The Land Tenure Transformation

There was no “invention of a will” after independence in terms of the land tenure system.  Rather, there was a substitution of wording within the provisions of the land laws and policies that were used during the British administration system.  Names for the administrators of land and the tenure framework were substituted to better fit the current post independence regime. For instance, in the Land Tenure Ordinance of 1923, the word “Governor” was substituted by the word “President”. Keeping the ordinance as it was under the British administration enabled the post independence government to acquire land from individuals.  The Land Acquisition Act, 1967, Cap, 118, was subsequently enacted to facilitate acquisition by the government and to expedite other provisions regarding land for public interest.

The Land Tenure Transformation

Tanzania’s government converted the previous land tenure into a system of government leases. This tenure transformed land from freehold into government leases of up to 99 years through Freehold Titles (Conversion) and Government Leases Act, No 24. Cap 523 effective from 1964.

After independence, another piece of legislation was introduced through enactment to enhance registration of lands. This law is known as the Land Registration Ordinance Cap 334, and it replaces the former registration system. The disposition of interest in land required consent of the commissioner for lands and consequently the government leases were converted into the right-of-occupancy, effective from 1st April, 1970, through the Government Leasehold (Conversion to Right of Occupancy) Legislation of 1969. This change can be named as the major historical land tenure reform in land history that imposed government leases and brought valuable land under government control in Tanzania.

Some reforms and security of land tenure to the holders of the right of occupancy have been achieved in the land tenure system since 1969, and it will be valuable to discuss these further in a forthcoming article. Major reforms of the 1990s impacted Tanzania’s land sector via its policies and laws, and are vital to understand.  These major reforms were a result of the efforts of the Land Commission, formed by the President to look into all land matters in Tanzania to ensure, among other things, effective land use, involvement, accessibility and sense of ownership for all.  It is against this reform that the land tenure transformation brought about two pieces of legislation that regulate rights and interests regarding urban and village land.  These two pieces of  legislation are called the Land Act No.4 of 1999 and the Village Land Act, No.5 of 1999 respectively, and they form the main land laws applicable to Tanzania land to date.

It can generally be said that the land tenure system in Tanzania has gone through numerous reforms in its history thus far. Tanzania land laws are many and have undergone plentiful amendments, somewhat inconsistently. The legal framework is extremely complex, meaning that conformity and compliance in transactions call for a deep understanding of historical background and our current legal regime. Completing a land transaction requires an understanding of the entire structure of land laws, and all respective regulations in order to arrive at meaningful landed asset protection.  Whether the transaction is for investment or  other purposes, this thorough understanding is certainly necessary.

© Lawbay Advocates
The Firm disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to any representation, errors in or omissions from this article and its content, including but not limited to professional inaccuracies and typographical errors.