementation of the National Land Policy of 1995 ............................................. 43
3.5 Equitable Distribution of and Access to Land ........................................................ 51
3.6 Factors Hindering Equitable Distribution of and Access to Land .......................... 52
3.7 Government Efforts towards Implementing the NLP 1995 .................................... 53
3.8 Advantages of Equitable Distribution of and Access to Land ................................ 54
CHAPTER FOUR ........................................................................................................... 56
SUMMARY OF FINDINGS, RECOMMENDATIONS AND GENERAL
CONCLUSION ............................................................................................................... 56
4.1 Summary of Findings .............................................................................................. 56
4.2 Recommendations ................................................................................................... 59
4.3 General Conclusion ................................................................................................. 61
REFERENCES ................................................................................................................ 63
LIST OF STATUTES ..................................................................................................... 68
vi
LIST OF FIGURES
FIGURE 2.1: THE CONCEPTUAL FRAMEWORK .................................................................... 14

FIGURE 3.1 POPULATION OF MBEYA CITY ......................................................................... 36
FIGURE 3.2 AVERAGE TEMPERATURES (°C) ...................................................................... 39
FIGURE 3.3 PRECIPITATIONS IN MBEYA CITY (MM) ........................................................... 40
FIGURE 3.4 PEOPLE’S AWARENESS ON THE NATIONAL LAND POLICY OF 1995 .................. 44
FIGURE 3.5: PEOPLE’S AWARENESS ON THE LAND LAWS .................................................... 45
FIGURE 3.6: EXTENT OF IMPLEMENTATION OF NLP 1995 .................................................. 46
FIGURE: 3.7: WAYS OF ACCESSING LAND IN MBEYA CITY ................................................. 47
FIGURE 3.8: EQUITABLE DISTRIBUTION OF AND ACCESS TO LAND .................................... 51
vii
LIST OF TABLES
TABLE 1.1: DATA COLLECTION MATRIX .............................................................................. 7

TABLE 3.1 POPULATION OF MBEYA CITY COUNCIL BY SEX, AVERAGE HOUSEHOLD SIZE
AND SEX RATIO .......................................................................................................... 37
TABLE 3.2 PEOPLE’S AWARENESS ON THE NATIONAL LAND POLICY OF 1995 ................... 44
viii
LIST OF ABBREVIATIONS
AUC-ECA-AFDB African Union Commission-United Nations Economic

Commission for Africa-African Development Bank
Etc et cetera
Et al et alia
EU European Union
FAO Food and Agriculture Organization
Ibid Ibidem
IIED International Institute for Environment and Development
LA Land Act No.4 of 1999
LMV Land Management and Valuation
MLHHSD Ministry of Lands, Housing and Human Settlements

Development
NGOs Non Government Organizations
NLP National Land Policy
Op.cit Opere Citato
PHC Population and Housing Census
PSRC Presidential Parastatal Sector Reform Commission
S/N Serial Number
SPILL Strategic Plan for Implementation of New Land Laws
TAZARA Tanzania-Zambia-Railway Authority
TIC Tanzania Investment Centre
UN-HABITAT United Nations Human Settlements Programme
URT United Republic of Tanzania
TIC Tanzania Investment Centre
ix
URT United Republic of Tanzania
USAID United States Agency for International Development
VLA Village Land Act No.5 of 1999
WEO Ward Executive Officer
x
LIST OF PLATES
PLATE 3.1: MAP OF MBEYA CITY AREA ............................................................................ 35

PLATE 3.2 MAP OF ISYESYE SHOWING SUB-WARD BOUNDARIES ....................................... 42
xi
LIST OF APPENDICES
Appendix 1.1 Questionnaires to Land Owners of Isyesye
Appendix 1.2 Interview Guide to WEO
Appendix 1.3 Mbeya Population Distributions by District Council
Appendix 1.4 Research Permit
xii
CHAPTER ONE
RESEARCH PROBLEM
1.0 Introduction to the Chapter

Access to land means opportunities for temporary or permanent use and occupation of
land for purposes of shelter, productive activity, or the enjoyment of recreation and rest.
Access to land is obtained by direct occupation, exchange of rights in land (purchase or
rental), though membership of family and kin groups, or by an allocation from the
government, other land owners or management authorities (UN-HABITAT, 2008).
Access to land takes into account the process by which people, whether individually or
collectively, gain rights and opportunities to occupy and use land (primarily for
productive purposes together with other economic and social purposes), it can be on
either temporary or permanent basis (Cotula, et al., 2006). Access to land issues in
Tanzania has roots from the NLP 1995 whereby the NLP raised from Commission of
inquiry process held between 1991 and 1993 (Wily, 2003).
In the 1990s, Tanzania experienced problems in the land sector such as conflicts between
granted right and customary right of occupancy, shortfalls that rose from villagization
programme (operation vijiji), persisting land disputes including land use and land
ownership conflicts, land speculation by rich people, over control of land by the state and
inadequate compensations. The presidential commission was formulated to address such
land problems (Tenga & Mramba, 2008).
The National Land Policy was established basing on the commission’s recommendations
in 1995 and its general objective was to promote and ensure secure land tenure system,
encourage the optimal use of land resource and facilitate broad-based socio-economic
development without affecting the environment. Also the policy came with the specific
objectives such as to promote an equitable distribution of and access to land by all
1
citizens, to ensure the existing rights in land are recognized, clarified and secured in law
and to set ceilings on land ownership which later be translated into statutory ceilings to
prevent or avoid the phenomenon of land concentration (i.e. grabbing).
It also intended to ensure that land is put to its most productive use to promote rapid
social and economic development of the country, to modify and streamline the existing
land management systems and improve efficiency of land delivery systems, to streamline
the institutional arrangements in land administration and land dispute adjudication and
also make them more transparent, promote sound land information management and to
protect land resources from degradation for sustainable development.
From the objectives of the National Land Policy of 1995, achieving the equitable
distribution of land was among the policy targets. The NLP provides for distribution of
land through providing an equal chance of being allocated land regardless of the age, sex,
race, etc. According to USAID (2010), in Tanzania, the access to land is constrained by
the lack of knowledge of the laws among land stakeholders.
1.1 Statement of the Problem

In 1990s, Tanzania experienced land problems including land grabbing and land
speculation to few people within communities (Tenga & Mramba, 2008). Later on, the
National Land Policy of 1995 in Tanzania created an objective that aims to create an
equitable distribution of and access to land by its all citizens (URT, 1995).
However, lack of knowledge of the laws among women, men, local leaders and local
authorities in Mbeya City brings an obstacle towards attaining equal access to both un-
surveyed and surveyed land. The preliminary study conducted by the researcher
witnessed the obstacles towards equitable distribution of and access to land in Mbeya
City, these includes segregation in inheriting land because of unfavourable traditional
customs and claims for presence of favourtism during land allocation by local authority.
2
There are problems with NLP in Isyesye ward especially in distribution and access issues
since the area experiences the problems in land allocation and land occupation.Therefore,
this research intends to explore the extent to which equitable distribution of and access to
land has been implemented to control land grabbing and speculation.
1.2 Objectives of the Study
1.2.1 Main Objective
To examine how the equitable distribution of and access to land has been achieved in the
Mbeya City as suggested by the National Land Policy of 1995.
1.2.2 Specific Objectives
i. To assess the extent to which equitable distribution of and access to land have
been attained in Mbeya City.
ii. To explore the government efforts towards ensuring the equitable distribution of
and access to land.
iii. To investigate the factors hindering the equitable distribution of and access to
land.
iv. To test the awareness of people on NLP, land laws and its implementation.
1.3 Research Questions
i. How much has equitable distribution of and access to land been achieved in
Mbeya City?
ii. To what extent is the equitable distribution of land attained?
iii. Which government efforts have been exercised to ensure equitable distribution of
and access to land is implemented?
iv. What are the factors hindering equitable distribution of and access both to
surveyed and un-surveyed land?
v. How many people are aware of NLP, land laws with its implementation?
3
1.4 Scope of the Study
Conceptual scope; the study focused on how the National Land Policy of 1995 can be
implemented whereby the case of equitable distribution of and access to land in Mbeya
City was examined. NLP of 1995 is among the government policies that aim to regulate
land activities since land is a major resource.
Geographical scope; Isyesye ward was taken as a study area to evaluate if an equitable
land distribution has been observed during the process of accessing land by the citizens as
suggested by the NLP of 1995. Isyesye is among the administrative wards of Mbeya City
council and it was studied to evaluate the issues of equitable distribution of and access to
land among the land owners through different means to acquire land.
1.5 Significance of the Study
The study is expected to be important to various land stakeholders especially on the

issues of National Land Policy implementation; Different groups interested in the land
sector will be able to grasp knowledge on land ownership practices and its impacts on
different groups in the community.
To the government; the government will benefit from this research through realizing an
extent to which the National Land Policy of 1995 has been implemented especially in the
objective of equitable distribution of and access to land. The findings will help the
government to create more appropriate strategies that can reduce segregation in owning,
using and transferring land among its citizens.
To the public; the public will be in positions to know the extent to which members of the
society are able to access both urban surveyed and un-surveyed land without being
segregated by any reasons. People access to land is done through different ways such as
leasing, purchasing, inheritance, etc. The public can understand how different means to
access land can avoid segregation in access to land and ensure equitable distribution of
land as suggested by the NLP 1995.
4
To academicians; the study on the implementation of the National Land Policy in Mbeya
City, focusing on the case of equitable distribution of and access to land by all citizens
will be helpful to students in universities, colleges and institutes who are pursuing their
studies in land management. These academicians will understand ways in which a
national land policy can be put into implementation and achieve the intended objectives.
1.6 Research Methodology
The research methodology is a way to systematically solve a research problem in a given

context (Kothari & Guarav, 2014). Research methods are techniques used by researchers
in performing research operations; it includes techniques for studying research problem,
data collection and analysis (Mlowe, 2012).Therefore, research is conducted by following
certain predetermined methods which appear in an organized manner.
1.6.1 Research Approach and Design
The research design is a plan to conduct research (Creswell, 2009). There are two basic
approaches to research study and these include the qualitative research approach and
quantitative research approach1. Qualitative research is a means for exploring and
understanding phenomena from individuals or group of individuals whereby a
phenomenon is linked to human behavior and data are collected in participant's setting.
Qualitative research methods are such as a case study, grounded theory, phenomenology,
ethnography and discourse analysis. On the other hand, quantitative research is a means
for testing objective theories by examining the relationship among variables. The mixed
method approach employs both quantitative and qualitative approaches2.
This research employed the mixed approach of research whereby two research methods
were used to solve the problem; these included the case study and survey research
methods. A case study in this research was helpful in studying the equal distribution of
and access to land in urban surveyed and un-surveyed land. The survey method was
helpful during the collection of numeric data from the population using a sample;
therefore it helped to collect the information from the residents Mbeya City area.
1
Kothari & Guaravop.cit
2
Creswellop.cit
5
1.6.2 Unit of Analysis
The research was conducted within Mbeya City area whereby the population was the land
owners within Mbeya City. Isyesye ward was used as a study area to represent the land
owners within Mbeya City. The ward represents the whole City area since it is among the
36 wards of the City and it contains similar socio-economic characteristics if compared to
the remaining wards. The ward comprises of more than 10,800 total populations up to
2015 whereby the household’s size is 4.73.
1.6.3 Sampling and Sample Composition
A sample can be defined as the finite part of a certain population whose properties are
studied to gain information that will be generated to the whole4. Sampling is the process
which involves selection of any part of an aggregate on the basis of which generalization
is made5.
Sampling occurs in three categories which are random/probability sampling designs, non-
random/non probability sampling designs and mixed sampling designs. Random
sampling is categorized into simple random sampling, stratified random sampling and
cluster sampling. Non probability sampling includes quota sampling and mixed sampling
(Kumar, 2005).
The study on the implementation of the National Land Policy of 1995 in Mbeya City
focusing on the equitable distribution of land used purposive sampling whereby 52
respondents were selected from Isyesye ward, 50 of them were the land owners while
1respondet was the WEO and one last respondent was the official from the Mbeya City
council. Isyesye ward represents Mbeya City in the way that it is among the population
(administrative wards) of Mbeya City whose socio-economic characteristics seem to
similar.
3
Population and Housing Census, 2012
4
Creswell op.cit
5
Kothari & Guarav op.cit
6
Table 1.1: Data collection matrix
Data source Respondent Number of respondents
Mbeya City Land Office Land officers 1
Isyesye Ward Office WEO 1
Isyesye Area Land owners 50
Total Respondents 52
Source: Researcher’s Compilation (2016)
1.6.4 Data Collection Methods
In the quantitative approach of research, the methods to collect data are such as
experiments and surveys. On the other side, he qualitative research approach intends to
collect non-measurable information for instance attitudes, behaviours and perceptions6.
Data collected will depend on whether they are primary or secondary data. Primary data
are original and collected through observation method, interview method, questionnaires
method and schedules. Secondary data are the one which are already available in various
publications of the central, state or local government, publications of international and
local bodies, technical and trade journals, books magazines and news papers, reports, as
well as public documents, statistics and historical documents (Kothari & Guarav, 2014).
Secondary data can be termed as data that have been collected for another project and
have already been published (Mlowe, 2012).
This research collected both primary and secondary data. Both the interview method and
questionnaire method was helpful in gathering primary and original data while secondary
data was collected from various publications through documentary review from books,
reports, articles, papers, websites, policies documents, published government statistics
and journals.
6
Creswell op.cit
7
a) Interviews
The study involved collecting data by contacting the respondents face to face and
interacting with them through interview questions. Interview questions were prepared to
gather information from Mbeya City land office and from Isyesye Ward Executive
Officer. Questions based on the research problem and objectives to be covered by the
study. Interviews were administered through interview guide by interrupting the
respondents when he or she went out of the scope of the research and posing the follow-
up questions.
b) Questionnaires
These were the set of questions that were structured to gather information from selected
respondents in the study area. Questionnaires were used to collect data from a sample of
50 respondents who included the land owners from Isyesye ward area. Questions
structured consisted of multiple choices and other needed short answers to be filled by the
respondent. Questionnaires were administered through face to face approach because the
questions will be delivered directly to the respondents.
c) Documents review
In this method, the information was collected as a secondary source through different
published and unpublished materials. Different books, articles, reports, speech, papers
and other relevant literature on the topic of land distribution and access was used in order
to study what they wrote about. These literature also were important when establishing a
research gap between what the former researchers did and what this research has covered.
1.6.5 Validity and Reliability of Data
Validity consideration indicates the degree to which an instrument in research measures

what it is supposed to measure. Its relevance depends on the evidence from the nature of
the research problem and judgment of the researcher. Validity minimizes research
subjectivity during the studying period (Kothari & Guarav, 2014). Data validity was
helpful in the study of the equitable distribution of land in Mbeya City because it was
8
used to check and confirm the results before drawing the conclusion to produce scientific
results.
On the other hand, an instrument in research is considered reliable if it provides

consistent results whenever repeated7. In the study of equitable land distribution in
Mbeya City, reliability has been attained through adherence to both survey and case study
procedures together with crosschecking the data through documents review on the topic.
1.6.6 Data Analysis and Presentation
a. Data Analysis
Before analyzing data they must be prepared (since they are still raw) for analysis. The
preparation process involves various steps such as questionnaire checking, editing,
coding, classification, tabulations, graphical representation, data cleaning and data
adjusting (Kothari & Guarav, 2014).
Quantitative analysis of quantitative data involves the use of descriptive statistics with
two stages such as descriptive stage and data reduction in order to compute reading
comprehension and reading vocabulary scores and finally comparing them to the
normative data. The qualitative data analysis, on the other hand is subjected to a thematic
analysis since they deal with unquantifiable data. However, qualitative themes can be
quantified where themes scores are assigned and a number of responses may be counted
(Onwuegbuzie & Combs, 2013).
Qualitative data have been analysed inductively through text whereby Microsoft office
word was used. It involved categorizing themes according to where they relate to the
research objectives and building relationship. Quantitative data on the other hand was
analysed using content analysis whereby statistical computations was employed in
determining total figures, average scores and percentage scores; this was easily
simplified using Microsoft excel.
7
(Ibid)
9
b. Data Presentation
Data can be presented through a text in a table, or pictorially as a diagram, graphs and
charts. Any method among these can be appropriate to express and present research
information to a potential reader8. Data have been presented through different processed
texts, charts, figures, maps, tables and plates depending on the data collected.
1.7 Ethical Considerations

Ethics in research refers to the appropriateness of the behavior in relation to the rights of
those who become the subject of a given research work or who are affected by it; it is
important and should be observed in every research stage (Saunders & Lewis, 2009).
Research ethics tend to provide the guidelines for the responsible conduct of research.
Ethics in research cover aspects of authorship, plagiarism, conflicts of interest, data
protection and management and respect to the research subjects (Paul, 2003).
Ethical issues were considered in every aspect of this research. The aspects are such as
problem identification, authorship, data collection, data presentation and literature
review. During the formulation of the research problem the study considered the benefits
of the study to the respondents, in literature review the study tried to avoid plagiarism by
acknowledging the original authors, during data collection the study avoided harming the
respondents psychologically, physically, mentally or financially and in data reporting and
presentation only response rate was involved in data analysis.
1.8 Literature Review
A literature review is a text of a scholarly paper, which includes the current knowledge,
including substantive findings, as well as theoretical and methodological contributions to
a particular topic (Writing Center at UNC-Chapel Hill, 2014). Literature reviews discuss
published information concerning a given topic. They are generally secondary sources,
hence they don’t present new work or original experimental work done by researcher 9.
8
Statistical Services Centre, 2000. Informaive Presentation of Tables, Graphs and Statistics, The
University of Reading Statistical Services Centre.
9
Ibid
10
Different materials have been reviewed in this research in order to gain understanding of
what is land, land policy and equitable land distribution.
Land in this research is defined according to the section 2 of the Land Act No. 4 of 1999
of the United Republic of Tanzania to mean “the surface of the earth and the earth below
the surface and all substances other than minerals and petroleum forming part of or
below the surface, things naturally growing on the land, buildings and other structures
permanently affixed to land”. Since the study is held in Tanzanian context also the land
meaning will be according to the legal definition of land by Tanzania government laws.
Shivji (1994) defined a National Land Policy as a policy which informs the rules of land
tenure and land use. This definition shows that a land policy generally covers tenure
arrangement to landholders and aims to make supervision on land uses for various
purposes. The land policy is important because it helps in solving land related problems
such as land grabbing, land disputes, recognition of customary land rights, encroachment
of agricultural land due to urban expansion, lack of land information system and land
speculation
FAO (2016) explained about a land policy to mean the decisions and actions of
policymakers with regard to the use of land. It is concerned with the efficient allocation
of land uses in a given area regardless of being rural or urban land whereby each plot of
land should be employed to its highest and best use. A land policy aims to achieve
certain objectives relating to the security and distribution of land rights, land use and land
management, and access to land, including the forms of tenure under which it is held.
The author further provides that a land policy covers different areas of land management
such as a country’s system of land cadastre and land registers; legislation on private and
common property relations; regulatory control of land uses through spatial planning and
environmental law; permit requirements with respect to building houses or sitting
hazardous facilities; land taxes; interventions with regard to housing, farming, and other
land uses; and collective action with regard to natural resource management.
11
Silayo, Molen and Tuladhar (2008) showed that all National Land Policies address the
land problems faced by particular countries. It should provide guidance on land tenure,
land administration, management of resources, land markets, disputes settlement,
population growth, pressure on land resources, migrant population, informal settlements,
lack of tenure security and food insecurity.
Mearns (1999) argued that access to land is highly linked to poverty situation in the
economy of the country. The more equitable distribution of the operational holdings
creates more equitable patterns of demand that enhance the growth in the rural non farm
sector. It also reduces the bias in credit accessing and marketing opportunities.
Cotula (2006) explained that land reform that results in equitable land distribution is
helpful and fundamental in creating the foundation for the sustainable economic
development of the nation. Access to land resources by many people in the society
facilitates an access to major means of production hence creating more chance for
individual and national economic growth.
According to Braimoh (2015), land degradation can be controlled through ensuring an

equitable access to land by all land beneficiaries. Often what drive land degradation are
the question of social justice and the equitable distribution of resources. One of the most
prominent issues is the practice of land grabbing, a phenomenon increasingly driven by
the desire to secure land rights to the food and energy needs of foreign investors.
It is estimated that up to 63 million hectares have been allotted in land deals, or are under
negotiation in 27 countries in Africa. Other challenges of land governance include
corruption, inefficient land administration, and low capacity and demand for land
administration professionals.
Secure land rights are necessary for climate-smart agriculture, providing incentives for
local communities to manage land more sustainably. Customary land rights and gender
equality need to be recognized. Women as the primary subsistence producers are all too
often locked out of land ownership by customary laws. Fast, effective, and low-cost
12
approaches involving the use of satellite images, global position systems, and
computerized data management technologies to access, register, and administer land
rights are needed10.Therefore a success towards equitable access to land land ownership
brings a way towards land conservation.
1.9 Summary of Chapter

The first chapter of research has presented the brief background of the research problem,
statement of the problem, objectives of the study including the main objective and
specific objectives, research questions, the significance of the study and scope of the
study. The section further provides for ethical considerations, literature review and
research methodology which was applied during the research investigation.
10
Ibid
13
CHAPTER TWO
CONCEPTUAL FRAMEWORK

In this chapter, various concepts related to the main topic are clarified and explained. The
chapter gives overview on important concepts such as the meaning of land, categories of
land in Tanzania, the concept of a land policy, a study on the National Land Policy of
1995 and its implementation. Furthermore the chapter gives an overview of the equitable
land distribution and access in various countries especially in African countries.
Figure 2.1: The Conceptual Framework

Figure 2.1 above summarizes the access to land genesis in Tanzania. In the 1990s, the
country faced by the problems in the land sector which included land grabbing. The
presence of land grabbing in land sector necessitated drafting of the National Land Policy
so that it could be controlled. Later on, in 1995 the NLP was formulated and it addressed
the issue of equitable distribution of and access to land so that access to land by all
society groups can be fostered.
14
2.1 Definition of Land and Its Importance
Land can be defined in different ways and perspectives. It is an important resource to
human life. Below are various definitions of land depending on a given context together
with its importance.
2.1.1 Concept of Land
Land in general usage and to a layman can be understood as an area of the earth’s solid
surface that is owned by someone or a portion of the earth’s solid surface which is
distinguished by boundaries or ownership.
In economics discipline, the land has been defined to mean all natural occurring
resources whose supply is limited hence they have a general characteristic of being scarce
or fixed in quantity. Examples of land in this perspective include vital or precious mineral
deposits in the soil, forest resources, atmospheric quality and geostationary orbits. The
land is considered as any fixed resource that can be used in a production of goods for
human use. Classical economists further explain that land is among the four factors of
production and it is original and indestructible powers of soil (Fisher, 1987).
Other economists define land as nature, living and lifeless. It means all resources that
human gets free from nature. As a factor of production, land has peculiarities which
include; land is a gift of nature, land is fixed in size thus it cannot be created, land cannot
be destroyed and it lacks mobility.
Land may also be defined by land economists; in this case, land means any resource that
cannot be moved from its current site (Kooten, 2011). Therefore land should at least
being not capable of being moved without incurring a prohibitive cost that may be
infinite. From this land meaning, land resources comprise of agricultural land, forest land,
residential commercial and industrial land, recreational land water bodies such as lakes
and rivers, the waste land ( garbage dumps and hazardous waste sites) , and historical
sites and national monuments.
15
In legal aspect land means anything attached to it. The concept comes from the latin
maxim stating Quicquid Plantatur Solosolo Cedit11. Quicquid Plantatur Solo, Solo Cedit
is a Latin maxim which means whatever is affixed to the ground belongs to the ground.
From this translation, land tends to include both tangible and intangible things technically
being known as corporeal and incorporeal hereditaments.
According to the maxim, loose bricks are considered as chattels or movable or personal
property. Loose bricks do not form part of the land; however, if loose bricks are
cemented together and used to erect a house, the bricks become part of the land and get
converted to real property. Chattels which get converted to real property by operation of
the maxim are called fixtures12. Generally, land rights involve the interests in land which
can either be superior or inferior. Things that are permanently attached to land may
include forest resources, water bodies, improvements to land such as houses, minerals,
etc
Vitez (2009) defined land to mean an economic resource which comprises of natural
resources found within a country’s economy. Examples of such resources are such as
timber and associated products, soil, fish products, farms and any other natural resources.
The land is usually a limited resource for many economies because its supply is fixed, no
one can create land. Although some natural resources, such as timber, food and animals,
are renewable, the physical land is usually a fixed resource.
In Tanzania context, land is defined under the section 2 of the land Act number 4 of 1999
to mean the “surface of the earth and the earth below the surface and all substances
other than minerals and petroleum forming part of or below the surface, things naturally
growing on the land, buildings and other structures permanently affixed to land”. From
this definition, anything attached to land permanently is regarded as land but it excludes
petroleum and mineral resources which are controlled under the mining laws of the
United Republic of Tanzania.
11
Tenga, W. & Mramba, S., 2008. Manual for Land law and Conveyancing in Tanzania. Dar es salaam
12
Ibid
16
2.1.2 Significance of Land
AUC-ECA-AFDB (2010) provides that land is central to overall national development in

the African countries. Economic activities such as agriculture, industry (including
manufacturing and oil extraction) and the booming tourism industry are activities which
require access to land resources and security of tenure in order for them to grow. From
1950 to 1975, different policies were developed to address key land issues in North
African countries.
Generally, land policies were developed as part of national development plans. This trend
of land reforms was based on state interventionism and included: an expropriation of
former colonial lands; land redistribution in favour of poor landless peasants and
establishment of ceilings on maximum land ownership13.
According to Stilwell and Jordan (2004) land is regarded as basic for all economic
resources and it is a base for economic development. Land is important as it is used for
different purposes such as; agricultural purposes that are an integral to the production of
the means for subsistence, shaping how effectively cities function and who gets the
principal benefits from urban economic growth, its ownership determines the degree of
economic inequality and also housing issues are highly related to land ownership status.
Land as a factor of production is of immense importance in human life. The land is the
original sources of all material wealth. The economic prosperity of a country is closely
linked with the richness of her natural resources including the land resource. The quality
and quantity of agricultural wealth a country or any economic sector depends on nature of
the soil, climate, and rainfall. All these components form part of the land resource.
The industry also depends on availability of coal-mines or waterfall for electricity

production. Thus all aspects of economic life i.e. agriculture, trade and industry are
generally influenced by natural resources which are called as land in economics. The
13
Ibid
17
importance of land is therefore too much as it is influencing finally the standard of living
of the people14.
2.2 Categories of Land in Tanzania

Land categories vary from one country to another; some categorize land according to its
use while others may classify land for the purpose of management only, etc.
There are three categories of land for the purpose of management according to the section
5 subsection 4 of the land Act number 4 of 1999; these are General land, reserved land
and village land.
a) General Land
Under the section 2 of the land Act number 4 of 1999, general land" means all public
land which is not reserved land or village land includes un-occupied or unused village
land. According to Lovells (2016), the general land in Tanzania is managed under the
Land Act of 1999; a person who wants to occupy land can apply to the respective
authority such as city council, municipal council, district council or town council. Later
on, he or she will be issued with the granted right of occupancy for the term between 33
and 99 years under the given conditions.
b) Village Land
Village land according to section 2 of the Land Act number 4 of 1999 means the land
declared to be village land under and in accordance with section. 4 of this Act and
includes any transfer land transferred to a village.
According to Lovells (2016) the village land is governed by the village land Act No.5 of
1999. The Act recognizes the rights in land to villagers under the customary law. Village
land can include the communal land and the land that has been individualized. Villages
have rights to the land that their residents have traditionally used and that are considered
within the ambit of village land under customary principles, including grazing land,
fallow land and unoccupied land.
14
http://agriinfo.in/?page=topic&superid=9&topicid=194
18
According to Hayuma (2006) Village lands are all lands that fall under the jurisdiction of
existing registered 10,832 villages in the country which constitutes nearly 70% of all
lands in Tanzania.
c) Reserved Land
Reserved land as defined under section 2 of the Land Act number 4 of 1999 means land
referred to in section 6 of this Act. According to Hayuma (2006) reserved lands are such
as forest areas and wild life areas and they constitute about 28% of all lands in Tanzania.
According to TIC, reserved land includes areas reserved for forestry, national parks or
public recreation grounds15.
2.3 Concept of Land Policy

Darin-Drabkin (1977) the term policy means a set of measures that aim to achieve the
goals formulated by the public authorities. The goals and measures are influenced by the
social and economic structure of a country and by the level of development. The land
policy especially urban land policy forms part of urban development. The development
policies help to mobilize the resources of the country so that it can achieve socio-
economic objectives. In order for a country to achieve in socio-economic aspect, it must
create a land policy that focus on economic land uses. Land policies should seek to solve
problems emanating from the level of socio-economic development, urbanization rate
and historical background.
According to EU Task Force on land Tenure (2004) land policy can be defined as
framework that aims to achieve certain objectives which will ensure the security and
distribution of land rights, land use and land management at large, it also aims to increase
access to land by majority in the community given through clear forms of tenure under
which it is held. A land policy should define the principles and rules governing property
rights over land and the natural resources it bears as well as the legal methods of access
and use, and validation and transfer of these rights.
It details the conditions under which land use and development can take place, its
administration, that is, how the rules and procedures are defined and put into practice, the
15
http://www.tic.co.tz/menu/274?l=en
19
means by which these rights are ratified and administered, and how information about
land holdings is managed. It also specifies the structures in charge of implementing
legislation, land management and arbitration of conflicts.
Land policy is contained in texts issued by governments, and is further developed through
legislation, decrees, rules and regulations governing the operation of institutions
established for the purposes of land administration, the management of land rights, and
land use planning. To be effective, land policy must propose a practical and coherent set
of rules, institutions, and tools, which are considered both legitimate and legal, and are
appropriate for different context and interest groups.
2.4 National Land Policy of 1995
According to Tenga & Mramba (2008), the National Land Policy of 1995 in Tanzania
originated in the liberalization error in the 1990s. The liberalization error aimed to create
a friendly environment that will facilitate the free market and which will encourage
investors both foreign and local ones. Due to land tenure problems in the country a
presidential commission was formed in order to scrutinize land issues and suggests
recommendations as the way forward. The presidential commission identified the
problems which were facing the land sector, these were such as conflicts between granted
right and customary right of occupancy, shortfalls that rose from villagization
programme, persisting land disputes, land speculation, over control of land by the state
and inadequate compensations.
Later on, the commission proposed recommendations which will address the problems in
the land sector. The suggestions were such as to diversify radical title in order to remove
monopoly power of the state over land hence land was proposed to be governed by the
Board of commissioners in trust for the use and benefit of all Tanzanians.
The Presidential commission also suggested that land should be constitutional category
because it is an important resource and when it was to be acquired it should pass through
due process of the law, the National land Commission was to be politically accountable
to the National Assembly (political trust) and it was also to be legally accountable to the
people of Tanzania, the village lands were to be under the respective village assemblies
20
in trust for the use and benefit of the villagers and it was inalienable to outsiders and
finally to the national lands two forms of tenure were suggested, that is the customary
right of occupancy for village lands and granted right of occupancy for urban and semi
urban lands.
The government accepted some recommendations while others were rejected. For
instance land being constitutional category and diversification of the radical title were
rejected. Also, the village land to be vested under Village Councils instead of Village
Assemblies was recommended, the principal land officer is the Commissioner for land
and not the National Land Commission and Board of Land Commissioners. Presidential
commission’s report formed the basis for the formulation of the National Land Policy
(1995) which aims to solve problems that arises from land sector in the country.
According to Sundet (2004), Tanzania received the National Land Policy in June 1995.
The general objective of the land policy was to promote and ensure secure land tenure
system, encourage the optimal use of land resource and facilitate broad-based socio-
economic development without affecting the environment. Also the policy was to address
the specific objectives such as to promote an equitable distribution of and access to land
by all citizens, to ensure the existing rights in land are recognized, clarified and secured
in law and to set ceilings on land ownership which later be translated into statutory
ceilings to prevent or avoid the phenomenon of land concentration (i.e. grabbing).
It also intended to ensure that land is put into its most productive use to promote rapid
social and economic development of the country, to modify and streamline the existing
land management systems and improve efficiency of land delivery systems, to streamline
the institutional arrangements in land administration and land dispute adjudication and
also make them more transparent, promote sound land information management and to
protect land resources from degradation for sustainable development.
2.5 Implementation of the National Land Policy

Any policy in a country can be implemented through different approaches depending on
its suitability. In Tanzania, the common approaches to implement a land policy include
the use of action plans, enacting legislations and establishing different programs.
21
Example the national land policy of 1995 in Tanzania has been implemented to a certain
extent through enacting the land Act number 4 of 1995 and the Village Land Act number
5 of 1999. The land policy also has been implemented through Strategic Plan for
Implementation of New Land Laws (SPILL I and SPILL II).
Furthermore the land policy implementation can be facilitated by administrative and

Institutional Reforms including decentralization. Example the decentralization of land
administration activities services to the local government levels such as district council,
town council, municipal council, city council, etc.
i. The Land Act No.4 of 1999
This Act was enacted by the parliament of the United Republic of Tanzania in 1999 to
administer both general and reserved land. This land Act provides for fundamental
principles of the land policy, Classification and tenure of land, land administration
structure, Rights and incidence of land occupancy, administration of granted rights of
occupancy, conversion of interests in land and sale of right of occupancy. According to
Sundet (2004), generally the land Act provides guides on the following;
The oncentration of powers in the Ministry; Arguably, the Land Act settled all previous
conflicts between the Ministry of Lands and Local Authorities firmly and unambiguously
in favour of the Ministry. The Act clearly states that only the Ministry, through the
Commissioner of Lands, has the authority to issue Grants of Occupancy (Section 14).
The provisions for a market in the land; for a holder of a Granted Right of Occupancy
wishing to sell, there is still less evidence of anything approximating an open land
market. Generally, the Act provides that: “Unless otherwise provided for by this Act or
regulations under this Act, a disposition of a right of occupancy shall not require the
consent of the Commissioner or an authorized officer” (Section 36 (2)).
Women’s rights to land; Land Act states as one of its fundamental principles that: The
right of every woman to acquire, hold, use, and deal with, land shall to the same extent
and subject to the same restrictions be treated as a right of any man (Section 3 (2)).
22
Conflict resolution; Section 167 is the only one in the Land Act dealing with dispute
settlement, and it does no more than define which courts have jurisdiction of land cases.
These are in descending order, the Court of Appeal, the Land Division of the High Court,
the District Land and Housing Tribunals, the Ward Tribunals and the Village Land
Councils.
All these facts help to solve the problems in land which pre existed in 1990s and were
identified by the National land policy of 1995.
ii. The Village Land Act No. 5 of 1999

This is an Act to provide for the management and administration of land in villages, and
for related matters. It was also enacted by the parliament of the United Republic of
Tanzania in 1999 to administer land located in rural areas and categorized as village land.
As the land Act do, the village land Act also implements the national land policy of 1995
through providing the following;
Registration and adjudication of customary rights
Before the Presidential Commission of Inquiry into Land Matters and the national land
policy of 1995, it was recognized that one of the main weaknesses of customary rights
against granted rights is that the former are not formally documented. Both the
Presidential Land Commission and the National Land Policy recognized that formal
registration of the customary rights is much needed. The problem, of course, lies in the
way in which registration is brought about, what will be the privileges and limitations of
the registered rights and how the rights will be administered.
The procedure the Village Act lays down for registration and issuing of Certificates of
Customary Right of Occupancy bears a striking similarity with the procedure for issuing
Granted Rights of Occupancy. Therefore the village land Act has implemented the
National Land Policy through solving the former problem of non recognition of
customary land rights.
Conflict resolution
The Village Land Act under section 60 also makes special provisions for the
establishment of a Village Land Council in order to mediate between and assist parties to
arrive at a mutually acceptable resolution on any matters concerning village land.
23
iii. SPILL
According to Hayuma (2006), SPILL is the Strategic Plan for Implementation of the New
Land Laws. The Preparation of Strategic Plan for Implementation of New Land Laws
(SPILL) 1999 was completed in April, 2005 by the Consultants, engaged by the Ministry
of Lands with the financial support of the European Commission. SPILL aimed to
implement the new land laws that have been enacted to solve problems in the land sector
which were formerly addressed by the National Land Policy of 1995.
The tools for implementing the National Land Policy are accessible through different
approaches. The NLP can be implemented through participatory approach whereby all
citizens in the given locality are invoved and also a top down approach may be used, this
is done specifically by the government itself. Therefore the tools for implementing NLP
may be accessible through the government both local and central government and
through people’s participation.
2.6 Ways of Accessing Land
Acquisition of land rights may differ from one culture to another or from one country to
another country. Land can be acquired through means such as informal sale which is
common to many African societies where land markets are not well developed since land
parcels are unregistered, allocation by authority especially for surveyed land, leasing and
transfer from relative (Asperen, 2014). There are several ways through which a person or
corporate body can acquire land, they include the following ways; by cultivation, by
purchasing, by inheriting and as a gift (Tenga & Mramba, 2008). The following are
clarification of some of the common ways to access land;
2.6.1 Access to land by Cultivation
In this method, one can acquire land by cultivating it frequently for a certain period of
time. The local people can access the commons land by cultivating the empty vacant land
(Yanagisawa, 2015). Land can be acquired through clearing virgin lands or forests; this
has been a practice for sometimes in Mozambique (Wanyeki, 2003). Farmers cultivate
different crops on land; they may be annual crops such as maize, rice, millet etc or
24
perennial crops such as tea, coffee, cotton, etc. Cultivation of land for a long time by a
single peasant/farmer results into the legal rights for particular person to occupy
particular land.
2.6.2 Access to land by Purchasing
Land can be acquired through exchange of rights in land to the market between willing
buyer and willing seller. Land markets facilitate land acquisition among people in the
country. People who are willing to dispose their land, they use real estate agents or by
themselves they transfer interests in land so that they can gain profit. Generally, land
markets bring together different stakeholders in land who intends to conducts transactions
in land.
Land purchasing in African societies may help an acquisition of freehold rights in land
especially if native areas are involved (Pallotti & Tornimbeni, 2016). In attempting the
promotion of land rights to indigenous people in Africa after independence of Africans,
africanisation of land ownership was emphasized in Kenya to increase people’s
participation in food production. Access to land by Africans was facilitated by land
purchase to transfer land rights (Kanji & Braga, 2012). Therefore purchasing land enables
someone to access land.
2.6.3 Access to land by Inheriting from One’s Elder
An estate in land can be transferred from can be transferred from one generation to
another generation. One can acquire land from his relative being his father, mother or
otherwise. In most African societies, land is inherited from one person to another within
the same clan or family.
Inheritance is recognized as way to access land under customary law whose tenure in
most cases applies in villages. The death of the land owner brings a chance to the next of
kin to occupy the land left by his or her ancestor.
According to McAusian (2013), land in East Africa region seemed to be a prerogative of

men and the land rights are inherited from father to son. The girls were excluded from
25
inheritance of family land. As time goes, the reference was made to the inheritance law
enacted in 1999 and it gives all legitimate children under civil law opportunity to inherit
property equally without any discrimination between men children and female children.
2.6.4 Access to land by Authority Allocation
Central and local government’s authority can allocate land through the land allocation
committee. On the other hand, the allocation authority can be the chief, villager headman
or chairperson. In most cases, the land allocation by the respective authority is
accompanied by some restrictions. The restrictions include the terms and conditions
under which the allocated land can be held by the land occupier.
In Tanzania, government land allocation is conducted after passing into the legal
procedures. First, the land is acquired from the former owners whereby compensation is
paid depending on the land value. Second, the planning department plans the layout of
the area as the proposal to the new town plan. The surveying department then tends to
implement the plan by showing demarcations on site. After surveying the plots are
allocated to applicants through land form number 19 or allocation by the government
allocation committee.
2.6.5 Access to land by clearing the Virgin Forest
This method involves cutting down of the vacant areas and occupying them. The one
who becomes first to clear and settle on the land is given priority in determining instances
of ownership. Essentially the clearing of virgin forest is a crucial way of acquiring some
form of permanent rights over land. Even grants were dependent on the cultivation of
permanent crops or the construction of structures with a high degree of attachment to the
soil before permanent rights could evolve.
The clearing of forests is also means to access land as judged in the case of Silanga
Kimenanga versus Mevongori Mosoni (Tenga & Mramba, 2008). In this case, it was
stated that under local customary law land belonged to the first person who, actually
cleared it unless he had abandoned his rights thereto completely.
26
2.6.6 Access to land through Deed of Gift
Customary law recognizes granting of land as a gift among people subject to certain
formalities, (Tenga & Mramba, 2008). The gift of land may be treated as a gift for a
limited or unlimited interest unless there is evidence of compliance with the three
formalities necessary to establish an outright gift. This way involves a transfer of interests
in land from one person to another person through his or her own will. Usually it does not
involve any payments for exchange since in most cases it involves exchange of land
rights between closely related people such as relatives.
Once a virgin land is accessed for farming, the land owner (family) cannot be evicted
from particular land instead it can be passed to family heirs as gift (Delville, 2001). In
West African societies access to land for a new comer in the respective area was
previously allocated or granted by the gift of uncleared forest16.
According to (Tenga and Mramba, 2008), land can be acquired as a gift as substantiated
in the case of Herbert Rugizibwa s/o Ruhorana vs. Mushumbusi s/o Mavesi on Haya law,
the appellant claimed the return of a piece of land given by his father around 1906 to an
ancestor of the infant defendant. The Appellant alleged that the gift was not an outright
gift but only of limited interest in the land and therefore recoverable. The evidence,
which was accepted by the Court, of formalities necessary to pass absolute title by gift
was set out in the judgment.
The judgment was that, it is clear that the presumption is that a gift of land in the
circumstances of this case must be treated as a gift for a limited interest only unless there
is evidence of compliance with the three formalities necessary to establish an outright
gift. These formalities were: - (a) the giving of buhaisa by the donee to the donor; (b) the
sharing in the buhaisa by someone who witnessed the giving thereof; and (c) the showing
16
International Institute for Environment and Development (2006), Changes in access to land in west
Africa: Markets, Social Mediations and Public policies
27
of the boundaries of the land by the donor to the done17. Therefore, compliance with
formalities makes it legal for the transfer of interests in land.
2.6.7 Procedures of access to land by Foreigners

Foreigners are not allowed to own land, save for investment purposes. To access land by
foreign companies must acquire it via the auspices of TIC (Evans, 2014). Once the
foreign company ends its investments, the land is brought back to TIC where it can be
later allocated to another investor (Delmon & Delmon, 2010). Under section 20-(1) of the
Land Act, the law provides that a non-citizen of Tanzania shall not be allocated or
granted land unless it is for investment purposes under the Tanzania Investment Act,
1997. It is intended that land for investment purposes will be identified, gazetted and
allocated to the TIC by way of right of occupancy.
The TIC will, in turn, grant derivative rights to foreign investors owning foreign
companies (German, et al., 2011), (Dietz, et al., 2014). The Act does not restrict other
forms of acquisition of land rights by non-citizen such as purchases from the government
through auctions or tenders or from the (PSRC) in the process of privatization of public
enterprises. Therefore land cannot be accessed by the non-citizen in Tanzania unless it is
for investment purposes only as derivative rights in land.
Access to land by foreign investors must be accompanied with the fulfillment of several
requirements at the TIC. In the beginning process, a certificate of incentives is prepared
after meeting the TIC requirements of investing at least $ 100,000 for projects which are
wholly owned by Tanzanians and $ 300,000 for projects owned by foreign investors or
joint venture (Sulle & Nelson, 2009).
Generally the steps involved are such as; first, the investor should introduce the business
idea to TIC where the business is registered and investment capital is verified, TIC then
provides the certificate of incentives. Second, the investor is required to visit district
where there is an appropriate quantity and type of land in order to carry out formal land
17
Ibid
28
survey. Third, the surveyed land is registered at the MLHHSD. Four, the investor’s
agricultural project is registered and approved by the Ministry of Agriculture. Finally, the
investor applies for a derivative right of occupancy from TIC18.
2.7 Equitable Land Distribution and Access
2.7.1 Meaning of access to land and Land Distribution

The term access means the opportunity to use or look on something19. In other words, the
term access means the ability, right or permission to approach, enter or use something in
a given arrangements20. Access to land is the processes by which people, individually or
collectively, gain rights and opportunities to occupy and use land resources (primarily for
productive purposes but also other economic and social purposes) regardless of whether
on a temporary basis or permanent basis (Cotula, et al., 2006).
The term distribution in economic terms means spreading the product throughout large
place so that many customers can access21. The term distribution on its basic level refers
to the allocation or division of something between multiple persons or entities
(Nollkaemper & Jacobs, 2015). Land distribution can therefore be defined to mean the
allocation of land resource among citizens in the country. It can be done by the
government, by market forces of demand and supply, or by traditional ways.
2.7.2 Meaning of Equitable Access

The term equity implies that all people should obtain equal justice. Interpretation of
equitable provides that it means fairness whereby justice, unbiasness and legitimate are
observed (Orakhelashvili, 2008). This term is based on two prevailing principles: public
trust doctrine and the principle of permanent sovereignty over natural resources. The first
principle has a perspective that the right to environmental and natural resources including
land be ensured and also that the access and right of commons to the conservation and
promotion of natural resources like air, water, land and forest and sites of historical,
religious and cultural importance should be ensured (Gautam, 2010).
18
Ibid
19
http://dictionary.cambridge.org/dictionary/english/access
20
http://www.dictionary.com/browse/access
21
http://economictimes.indiatimes.com/definition/distribution
29
In order to maintain equitable access, individual should participate in any decision-
making process related to conservation, management and sustainable use of those
resources which they are concerned about. Equitable access can be realized only after
acquiring access to decision-making process, information and justice22.
2.7.3 Concept of Equitable Distribution of and Access to Land
Zagem (2011) explained that access to land seems to be critical for small scale food
producers in an economy. Landless may occur if there is lack of access to land which
may be associated with losing the opportunities for development. Poverty reduction and
human rights can be hindered by land grabbing that may accelerate land inaccessibility.
Therefore secure access to land ownership is associated with reductions of poverty in the
economy both in micro and macro levels. The evidence shows that the countries that
attained more equitable distribution of land achieved more growth rates of welfare than
the countries without equitable distribution of land23.
According to Reddy (2009), there is a link between access to land, land markets and
poverty. Barriers to access land in a country depend highly on equitable land distribution
which in turn affects country’s economic performance. Rights on land are closely
determined by the access to land resources, more equal access to land provides equal
rights over land use, ownership and transfer (bundle of rights).
According to Boyce, Rosset and Stanton (2005), an access to land can be the cornerstone
for sustainable rural development. The land is an important asset in most of the economic
activities including agriculture. An easy access to land can make it easy to conduct
activities on it which helps sustain human life. Therefore access to land needs to be
incorporated into any land reform in order to capture its importance.
Land reform can be defined to mean the reallocation of rights to establish a more
equitable distribution of farmland – can be a powerful strategy for promoting both
22
Ibid
23
Ibid
30
economic development and environmental quality. Across the globe, small-scale farmers
consistently tend to grow more output per acre than large farms. At the same time, when
small family farmers hold secure land rights, they tend to be better environmental
stewards, protecting and enhancing soil fertility, water quality, and biodiversity24.
According to Braimoh (2015), land degradation can be controlled through ensuring an

equitable access to land by all land beneficiaries. Often what drive land degradation are
the question of social justice and the equitable distribution of resources. One of the most
prominent issues is the practice of land grabbing, a phenomenon increasingly driven by
the desire to secure land rights for the food and energy needs of foreign investors. It is
estimated that up to 63 million hectares have been allotted in land deals, or are under
negotiation in 27 countries in Africa. Other challenges of land governance include
corruption, inefficient land administration, and low capacity and demand for land
administration professionals.
Secure land rights are necessary for climate-smart agriculture, providing incentives for
local communities to manage land more sustainably. Customary land rights and gender
equality need to be recognized. Women as the primary subsistence producers are all too
often locked out of land ownership by customary laws. Fast, effective, and low-cost
approaches involving the use of satellite images, global position systems, and
computerized data management technologies to access, register, and administer land
rights are needed25. Therefore a success towards equitable access to land ownership
brings a way towards land conservation.
2.8 Land Distribution and Access in Some African Countries

2.8.1 Land Distribution and Access in Nigeria
According to Samsa (2012), in Nigeria there exists a large informal land market, which is
both vibrant and riddled with problems. Many commentators claim this is a direct result
of the adoption and implementation of Nigeria’s Land Use Law of 1978, which is now
under review. The Land Use Law is the country’s foundational piece of land legislation.
It aims to achieve a more equitable distribution of and access to land rights for all
24
Ibid
25
Ibid
31
citizens, while also facilitating greater government control over land use and
development and reducing land conflicts.
2.8.2 Land Distribution and Access in Botswana

According to Mothibi et al (2011), the Government of Botswana has undertaken the land
reform. It has identified an improved Land Administration system as a prerequisite for
economic development that has the potential to diversify its economy, contribute to the
economic empowerment and increased job opportunities for the people in the rural areas.
Systematic adjudication of rights in tribal land must be observed. When land is on the
agenda the society at large is consulted to ensure that they are part of the effort to make
equitable land distribution a reality and ensure that no sector of the population is
rendered landless. In the preparation for adjudication a number of relevant legislation,
policies and related documentation become reviewed to ensure compliance with their
requirements26.
2.8.3 Land Distribution and Access in Ethiopia

According to Kebede (2006), In Ethiopia there are two either explicitly or implicitly and
widely accepted ideas about the land distribution which were realized after the land
reform of 1975. First, land distribution in rural Ethiopia is highly equitable, for example
compared to other African countries where private ownership exists. Second, the land
distribution pattern currently observed is basically explained by what happened after the
reform; hence, pre-reform tenures do not help us understand post-reform land
distribution. The evidence shows that a land policy in a country brings an emphasize for
equitable land distribution.

The chapter provides the important concepts used in the research, it gives an overview of
the main ideas such as land, categories of land in Tanzanian context, the National Land
Policy of 1995 together with its implantation and ways of accessing land. It also explains
26
Ibid
32
the concept of equitable distribution of and access to land as provided by the national
land policy together with the experience in some African countries.
33
CHAPTER THREE
EQUITABLE DISTRIBUTION OF AND ACCESS TO LAND IN

MBEYA CITY

This chapter aims to express the details on the study area including its background
information. Mbeya City area background’s information is provided together with details
on the geographic location, climatic condition of the area and economic activities. The
implementation of the National Land Policy of 1995 is clarified in this chapter and the
aspect of equitable distribution of and access to land in Mbeya City is discussed. The
details depend on the answers to the preset questionnaires and interview guide to the
respondents which are in line with the research objectives.
3.1 Mbeya City

3.1.1 Background Information
Mbeya City is the capital of Mbeya region and indeed a business centre for South West
Highlands Regions. It forms the largest urban settlement in Mbeya region. It is situated at
an altitude of 1,700 meters (5,500 ft) and sprawls through a narrow highland valley
surrounded by a bowl of high mountains. In history, the area of Mbeya City composed of
a native tribe known as Safwa. Currently, the area is composed of a high mixture of tribes
due to immigration to the area. These tribes include the Safwa, Nyakyusa, Nyiha, etc all
being agricultural peoples.
Historically Mbeya City area development was influenced by the gold rush of 1905. That
rush which laid a foundation to Mbeya to be recognized as a gold mining town. The main
infrastructures including TAZARA railway line (1860 Kilometers) commissioned in
1975 became an attracting factor to the farming migrants and small entrepreneurs to the
area. Mbeya was previously administered by the British in colonial times as part of the
Southern Highlands Province until 1961 when Mbeya Region was created.
Mbeya City is now a growing metropolis and business centre for the southern regions
such as Rukwa, Ruvuma, Iringa, Njombe and Rukwa together with the bordering
34
countries of Malawi, Zambia and Democratic Republic of Congo. The City is well
connected with an all-weather road that forms part of the Great North Road running from
Cape Town in South Africa to Alexandria in Egypt.
3.1.2 Geographical Location of Mbeya City
The area is located along 8°30’ latitudes South and 34°00’ longitudes East. Mbeya City
area is located within Mbeya urban district which is among six districts of Mbeya region
in South Western Zone of Tanzania. It is bordered to the North by the Mbeya rural
district, to the South by Ileje district, to the West by Mbozi district and to the East by
Rungwe district. Mbeya City comprises of thirty six wards whereby Isyesye ward is
among them.
Plate 3.1: Map of Mbeya City Area

Source: Google maps
3.2 Population, Economic Activities and Climatic Condition of Mbeya City
3.2.1 Population
According to Population and Housing Census (2012), Mbeya City consists of the total
385,729 people whereby male population is 182,620 and female population is 202,659.
This population is consists of all thirty six (36) wards of Mbeya City such as Sisimba,
35
Iganzo, Isanga, Mwansekwa, Itagano, Itezi, Nsalaga, Igwilo, Iganjo, Uyole, Iduda,
Mwasanga, Tembela, Ilomba, Mwakibete, Ilemi, Isyesye, Ruanda, Iyela, Sinde, Maanga,
Mbalizi road, Forest, Mabatini, Nzovwe, Kalobe, Iyunga, Iwambi, Itende, Iziwa, Nsoho,
Majengo, Ghana, Nonde, Itiji and Maendeleo. The sex ratio is 90 and the total average
household size is 4.2.
The average population growth rate per year is 2.7 % and it has experienced significant
growth in recent years. The age-sex structure generally shows that females are more than
males for more than 98%. Therefore the population structure in Mbeya City comprises
more women and it is pyramid in shape as the young population is high compared to
other age groups. The following figure illustrates the population size in Mbeya City area.
230000
220000
210000
Number of people
200000
190000
Male
Female
Gender
Figure 3.1 Population of Mbeya City

Source: Population and Housing Census (2012)
The figure above depicts the total population of Mbeya City in terms of sex composition
in 2012. Male population size is lower than female population size whereby men are
182,620 as projected to 203,156 and women are 202,659 as projected to 225,449 in year
2016.
36
Table 3.1 Population of Mbeya City Council by Sex, Average Household Size and Sex Ratio
S/N WARD TOTAL MALE FEMALE AVERAGE SEX
POPULATION HOUSEHOLD RATIO
SIZE
1 Sisimba 4,574 2,273 2,301 4.2 99
2 Isanga 12,578 6,045 6,533 4.1 93
3 Iganzo 16,035 7,671 8,364 4.3 92
4 Mwansekwa 2,006 977 1,029 4.0 95
5 Itagano 1,948 879 1,069 4.0 82
6 Itezi 20,519 9,605 10,914 4.3 88
7 Nsalaga 21,129 9,984 11,145 4.3 90
8 Igawilo 19,245 8,823 10,422 3.9 85
9 Iganjo 9,675 4,599 5,076 4.1 91
10 Uyole 12,841 5,945 6,896 4.1 86
11 Iduda 4,624 2,159 2,443 4.0 89
12 Mwasanga 1,051 489 562 3.6 87
13 Tembela 2,596 1,263 1,333 4.2 95
14 Ilomba 37,847 17,801 20,046 4.4 89
15 Mwakibete 25,941 12,342 13,600 4.3 91
16 Ilemi 29,859 14,289 15,570 4.7 92
17 Isyesye 8,866 4,074 4,792 3.8 85
18 Ruanda 24,393 11,345 13,048 4.4 87
19 Iyela 35,191 16,880 18,311 3.9 92
20 Sinde 7,803 3,732 4,070 3.9 92
21 Maanga 7,655 3,543 4,112 4.7 86
22 Mbalizi road 6,725 3,691 3,034 4.0 122
23 Forest 7,397 3,378 4,019 4.0 84
24 Mabatini 8,249 3,906 4,343 4.5 90
25 Nzovwe 25,473 12,040 13,433 4.3 90
26 Kalobe 14,663 6,881 7,782 4.3 88
27 Iyunga 16,717 7,996 8,719 4.8 92
28 Iwambi 13,780 6,680 7100 4.6 94
29 Itende 3,882 1,989 1893 4.6 105
30 Iziwa 3,533 1,604 1,929 4.0 83
31 Nsoho 2,024 975 1,049 4.0 93
32 Majengo 3,687 1,739 1,948 3.4 89
33 Ghana 5,434 2,522 2,912 4.1 87
34 Nonde 2,768 1,322 1,446 3.8 91
35 Itiji 4,707 2,198 2,509 4.3 88
36 Mandeleo 3,191 1,496 1,694 3.7 88
Source: Population and Housing Census (PHC), 2012 as projected to 2016 using 2.7% annual growth
rate
The table 3.1 above shows the number of people in a given ward of Mbeya City together
with its average household size and sex ratio.
37
3.2.2 Economic Activities
The area acts as the centre for many districts within Mbeya region, also a centre for
Southern highlands regions together with the neighboring countries, the area supports a
lot of trading activities supported by banking activities where different financial
institutions are situated. They include Bank of Tanzania (BOT), National Microfinance
Bank (NMB), Commercial and Rural development Bank (CRDB), Tanzania Investment
Bank (TIB), National Bank of Commerce (NBC), etc. Different people from different
areas meet to exchange goods and services from different places.
Mbeya City also supports industrial activities most of which being located in Iyunga
industrial area. They include Tanzania Breweries Limited (TBL) industry, Afri Bottlers
Company (Coca-Cola Company) factory for soft drinks, SBC Tanzania ltd (Pepsi Cola
Company), etc
In some areas of the Mbeya City, the residents are practicing urban agriculture in low
land areas and river valleys. Some of the crops which are cultivated are such as
vegetables, tomatoes and cereals such as maize to some areas around the City. All these
contribute to the income of people within the area and provide food.
To some extent the city attracts tourism activities since it has various rock and cave
painting sites. Many of the rock sites are still undocumented by the Antiquities
department. The cooler and mountainous climate in the town tends to attract locals from
other parts of the country and foreigners for the game watching and trout fishing. The
local government has begun trying to widen tourism beyond animal and wild game
viewing, and have invested in producing better maps and developing a local tourist
center.
3.2.3 Climatic Condition
Mbeya City area is located along the subtropical highland climate that comprises of
humid summers season (August to November) and dry winters season (May to July) in a
year. The area experiences rainfall between December and April months. The general
range of temperature is between −6 °C in the highlands and 29 °C on the lowlands. The
38
weather condition from June until October is dry and cold. The heaviest rainfall season
occurs during the months between December to March.
Annual
December
November
October
September
MONTHS
August
July
June
May
May
March
February
January
0
10
20
30
40
TEMPERATURE IN DEGREES OF CENTIGRADE
Figure 3.2 Average Temperatures (°C)
Source: (Weatherbase, 2016)
The figure 3.2 above summarizes the average temperature and precipitation in Mbeya,
generally, the average low temperature is 11 degrees of centigrade and the average high
temperature is 23 degrees of centigrade.
39
200
AVERAGE PRICIPITATION (MM)

180
160
140
120
100
80
60
40
20
0
MONTHS
Figure 3.3 Precipitations in Mbeya City (mm)
Source: (Weatherbase, 2016)
The figure 3.3 above highlights the average precipitation in Mbeya City area; it shows
that there is high rainfall in December, January, February, March and April while the
remaining months have very low precipitation.
The area around Mbeya City especially Rungwe district enjoys abundant and reliable
rainfall in most seasons of the year which stimulates economic activities such as
agriculture on the rich volcanic soils. Average rainfall per year is around 900 mm and the
rainy season is from March to May.
3.2.4 Infrastructures in Mbeya City
Mbeya City area can be reached through tarmac road on the highway 850 kilometers
from Dar es Salaam and which runs to South African countries also. The area is also
accessible via TAZARA railway line from Kapirimposhi Zambia to Dar es Salaam
Tanzania. It also connects to the rests of Tanzania through Songwe International airport
40
which started to operate in December 2012 and it is one of the major four airports
available in Tanzania.
3.2.5 Ethnic Composition
The area of Mbeya City comprises of several ethnic groups. It contains several people
who are highly interacted among themselves. The ethnic groups in Mbeya City is affected
by the tribes within Mbeya region which are Nyakyusa in Kyela and Rungwe Districts,
Safwa and Malila in Mbeya District, Nyiha and Nyamwanga in Mbozi District, Ndali in
Ileje District, Bungu and Kimbu in Chunya and Sangu in Mbarali District. All these tribes
interact at the city centre together with other people from the rest parts of the country to
form new culture within Mbeya City area.
3.2.5 Education Activities
There are different institutions for education activities including primary schools,
secondary schools, colleges and universities. The higher learning institutions are such as
Teofilo Kisanji University which is owned by the Moravian church in Tanzania, Mbeya
University of Science and Technology (MUST) formerly known as Mbeya Institute of
Science and Technology (MIST) and Mzumbe University (MU) Mbeya campus situated
near Bank of Tanzania. Both Mzumbe University and Mbeya University of Science and
Technology are public universities owned by the government of the United Republic of
Tanzania.
3.3 Description of Isyesye

3.3.1Background of Isyesye
Isyesye is among thirty six administrative wards of Mbeya urban district in Mbeya region
which comprises three sub-wards known as Vingunguti, Mwantengule and RRM. It is
bordered to the north by Mwansekwa ward, to the South by Uyole and Ilomba ward, to
the West by Ilemi and Ilomba ward and to the East by Itezi ward.
41
Plate 3.2 Map of Isyesye Showing Sub-ward Boundaries
Source: Isyesye WEO (2016)
3.3.2 Location and Accessibility of Isyesye Area
Isyesye is located 8 Kilometers away from Mbeya Central Business District (CBD), it is
accessible through Sokomatola – Uyole tarmac road via Ilomba ward areas. The ward is
42
found along TAZARA railway line running from Dar es Salaam to Zambia. The specific
geographical position for Isyesye ward in Mbeya City is Latitudes 8°53'24” South and
33°25’48” East.
3.3.3 Population Size of Isyesye Ward
Isyesye ward consists of about 10,800 people (Isyesye WEO, 2016). This total population
represents all three sub-wards such as Vingunguti, RRM and Mwansekwa. According to
PHS (2012) the total ward population was 7970 whereby male and female population was
3662 (46% of population) and 4308 (54% of population) respectively with sex ratio of 85
and average household size of 3.8.
3.3.4 Economic Activities
Isyesye ward constitutes people who are pastoralists and small scale farmers but most of
them conduct their activities outside the city in the areas bordering people’s settlements.
The area is endowed with potentials for trading activities with few trading centers for
small scale traders. In some areas, urban farming activities are taking place where the
residents cultivate vegetables.
3.4 Implementation of the National Land Policy of 1995

The National Land Policy of 1995 has been put into implementation practice from time to
time since it was established. Implementation of the policy is realized through different
legislations, action plans, programs, etc. In order to convert a policy into actual practices,
it needs enactment and enforcement of laws, initiating various projects for instance land
titling to support land tenure security, and any other supporting efforts.
3.4.1 Awareness on the National Land Policy
From the sample studied, it was realized that some of people within a population were
aware of the National Land Policy of 1995 while others did not know anything about the
National Land Policy of 1995 and its implementation.
Out of 50 respondents from the sample, it was recognized that 21 responds were aware of
the National Land Policy of 1995 while the remaining 29 respondents do not know about
the country’s National Land Policy. This shows that 42% of the people in the study area
43
are aware of the National Land Policy of 1995 and its implementation as opposed to 58%
of people who do not have awareness.
Table 3.2 People’s Awareness on the National Land Policy of 1995

Total respondents Aware Not Aware
50 21 29
100% 42% 58%
Source: Researcher’s Compilation, 2016
The table above shows that the respondent rate was 100%. From the rate, only 42% of the
respondents were aware with the NLP 1995 while 58% were not aware with the NLP
1995.
42%
58% Not aware

Aware
Figure 3.4 People’s awareness on the National Land Policy of 1995

The figure 3.4 above reveals that largest portion of the population is not aware of what
the National Land Policy of 1995 is and what it intends to do. The evidence shows that
58% of the population does not have knowledge of the National Land Policy of 1995 as
opposed to 42% of the population of people who know it.
44
3.4.2 Awareness on the Land laws and Land Regulations
Apart from the awareness on the NLP 1995, among the respondents who acknowledged
knowing NLP 1995 some agreed that have knowledge also on the land laws that facilitate
National Land Policy implementation. On the other hand, some respondents were aware
with the NLP 1995 but not any land law or land regulation that supports National Land
Policy implementation.
Unaware
Aware
46% 47% 48% 49% 50% 51% 52%

Percentage of Awareness on the land laws
Figure 3.5: People’s awareness on the land laws

The figure 3.5 above gives information that from the sample of 42% of respondents who
acknowledged knowing NLP 1995, only 48% are aware of the land laws such as LA,
VLA, land regulations 2001, etc. The remaining 52% of people with NLP awareness are
totally unaware with the land related laws and regulations.
45
3.4.3 Extent of the Implementation of the National Land Policy of 1995 in the Study
Area
The National Land Policy of 1995 has been implemented in the area until 2015 to ensure
equitable distribution of and access to land, and there are still plans to implement it more.
Some respondents argued that the National Land Policy of 1995 is implemented as
required so that it can ensure equitable distribution and access to land while others
suggested that the policy has not succeeded to bring equitable distribution and access to
land.
About 13 (26%) people from the sample of 50 respondents did not respond to the
question on required implementation of the National Land Policy of 1995. About 26
(equivalent to 56% of total sample) respondents acknowledged that the NLP of 1995 has
not been implemented to an extent that it can ensure equitable distribution and access to
land by all citizens but 9 respondents (18%) argued that the policy has been achieved to
increase access to land in the study area.
56%
60%
PERCENTAGE OF IMPLEMENTATION
50%
40%
30%
18%
20%
10%
0%
Not Implemented as required Implemented as required
NLP 1995 IMPLEMENTATION
Figure 3.6: Extent of Implementation of NLP 1995

46
From the table above, the total respondents were 50 but only 37 respondents attempted
the question on the NLP 1995 implementation on equitable distribution and access to
land. This means that the response rate was 74% and the NLP 1995 is implemented as
required for 18% in addressing the problems to land. The land policy has been
implemented through projects of formalization and enactment of laws and regulations in
the country. On the other side, the evidence shows that majority argue that the NLP has
not been implemented as expected to increase access to land resources. About 56% of
implementation of the National Land Policy implies that it has not been succeeded to
perform its intended objectives.
3.4.5 Ways of Accessing Land in Mbeya City
Land owners in Mbeya City use different ways to access land in the area, they include
purchasing (buying and selling among people), inheriting from the elders, acquiring as a
gift and government allocation. Most of the people in Mbeya City acquire land through
purchase, government allocation and inheritance.
60%
50%
40%
30%
20%
10%
0%
Government Allocation Purchase Inheritance Others
WAYS TO ACCESS LAND IN MBEYA CITY
Figure: 3.7: Ways of accessing land in Mbeya City

47
The figure above depicts that most of the land owners in Isyesye area acquired land
through government allocation by the land allocation committee whereby 54% of
respondents acquired land through this way. The other land owners acquired land through
other ways like purchasing (31%) and inheriting from ancestors 14%.
Access to land through government allocation
Land delivery by the government is somehow bureaucratic in nature as it passes through

several procedures. There are four main stages which must be taken into consideration
when the government under the MLHHSD needs to allocate land to its citizens. These
stages are such as valuation for compensation, planning the area, surveying to demarcate
plots and finally, plot allocation and registration.
Valuation for compensation mainly involves steps such as; one, pre-site inspection, in
this stage, the experts tend to visit the acquired area so as to establish the magnitude of
work and to determine people involved as well as to get the map of the area to be
acquired. Also the expert(s) need or needs to obtain the surveyor’s report on land
parceling and the names together with the size of land which each individual owns.
Property inspection then is conducted so that important information about the ownership
of land by the corporate body or owner is collected. In this stage, the land experts needs
to collect data such as property owner identification and registration using valuation form
number one/inspection form, determining the amount of crops in the fields, taking
photographs of the owners of land in the area and inspecting the property to determine its
condition.
Compensation assessment is taken into account whereby information is transferred from

inspection form to compensation assessment form. In this step also there is assessment of
property and crop values using rates given by Chief Valuer’s office. Compensation is
assessed to determine the market value for unexhausted improvements, transport
compensation, crops compensation, accommodation compensation, disturbance
compensation, loss of profit and interests of delayed payments. Finally the compensation
48
schedules are prepared showing all important details such as property owner’s names,
properties to be compensated, the compensation value for each property and total
compensation to be paid.
Planning process follows after compensation assessment for land acquisition. The
acquired area is planned accordingly to accommodate the needs for land uses. It is done
by the planning section of MLHHSD to produce master plans, medium plans and short
plans by using a map of the respective area to produce town plan drawings. The land uses
allocated are such as industrial land uses, residential land uses, barren and waste land,
public open spaces, agricultural lands, infrastructural land, commercial activity areas, etc.
Surveying the acquired land is mainly done by the land surveyors, to establish the
geodetic references which are used as a basis for cadastral survey and land registration.
A survey is conducted in accordance with the detailed scheme prepared by the planning
section of the ministry of lands. After survey is complete, deed plans are developed for
different plots.
Plot allocation and registration is the final stage and it intends to allocate land to the
applicants though legal government procedures; the stages in land allocation include the
following;
Application through land form number 19 or tendering; this is done for prime areas such
as residential areas, commercial areas and industrial areas under the land regulation
(auction and tenders) regulation 2001 section 3 subsections 1. The next stages are such as
Compilations of applications and plot allocation; this is conducted by the land allocation
committee of the respective authority, Preparation and provision of advice of payment to
successful applicants, Issuing the acknowledgement of payments letter, Requesting deed
plans from surveying department, Preparing the certificate of rights of occupancy,
Signing the certificate of rights of occupancy by the applicants, Signing the certificate of
occupancy by commissioner for lands and sealing.
Therefore anyone who needs to acquire the surveyed land from the government
authorities must pass into the above procedures. Access to land through this way leads to
more sustainable planned settlements equipped with required infrastructures.
49
Access to Land through purchase
Purchase of land depends highly on the land markets in the given market segment.
Tanzania entered into the liberalization to facilitate free market economy since 1990s.
Land as a commodity can be sold in the free market as any other commodity given
willing buyer and willing seller. The only thing that differentiates land commodity and
other commodities is its unique features that make its market imperfect. The main
characteristic of land that makes it unique is fixity in location, it cannot be moved from
one place to another place while the only rights in land can be bought and sold.
A land market is defined to mean a framework in which those seeking land, and those
owning or controlling land, are brought into transaction in order to effect access to land
by the land seekers. Land markets exist when and wherever it is possible to exchange
rights in land for agreed amounts of money or services rendered. Therefore land markets
exist when and wherever it is possible to exchange rights in land, usually for agreed
amounts of money.
In order for a land market to develop and to be maintained, some factors should be
observed. There should be clear policies and enforceable laws together with the fact that
institutional framework needs to provide for consistent, responsible and accountable
decision-making within the overall national land policy. There must also be a land
registration system that is affordable so that all citizens, especially women and minority
groups, rich and poor, can have access to it.
Access to land through inheritance
Some land stakeholders can access land through traditional inheritance within the tribe
customs. In some tribes in Tanzania land is inherited to the next of kin in the family
among family members. In some areas land is inherited to the male children, other tribes
give land in equal chance to all children regardless of the gender while others gives land
to first born child of the family.
50
All the above three ways to access land are used by the society of Mbeya City area
depending on the circumstance. The study on the implementation of the national land
policy of 1995 especially on the objective of equitable distribution and access to land in
Mbeya City discovered that land is accessed in most cases through such ways.
3.5 Equitable Distribution of and Access to Land

Most of the respondents argued that land is not equitably distributed and accessible as
suggested by the National Land Policy of 1995. From the respondents, it was revealed
that land in the study area is not equitable and accessible by 57%. Out of 50 respondents,
29 people argued that land is not equally distributed and accessible while 21 respondents
said land is equally distributed. Therefore it can be concluded that the national land
policy of 1995 has not been implemented to foster accessibility to land by all citizens in
the study area.
43%
Land is accessible
57%
Land not accessible
Figure 3.8: Equitable Distribution of and Access to Land

The figure above shows that the percentage of accessibility of land in the study area is
low (43%) compared to inaccessibility rate (57%). Most of the population cannot access
land as suggested by the National Land Policy of 1995 regardless of whether it is by
government allocation, inheritance, purchase or otherwise. This shows that most of
people do not own the major means of production (land resources) to sustain their life.
51
3.6 Factors Hindering Equitable Distribution of and Access to Land
3.6.1 Unfavorable traditional customs
During research, some respondents argued that segregation in accessing land within
customary procedures has been witnessed. It has been experienced that in some tribes,
land ownership is given priority to male children, some give favor to the first born child
and in some instances, women are segregated in land ownership issues.
The overall remark revealed that gender inequality in accessing land has been
substantiated because of discriminatory inheritance practices in traditional societies,
unequal access to land markets and finally, gender biased land reforms. Land titling
projects and resettlement actions seem to be ineffective in addressing gender issues.
3.6.2 Corruption problem
The research noticed that corruption has been among the major challenges in accessing
of important services including access to land. In some circumstances, the civil servants
tend to use public offices in favor of their own benefits. Some of the respondents claimed
to observe corruption problem whereby land allocation by the respective authority can be
associated with favourtism. Justice and fairness may not be observed as few people seem
to be allocated more plots than other people.
3.6.3 Lack of knowledge on the land laws
Equitable distribution of and access to land may sometimes be difficult to achieve

because not all people have knowledge on the land laws. Both the constitution and land
laws give equal opportunity for all citizens of Tanzania to own land but unawareness to
land rights denies an equal chance to own and access land.
52
3.7 Government Efforts towards Implementing the NLP 1995
The government of the United Republic of Tanzania (URT) has tried to pose many efforts
towards fostering accessibility to land in the study area. Among these efforts includes the
following;
3.7.1 Survey of more than 1500 plots in Isyesye area
The government through Mbeya City council has surveyed more than 1500 (In 2009)
plots within Isyesye area in Mbeya City so that people can be allocated land that is free
from land conflicts, has clear boundaries, and has sufficient social and physical
infrastructures as well as the land ownership pattern that will ensure security of tenure.
3.7.2 Enacting the laws that facilitate land accessibility
The government of the United Republic of Tanzania enacted the land laws which enable
land accessibility to all citizens without discrimination. They include the Land Act and
the village Land act of 1999 number 4 and number 5 respectively.
According to the section 3(1)(c) of the Land Act 1999 provides that one fundamental
principle of the National land policy is to facilitate an equitable distribution of and access
to land by all citizens . The section is incorporated into the land Act to emphasize the
equal chances of accessing land in Tanzania by all citizens regardless of race, tribe,
gender or any other aspect of socio-economic differences.
Furthermore, the section 3(2) of the Land Act number 5 of 1999 recognizes women rights
in owning and accessing land. Women's rights are part of the Fundamental Principles of
the National Land Policy embodied in the principle of equality of men and women in
access to, ownership, control, inheritance, administration and management of land as a
basic human right. The government puts efforts to enforce the laws that will help to
achieve land ownership equitability in the country with justice and fairness.
53
3.7.3 Decentralizing land administration activities
The government has put efforts towards its land reform especially in land administration
and registration section. The services provision has been transformed from the ministry
level to zonal levels. It has established six zones located in Dar es Salaam, Dodoma,
Tabora, Mwanza, Mtwara and Moshi. These government offices help more people with
the country access land as the land related issues are easily communicated.
3.8 Advantages of Equitable Distribution of and Access to Land

3.8.1 Access to major means of production to sustain human life
With equitable distribution of and access to land more people can own means of
production. Land is a major resource in the country; all socio-economic activities are
carried out on and supported by land resources. In modern economies, land serves as the
fundamental precondition for capitalist relations of production to exist since it enables
valorization of capital.
In addition, land accessibility help to accommodate human life in terms of access to

shelter (habitable settlements), food, material wealth, clean air, etc.
3.8.2 Reduction of income inequality
Through land ownership and access, the land owners can conduct productive activities
such agriculture, commercial activities, industrial production, etc. Practicing these
activities leads to a reward to land owners in form of income, rent or profit. Earning of
the income by people equitably through land helps to reduce income gap among
individuals.

The chapter generally provides an analysis on the implementation of the National land
Policy of 1995 focusing on the equitable distribution of and access to land in Mbeya City
area. The chapter gives an overview of the background information to the study area
including the geographical location of the area and accessibility, climatic condition of the
area, socio-economic activities, ethnic composition and level of education.
54
It further provides on the extent of access to land in the area, ways and modes to access
land, factors hindering equitable distribution of and access to land in Tanzania society,
government efforts towards implementing the National Land Policy of 1995 so as to
ensure equitable distribution of and access to land and the advantages that can be
obtained after achieving the equitable distribution of and access to land.
55
CHAPTER FOUR
SUMMARY OF FINDINGS, RECOMMENDATIONS AND

GENERAL CONCLUSION

This chapter gives a summary of findings that originated from what the researcher
observed during data collection. These findings rely on the topic of Implementation of the
NLP 1995 specifically basing on the objective of equitable distribution of and access to
land resources by all citizens in the country. The chapter also provides recommendations
as the way forward towards what has been observed in the study area. In this research
part, the answers to the research questions provided in chapter one are provided to show
what the research was discovered. Finally, the chapter gives the general conclusion
reached while addressing the research problem.
4.1 Summary of Findings

In line with the objectives of this research, there are important and basic issues which
were discovered during the study. These issues were depending on the issue of equitable
distribution of and access to land by all citizens in Tanzania context as suggested by the
national land policy. These findings are provided and explained below;
4.1.1 Low Rate of People’s Awareness on the NLP 1995

The evidence revealed that largest portion of the population is not aware of what the
National Land Policy of 1995 is and what it intends to do. The research discovered that
58% of the population does not owe knowledge on the National Land Policy of 1995. The
remaining percent of the sample (42%) from Mbeya City population replied to
questionnaires as they know it. This shows that only some people in the community
possess the knowledge on land policy.
The reasons for awareness on the national land policy vary from one person to another.
Therefore the knowledge on land matters including the land policy of the country can be
penetrated among land stakeholders through various means such as public education
56
provided by either the government through the ministry of lands or through NGOs and
public institutions using mass media.
4.1.2 Poor Understanding Level of Land Laws and Regulations

The research revealed that some land owners only know the NLP while they don’t have
knowledge of the land laws including the LA No.4 of 1999, land regulations of 2001, etc.
It was discovered from the sample of 21 respondents who acknowledged knowing NLP
1995 only 48% showed that they were aware of the land laws such as LA, VLA, land
regulations, etc. The remaining 52% of people with NLP awareness seemed to be totally
unaware with the land related laws.
Unawareness on the land laws and regulations was discovered as among the reasons for
land inaccessibility in the study area and indeed to other areas of Mbeya region. This is
because the lack of knowledge of the laws results in a lack of understanding of people’s
rights towards land resources.
4.1.3 Low Level of the NLP Implementation
The National Land Policy was formulated in order to address problems that pre-existed in
land sector since independence however its implementation seems to be low compared to
what the policy makers expected. It has been discovered that NLP 1995 has been
implemented as required for only 18% in addressing the problems related to land. The
land policy has been implemented through projects of formalization and enactment of
laws and regulations in the country.
On the other side, the evidence shows that the NLP has not been implemented as
required since it was expected that good policy implementation would increase an access
to land resources. About 56% of implementation of the national land policy implies that it
has not been succeeded to perform its intended objectives. The reasons for poor
implementation are such as inadequate funds by the government to facilitate
implementation process, poor commitment among the stakeholders to land including land
owners, land experts, etc
57
4.1.4 Low Access to Land and Equitability
It was found that the level of land accessibility in the study area is low for various
reasons. The truth revealed that the percentage of accessibility of land in the study area is
low (43%) compared to inaccessibility rate (57%). Only few people can access land
without any obstacle which may be caused by low number of plots which are surveyed,
poor traditions which may segregate women or disabled people, etc.
Most of the population may not access land as suggested by the National Land Policy of
1995 regardless of whether it is by government allocation, inheritance, purchase or
otherwise. This shows that many people do not own the major means of production (land
resources) to sustain their life whereby others access land through their spouses, probate
administrators or any other indirect way.
4.1.5 Satisfactory but Insufficient Government Efforts towards Ensuring Equitable

Distribution of and Access to Land
The government of the United Republic of Tanzania (URT) has tried to pose many efforts
towards fostering accessibility to land in the study area though they seem to be
insufficient. Among these efforts includes the following;
Survey of more than 1500plots in Isyesye area; the government through Mbeya City
council has surveyed more than 1500 plots in Isyesye within Mbeya City so that people
can be allocated land that is free from land conflicts, has clear boundaries, and has
sufficient social and physical infrastructures as well as the land ownership pattern that
will ensure security of tenure. This effort is not enough as many people demand the
surveyed plots in urban areas. The amount of surveyed land is low as compared to what
actually people need.
Enacting the laws that facilitate land accessibility; the government of the United Republic
of Tanzania enacted the land laws which enable land accessibility to all citizens without
discrimination. They include the Land Act and the village Land act of 1999 number 4 and
number 5 respectively.
58
According to the section 3(1)(c) of the Land Act, 1999 provides that one fundamental
principle of the National land policy is to facilitate an equitable distribution of and access
to land by all citizens . The section is incorporated into the land Act to emphasize the
equal chances of accessing land in Tanzania by all citizens regardless of race, tribe,
gender or any other aspect of socio-economic differences.
Furthermore, the section 3(2) of the Land Act number 5 of 1999 recognizes women rights
in owning and accessing land. Women's rights is part of the Fundamental Principles of
the National Land Policy embodied in the principle of equality of men and women in
access to, ownership, control, inheritance, administration and management of land as a
basic human right. The government puts efforts to enforce the laws that will help to
achieve land ownership equitability in the country with justice and fairness. However, the
land laws and regulations have not been succeeded to eliminate land in-access problem in
the study area as few people can access and others cannot.
Decentralizing land administration activities; the government has put efforts towards its
land reform especially in land administration and registration section. The services
provision has been transformed from the ministry level to zonal levels. It has established
six zones located in Dar es Salaam, Dodoma, Tabora, Mwanza, Mtwara and Moshi.
These government offices help more people with the country access land as the land
related issues are easily communicated.
4.1.6 Factors Hindering Equitable Distribution of and Access to Land
The research discovered the presence of unfavorable traditions and customs that hinders
access to land, for instance denying inheritance to female children, corruption problem
during land allocation by local authorities and lack of knowledge on the land laws among
citizens. All these factors bring obstacles in accessing land but in most cases, people’s
unawareness of the land rights makes it difficult for them to know exactly what they are
supposed to have legally.
4.2 Recommendations
Following the problems discovered during the study of Implementation of the National
Land Policy of 1995 basing on the equitable distribution of and access to land in Mbeya
59
city, the following are recommended as the way forward towards solving particular
problems.
4.2.1 Need for Public Education on NLP and Land Laws

In order to increase people’s awareness of what is NLP and what it intends to do together
with the land laws that encourage people’s access to land, education is needed. NGOs,
government agencies and local councils should all put efforts towards creating awareness
to people on the land laws that enable them to access land resource without
discrimination. Different means to educate the public can be used such as public medias,
public meeting by local councils, etc. Public campaigns are strongly encouraged to be
conducted so that it can increase people’s awareness on their rights derived from land
legislations and to educate on how these land laws (e.g. LA No.4 of 1999) and
legislations are enforceable to protect land rights.
4.2.2 Increasing Efforts on NLP Implementation

Since the research discovered that NLP is not implemented as required to an extent of
solving land in-access problems then the government both local and central government
must increase its efforts toward NLP implementation. The efforts required are such as
financing land survey projects which will make more access to surveyed land by citizens,
launching a strategic plan that focuses on increasing access to land and amending the
existing laws so that they can reflect current situation. Generally, the government needs
an appropriate action plan that supports NLP implementation, example land tenure
reforms programs.
4.2.3 Need for Special Programs to Increase Equitable Distribution of and Access to
Land
The research found low access level to land by citizens due to various reasons. There
should be strong emphasize towards fairness, unbiasness and legitimacy during land
allocation by the relevant authorities. Also the government should intervene the free land
market activities which are not efficient in allocating land since the price involved may
60
be high. Special programs such as land titling projects should be launched in order to
increase access to access surveyed land by the urban residents.
4.2.4 Need to Strongly Fight Against Corruption and Unfavorable Traditional

Customs
The research discovered presence of malpractices in public authorities and in local ways
of life practices especially in matters pertaining to land. The community should
altogether incorporate with government to combat problems in access to land including
corruption because it may accelerate favor in land allocation projects. The society should
also stop harsh cultural practices such as entertaining female child segregation in land
inheritance.
4.3 General Conclusion

This research work has first demonstrated the research problem which is the lack of
knowledge on the laws pertaining to access to land which in turn causes obstacles in
accessing land. The access to land has been referred from the NLP which set an objective
of ensuring equitable distribution of and access to land by all citizens. Mbeya City area in
Mbeya region was used as the study area to study land accessibility as suggested by the
NLP of 1995.
Generally, the study aimed to examine how equitable distribution of and access to land
has been achieved in Mbeya City as suggested by the National land Policy of 1995. The
research specifically focused on assessing the extent to which equitable access to land
and distribution has been attained in the study area, exploring the government efforts
towards ensuring the equitable land distribution of and access to land, investigate the
factors hindering the equitable distribution of and access to land and testing the
awareness of people on NLP, land laws and its implementation.
Finally, the research discovered the presence of some problems in the study area such as
low level of access to land, low people’s awareness on the land related laws, low
implementation level of NLP and its resulting laws and presence of various factors that
61
hinder land accessibility in the study area. Following such problems, various
recommendations have been provided so that the research problem can be solved.
62
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LIST OF STATUTES
The Land Act, No.4 of 1999
The Village Land Act, No.4 of 1999
The National Land Policy of 1995
68

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IMPLEMENTATION OF NATIONAL LAND POLICY OF 1995:

THE CASE OF EQUITABLE DISTRIBUTION OF AND ACCESS TO

YEAR “IV” SEMESTER “II”, DISSERTATION

MANAGEMENT AND VALUATION,

SCHOOL OF REAL ESTATE STUDIES

DAR ES SALAAM JULY, 2016

YEAR “IV” SEMESTER “II”, DISSERTATION

A Dissertation Submitted in Partial Fulfillment of the Requirements for the Award of

MANAGEMENT AND VALUATION,

SCHOOL OF REAL ESTATE STUDIES

DAR ES SALAAM JULY, 2016

Department of Land Management and Valuation (LMV)

School of Real Estates Studies

Ardhi University (ARU), Dar es Salaam.

MR. HISANI MTOLERA DR. SOPHIA KONGELA

DISSERTATION SUPERVISOR HEAD OF DEPARTMENT (LMV)

SCHOOL OF REAL ESTATE STUDIES

My sincere gratitude is extended to the URT government through Higher Education

Socio-economic development in any economy is highly related to land distribution and

FIGURE 2.1: THE CONCEPTUAL FRAMEWORK .................................................................... 14

TABLE 1.1: DATA COLLECTION MATRIX .............................................................................. 7

AUC-ECA-AFDB African Union Commission-United Nations Economic

FAO Food and Agriculture Organization

IIED International Institute for Environment and Development

LA Land Act No.4 of 1999

LMV Land Management and Valuation

MLHHSD Ministry of Lands, Housing and Human Settlements

NGOs Non Government Organizations

NLP National Land Policy

Op.cit Opere Citato

PHC Population and Housing Census

PSRC Presidential Parastatal Sector Reform Commission

S/N Serial Number

SPILL Strategic Plan for Implementation of New Land Laws

TAZARA Tanzania-Zambia-Railway Authority

TIC Tanzania Investment Centre

UN-HABITAT United Nations Human Settlements Programme

URT United Republic of Tanzania

TIC Tanzania Investment Centre

USAID United States Agency for International Development

VLA Village Land Act No.5 of 1999

WEO Ward Executive Officer

PLATE 3.1: MAP OF MBEYA CITY AREA ............................................................................ 35

Appendix 1.1 Questionnaires to Land Owners of Isyesye

Appendix 1.2 Interview Guide to WEO

Appendix 1.3 Mbeya Population Distributions by District Council

Appendix 1.4 Research Permit

1.0 Introduction to the Chapter

1.1 Statement of the Problem

1.2 Objectives of the Study

1.2.1 Main Objective

1.2.2 Specific Objectives

1.3 Research Questions

1.5 Significance of the Study

The study is expected to be important to various land stakeholders especially on the

1.6 Research Methodology

The research methodology is a way to systematically solve a research problem in a given

1.6.3 Sampling and Sample Composition

Data source Respondent Number of respondents

Mbeya City Land Office Land officers 1

Isyesye Ward Office WEO 1

Isyesye Area Land owners 50

1.6.4 Data Collection Methods