THE LAND DISPUTE SETTLEMENT IN TANZANIA MAINLAND AND ZANZIBAR: A COMPARATIVE ANALYSIS

Abstract

Land disputes settlement in Tanzania Mainland and Zanzibar has been there for decades. The mechanisms for settlement have varied from the informal to the more formal practices. Since land forms one common source of disputes, various efforts to address them have been forged. The efforts range from the community participatory forms to judicial-based forms which are more adversarial.   In the Mainland, the land dispute settlement regime is governed by various laws but the principal statute is the Land (Disputes Courts) Act, No. 2 of 2002. [Cap 416 R.E. 2002]. The Act provides for the framework of institutions that constitute land dispute machinery. While in some of the institutions the procedures are less formal accommodating non-lawyers, others are purely judicial adopting the traditional judicial procedures. In Zanzibar, the trend is not much different. The Land Tribunal Act of 1994 as amended provides for the framework of Land Tribunals and procedures thereto. Although the initial plan was to have less-formal institutions which would accommodate informal procedures the amendment to the Land Tribunal Act has made the procedural requirements more formal especially on legal representation and evidentiary matters.