Guiding Principles:
Land Tenure in Development Cooperation

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Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

John W. Bruce, Mark S. Freudenberger and Tidiane Ngaido (1995):
Old Wine in New Bottles:

5.2 Resolving conflict and confusion

In 1992, the government enacted the Land Tenure (Established Villages) Act No. 22 of 1992. The main aim of the act was to legalize all the landholdings created by grants of state or village councils under Operation vijiji, regardless of customary rights or conflicts that arose from the villagization process. This law has been challenged by the courts, which deem it unconstitutional.

Currently, the President’s right to confer rights of occupancy has been delegated to the Minister of Lands and the Commissioner of Lands. The power over short-term leases (rights of occupancy for less than five years) is delegated to the lower levels of administration (Hoben, Bruce, and Johansson 1992).

Due to the profound confusion of rights arising from Operation vijiji, the government has grown increasingly concerned with land matters. To deal with matters effectively, the Ministry for Lands Housing and Urban Development (MLHUD) organized inter-ministerial steering and working committees to review national land policies and land administrative procedures. A Presidential Commission of Enquiry into Land Matters was created to hear complaints and make recommendations for changes in land policies (Hoben, Bruce, and Johansson 1992, pp. 9–10).