ASSESSING IMPACTS OF DECENTRALIZATION OF COMMISSIONER’S OFFICE ON LAND ADMINISTRATION IN TANZANIA
A CASE OF SOUTHERN HIGHLAND ZONE
YEAR “IV” SEMISTER “II” DISSERTATION
MWAKIBIBI, JIMMY BRAYSON
DEPARTMENT OF LAND MANAGEMENT AND VALUATION
SCHOOL OF EARTH SCIENCES, REAL ESTATE,
BUSINESS STUDIES AND INFORMATICS (SERBI)
SUBMISSION DATE; JULY 2018
ASSESSING IMPACTS OF DECENTRALIZATION OF COMMISSIONER’S OFFICE ON LAND ADMINISTRATION IN TANZANIA
The case of southern highland zone
YEAR ‘IV’ SEMESTER ‘II’ DISSERTATION
MWAKIBIBI, JIMMY BRAYSON
A Dissertation submitted in partial fulfillment of the requirements for the award of the B.Sc. Degree in Land Management and Valuation of Ardhi University
DEPARTMENT OF LAND MANAGEMENT AND VALUATION
SCHOOL OF EARTH SCIENCES, REAL ESTATE,
BUSINESS STUDIES AND INFORMATICS
ARDHI UNIVERSITY JULY, 2017
DEDICATIONThis dissertation is dedicated to my Lovely family my parents Mr and Mrs Brayson Mwakibibi and my siblings Lilian Brayson, Glory Brayson, Janeth Brayson, and my friends Hemed Hemed, Tommy Mwaifunga. Their Love, unfailing effort in prayers, financial support and advice have made me to be as I am today.
DECLARATIONI, MWAKIBIBI, JIMMY B hereby declare that the content of this report are the results of my own study and findings and, to the best of my knowledge, they have not been presented anywhere for a Diploma, Degree or any professional award in any Institution of Higher Learning.
MWAKIBIBI, JIMMY B.
Department of Land Management and Valuation
School of Earth Sciences, Real Estate, Business Studies and Informatics (SERBI)
Dar es Salaam
This report has been presented as a Dissertation in partial fulfilment of the requirements for the award of the B.Sc. Degree in Land Management and Valuation of Ardhi University.
DR. GETRUDA MAKUPA DR. SOPHIA M. KONGELA
DISSERTATION SUPERVISOR HEAD, DEPARTMENT OF LAND
MANAGEMENT AND VALUATION
SCHOOL OF EARTH SCIENCES,
REAL ESTATE, BUSINESS STUDIES AND INFORMATICS
DAR ES SALAAM
ACKNOWLEDGEMENTCompletion of this research work was made possible with the support and encouragement I got from different people whom I’m highly indebted.
Thank you so much Dr. Getruda Makupa, for supervising my work. Your dedication, guidance and tireless efforts in advising me, helped me to analyze the issues critically and to orient my work properly as well as to locate relevant literatures. You have been available whenever I wanted to see you. Sincerely, your contribution to this work is invaluable and hence unforgettable.
I’m also greatly indebted to members of the panel Dr. Kongela ,Dr Kayuza, Dr. Mushi, Dr Makupa, Mr Mtorela, Ms Muna, Mr Bega, Mr Nkini, Mr Mpandikizi and Mr Kanuti for their impeccable guidance, encouragement, professional and technical advice during my research study.
Special thanks are conveyed to Land officers, Ms Glory Mushi, Ms Janeth, Mr James Elias W, Mr Switbert Masali, Mr Shenya Magori, Mr Masanje, Apolinary S. From Assistant Commissioner for land office in Southern Highland zone at Headquarters in Mbeya region who played a remarkable role of being respondents.
My sincere gratitude goes to Miss Lucy Silvanus for her unwavering support during this study. Words can’t be enough to express her commitment towards accomplishment of this study. Also, I can’t forget the support I got from Miss Angela Myaniko, Mr Omary Sibale, Mr Emmanuel Mwasote and my classmates.
Moreover, I extend my heartfelt thanks to CASFETA Ardhi University family, specifically to brother’s department and the whole fellowship for both spiritual and moral support towards making my research work come in to reality.
Furthermore, to all and sundry who played diverse roles towards making this work a success. I say God bless you abundantly!
ABSTRACTLand administration in Tanzania has been through different changes which aim to improve it. In 1970’s a government of United Republic of Tanzania introduced decentralization policy which aimed to reduce duties from central government to local levels, in land sector this implemented by establishing Assistant commissioner for land office in eight (8) zones around the country. A part from several efforts still lands conflicts continue to exist.
The study aims to assess the impacts of decentralization of commissioner for land office on land administration in Tanzania, a case of southern highland zone. Specifically a study aimed to identify objectives of decentralizing of commissioner’s office on land administration in Tanzania, to examine land administration practices before and after decentralization of commissioner’s office in southern highland zone, to identify contributions of an office, challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone.
Structured interview and questionnaires were the main data collection instruments used. Principal sources from which data were obtained were the office of Assistant commissioner for land in southern highland zone and selected residents. Data collected were qualitatively processed using content and descriptive statistics analysis methods.
Results from the analysis showed that land administration in southern highland still facing some challenges: lack of Assistant commissioner for land, allocation of small budget and limited space of building. A part from having challenges still Assistant commissioner for land office has managed to solve more than 250 land conflicts since its presence in December, 2008, more than 32400 certificate of right of occupancy (CROs) approved and sent to Registrar of title office’s for registration and dispatching to owners. Furthermore an office in cooperation with district councils in all regions served by office has collected Tshs.5.8 billion in land tax from July 2016 to May 2017.
The study recommends on giving priority to the land sector in national budget and regular re-engineering of land administration system so as to strengthen land administration and reduce land conflicts in Tanzania.
TABLE OF CONTENTS TOC o “1-3” h z u DEDICATION PAGEREF _Toc518484044 h iDECLARATION PAGEREF _Toc518484045 h iiACKNOWLEDGEMENT PAGEREF _Toc518484046 h iiiABSTRACT PAGEREF _Toc518484047 h ivTABLE OF CONTENTS PAGEREF _Toc518484048 h vLIST OF TABLES PAGEREF _Toc518484049 h viiiLIST OF FIGURES PAGEREF _Toc518484050 h ixLIST OF ABBREVIATIONS PAGEREF _Toc518484051 h xCHAPTER ONE PAGEREF _Toc518484056 h 1RESEARCH PROBLEM PAGEREF _Toc518484057 h 11.0 INTRODUCTION PAGEREF _Toc518484058 h 11.1 background of the study PAGEREF _Toc518484059 h 11.2 Research problem PAGEREF _Toc518484060 h 41.3 Objectives of the Study PAGEREF _Toc518484061 h 51.3.1 General objective PAGEREF _Toc518484062 h 51.4 Research Questions PAGEREF _Toc518484063 h 51.5 Scope of the study PAGEREF _Toc518484064 h 61.5.1 Conceptual scope PAGEREF _Toc518484065 h 61.5.2 Physical scope PAGEREF _Toc518484066 h 61.6 Rationale of justification of the study PAGEREF _Toc518484067 h 61.7 Literature review PAGEREF _Toc518484068 h 81.8 Research Gap PAGEREF _Toc518484069 h 121.9 Research Methodology PAGEREF _Toc518484070 h 121.9.1 Research Design and Approach PAGEREF _Toc518484071 h 121.9.2 Sampling Techniques and Unit of Analysis PAGEREF _Toc518484072 h 131.9.3 Determination of sample size PAGEREF _Toc518484073 h 141.9.4 Data types PAGEREF _Toc518484074 h 141.9.5 Data Collection Methods ; data collection tools PAGEREF _Toc518484075 h 151.9.6 Data Analysis and presentation PAGEREF _Toc518484076 h 161.9.7 Quality of Tools of Data Collection PAGEREF _Toc518484080 h 161.9.8 Ethical Consideration PAGEREF _Toc518484081 h 181.9.9Limitations of the study PAGEREF _Toc518484082 h 181.9 Parts of the Dissertation PAGEREF _Toc518484083 h 191.10 Chapter summary PAGEREF _Toc518484084 h 19CHAPTER TWO PAGEREF _Toc518484085 h 20THEORETICAL AND CONCEPTUAL FRAMEWORK PAGEREF _Toc518484086 h 202.0 Introduction PAGEREF _Toc518484087 h 202.1 Definitions of key terms PAGEREF _Toc518484088 h 202.2 Good governance in Land administration PAGEREF _Toc518484089 h 212.2.1 Principles of good governance in land administration PAGEREF _Toc518484090 h 222.2.2 Benefits of good governance in Land Administration PAGEREF _Toc518484091 h 232.3 Ten principles of Land Administration PAGEREF _Toc518484092 h 242.4 Global challenges of land administration in our changing world PAGEREF _Toc518484093 h 262.5 Theory of modern land administration PAGEREF _Toc518484094 h 272.6 Experience of decentralizing land administration from other countries PAGEREF _Toc518484095 h 302.6.1 Lessons learned from system of land administration of Mozambique, Ghana, Madagascar, and Botswana PAGEREF _Toc518484096 h 322.7 Policies and laws guiding land administration in Tanzania PAGEREF _Toc518484097 h 332.7.2 Appointment of Commissioner for Land and other officers PAGEREF _Toc518484098 h 352.7.3 Village land act No.5 of 1999 (VLA) PAGEREF _Toc518484099 h 352.7.4 Land Administration structure in Tanzania PAGEREF _Toc518484100 h 362.8 Major issues and problems in implementing decentralization policies PAGEREF _Toc518484101 h 362.9 Conceptual framework PAGEREF _Toc518484102 h 392.10 Chapter summary PAGEREF _Toc518484103 h 40CHAPTER THREE PAGEREF _Toc518484104 h 41FINDINGS AND DISCUSSSION PAGEREF _Toc518484105 h 413.0 Introduction PAGEREF _Toc518484106 h 413.1 An overview of study area PAGEREF _Toc518484107 h 413.1.1 Geographical location and borders of study area PAGEREF _Toc518484108 h 413.1.2 Climate and Geography PAGEREF _Toc518484109 h 413.1.3 Accessibility to the study area PAGEREF _Toc518484110 h 423.1.5 Economic development in the study area PAGEREF _Toc518484111 h 433.1.6 Administrative Units of the region PAGEREF _Toc518484112 h 433.4 Objectives of decentralizing of commissioner’s office on land administration in southern highland zone. PAGEREF _Toc518484113 h 443.5 Practices of land administration before decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518484114 h 453.6 Practices of land administration after decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518484115 h 463.7Contributions made by commissioner’s office on land administration in southern highland zone PAGEREF _Toc518484116 h 483.8 Challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone PAGEREF _Toc518484117 h 503.9 Measures to combat challenges in Asst. Commissioner for land office and improves land administration in southern highland zone PAGEREF _Toc518484118 h 523.10 Summary of the Chapter PAGEREF _Toc518484119 h 53CHAPTER FOUR PAGEREF _Toc518484120 h 54SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS PAGEREF _Toc518484121 h 544.0 Introduction PAGEREF _Toc518484122 h 544.1 Summary of Research Findings PAGEREF _Toc518484123 h 554.2 Objectives of decentralizing of commissioner’s office on land administration in southern highland zone. PAGEREF _Toc518484124 h 554.3 Practices of land administration before decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518484125 h 554.4 Practices of land administration after decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518484126 h 554.5 Contributions made by Assistant commissioner’s for land office on land administration in southern highland zone. PAGEREF _Toc518484127 h 564.6 Challenges hindering achieving objectives of decentralizing commissioner’s for land office on land administration in southern highland zone PAGEREF _Toc518484128 h 564.7 Research Conclusions PAGEREF _Toc518484129 h 574.8 Recommendations PAGEREF _Toc518484131 h 574.9 Areas for further studies PAGEREF _Toc518484132 h 59REFERENCES PAGEREF _Toc518484133 h 60APPENDICES PAGEREF _Toc518484134 h 67Appendix 1: PAGEREF _Toc518484135 h 67Appendix 2: Interview guide PAGEREF _Toc518484136 h 71Appendix 3: Letter for data collection PAGEREF _Toc518484137 h 72
LIST OF TABLES TOC h z c “Table1.” Table1. 1: Sample size of respondents PAGEREF _Toc518467268 h 14 TOC h z c “Table2.” Table2. 1: Principles of land administration…………………………………………………….. PAGEREF _Toc518473640 h 24 TOC h z c “Table3.” Table3. 1: Distribution of Regions in southern highland zone………………………….. PAGEREF _Toc518473939 h 42Table3. 2: Practices of land administration before decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518473940 h 44Table3. 3: Practices of land administration after decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518473941 h 46Table3. 4: Contributions made by commissioner’s office on land administration in southern highland zone PAGEREF _Toc518473942 h 48Table3. 5: Challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone PAGEREF _Toc518473943 h 49Table3. 6: Measures to combat challenges and improves land administration in southern highland zone PAGEREF _Toc518473944 h 51 TOC h z c “Table4” Table4 1: Budget for land sector………………………………………………………….. PAGEREF _Toc518474159 h 57
LIST OF FIGURES TOC h z c “Figure2.” Figure2. 1: The land management paradigm PAGEREF _Toc518475081 h 27Figure2. 2: The land information Infrastructure PAGEREF _Toc518475082 h 29Figure2. 3: Land categories in Tanzania PAGEREF _Toc518475083 h 34Figure2. 4: Land administration structure in Tanzania PAGEREF _Toc518475084 h 36Figure2. 5: Conceptual framework for land administration PAGEREF _Toc518475085 h 39 TOC h z c “Figure3.” Figure3.1: A map of Southern Highland zone…………………………………………….. PAGEREF _Toc518475141 h 41Figure3.2: Distribution of Regions in southern highland zone PAGEREF _Toc518475142 h 42Figure3.3: Picture of Assistant commissioner for land office in southern highland zone PAGEREF _Toc518475143 h 43Figure3.4: Practices of land administration before presence of Asst. commissioner for land in southern highland zone. PAGEREF _Toc518475144 h 45Figure3.5: Practices of land administration after decentralization of commissioner’s office in southern highland zone PAGEREF _Toc518475145 h 47Figure3.6 Challenges facing Assistant commissioner’s for land office in a zone PAGEREF _Toc518475146 h 51Figure3.7: Measures towards challenges facing Assistant commissioner for land office PAGEREF _Toc518475147 h 52
LIST OF ABBREVIATIONSAUC Africa United CommissionCVL Certificate of Village LandCCROs Certificates of Customary Rights of Occupancy
USAID United State Agency for International DevelopmentMLHHSD Ministry of Land, Housing and Human Settlement Development
PO-RALG President’s Office for Regional Administration and local Government
PMO-RALG Prime Minister’s Office Regional Administration and Local Government
URT United Republic of Tanzania
CA Content Analysis
FAO Food and Agricultural Organization
RRRs Rights, Restrictions and Responsibilities
LAS Land Administration System
SDI Spatial Development Information
ICT Information Communication and Technology
VLA Village Land Act
TAZARA Tanzania Zambia Railway
GDP Gross Domestic Product
LA Land Act
CHAPTER ONERESEARCH PROBLEM1.0 INTRODUCTION1.1 background of the studyLand has played a critical role in Tanzania’s development. During the pre-colonial period, all land was owned communally and all members of the community had equal access to the land CITATION Nsh08 l 1033 (Nshala, 2008). Land governance was based on customary laws of the different tribes in Tanzania; Title to the land was based on traditions and customs of respective tribes. Ownership of land was communal, owned by family, clan or tribe. Chiefs, headmen and elders had the powers of land administration in trust for the community CITATION Nsh08 l 1033 (Nshala, 2008).
During German colonial rule (1891-1919) land governance were under emperor, the German authorities promulgated a series of land decrees. The Imperial Decree of 26 November 1895 converted all territorial lands into “Crown Lands” and vested them in the German Empire. Germany assumed that all lands to which private ownership could not be established by documentary evidence were ownerless CITATION Sul18 l 1033 (Sulle, 2010).Communities could prove ownership through occupation and use, but land that was not used continuously was considered ownerless.
During British colonial period (1919-1961), they recognized existing German laws and put in place new land laws such as the Land Ordinance of 1923, which governed Tanzanian land matters for most of the country’s modern history. By the Land Ordinance, all lands, whether occupied or unoccupied, were declared to be public lands that means under the control and subject to the disposition of the Governor. The Land Ordinance conferred significant authorities over land to the colonial Governor and effectively centralized land administration CITATION Wil03 l 1033 (Wile, 2003). By the Ordinance, “no title to the occupation and use of any such lands shall be valid without the consent of the Governor.” The Governor was also given powers to grant the right of occupancy (the right to occupy and use land for a period of up to 99 years) to natives and non-natives, and to demand a rental for the use of any public lands granted to any native or non-native CITATION Lar06 l 1033 (Larsson, 2006).
Post-colonial land governance, following Tanzania’s independence in 1961, the post-colonial government accepted and used many land concepts developed by the colonial authorities without major alterations CITATION Sun05 l 1033 (Sundet, 2005). Rather than restructure land relations to better recognize the needs of rural communities and protect their customary land, the government re-entrenched and, in some cases, expanded the scope of colonial land policy and law. For example, the independent government simply replaced the word “Governor” with “President” in the 1923 Land Ordinance and inherited the provisions that centralized authority in the executive branch CITATION Gas95 l 1033 (Gastorn, 1995)From 1967 to 1973, the government implemented policy of Ujamaa (collective production) which involved the relocation of about 80% of the rural population to 5,528 villages. The program aimed to create the structures for the establishment of large collective farms and the modernization of agriculture CITATION Lar06 l 1033 (Larsson, 2006). The government did not create a new tenure regime, and local authorities were not legally vested with the powers to govern land.
In the mid-1980s, the government ushered in new policies to liberalize the economy and promote foreign investment CITATION Afr10 l 1033 (AUC, 2010). This led to a rapid increase in land acquisitions by local, national, and foreign investors progressively centralized land administration which increasingly inefficient state bureaucracy, and past administrative measures had created widespread confusion with regards to land tenure and a justified fear that alienation of village land would result in landlessness CITATION Ole10 l 1033 (Olengurumwa, 2010). This, in turn fuelled widespread rural discontent with land tenure policy and administration
In January 1991, the government established the Presidential Commission of Enquiry into Land Matters to hear complaints concerning land, review land policies, assess land institutions and recommend changes CITATION Shi98 l 1033 (Shivji, 1998). To define it, the government prepared Tanzania’s first National Land Policy in 1995, which led to the enactment of the Village Land Act and the Land Act in 1999. The Policy argued that procedures for obtaining title to land should be simplified, that land administration should be transparent; further, it recognized that secure land tenure plays a large role in promoting peace and national unity CITATION Nde02 l 1033 (Ndegwa S. , 2002).
The Acts provide the legal framework for land rights, recognize customary tenure, and empower local governments to manage Village Land. This framework creates two main processes for securing land rights: in rural areas, village lands may be demarcated and land use plans created to provide for Certificates of Village Land (CVL). Once a village has a CVL, people living within the village may apply for Certificates of Customary Rights of Occupancy (CCROs). The process has been slow and costly, resulting in 11,000 out of 12,500 CVLs, 13% adapted village land use plans and less than 10% of approximately 6 million households with CCROs issued. In urban areas, people may apply for Certificates of Rights of Occupancy (CROs) and residential licenses, which grant the right to occupy land in non-hazardous areas. However, formal issuance of certificates is difficult for the poor to access (USAID, 2016).
The Ministry of Lands, Housing, and Human Settlements Development (MLHHSD) houses the Departments of Land Administration, Survey and Mapping, Physical Planning, and Housing. It is responsible for land administration throughout the country and supervises eight Zonal Land Administration Offices. District Councils, District Land Offices, and village land authorities are accountable to MLHSSD but are vested in the Presidents’ Office for Regional Administration and Local Government (PO-RALG). Land disputes are handled by District Land and Housing Tribunals, Ward Tribunals and Village Land Councils (World Bank, 2017). Overlapping roles of the Ministry of Land and the Prime Minister’s Office, Regional Administration and Local Government (PMO-RALG), and weak governance in land administration pose major concerns in terms of delivering land rights in an efficient and equitable manner.
1.2 Research problemThe government of United Republic of Tanzania (URT) has a goal through Land policy to promote and ensure land tenure system, to promote an equitable distribution of and access to land by all citizens, to avoid the phenomenon of land concentration such as land grabbing, improving the efficiency of land delivery systems, Promote sound land information management, Streamline the institutional arrangements in land administration and land dispute adjudication and also make them more transparent( Land Policy, 1995).
To achieve those goals a government of United Republic of Tanzania introduced a decentralization of administration policy in 1997 through enacted Regional Administration Act by scaling down the roles, functions and staffing at the regional level. According to the Act, urban and district authorities are allowed to interact directly with the central government ministries on issues of concern and interest in their areas of jurisdiction (Regional administration Act, 1997).
Despite the said government efforts in reality still there is low capacity of managing land at local levels CITATION Cla14 l 2057 (Clarence Nanyaro, 2014). Land disputes are a common feature of both rural and urban areas. Conflicts are tied to increasing population pressure (Mbwilo, 2004), conflicting land uses, such as grazing versus cultivation; proliferating peri-urban development, overlapping land concessions, and “land grabbing”. Women’s land rights are relatively well-supported in Tanzania’s formal legal framework but women’s land rights are often undermined by customary laws, which favor male inheritance, which are widely practiced (World Bank, 2017).
If these problems will not be fixed, deaths of people and their livestock will continue to exists, property destruction, environment degradation, people left homeless, fear among people in the area of conflict, fire-outbreak, mistreatment, poverty and physical attacks CITATION Nor12 l 1033 (Norman, 2012). To combat the situation a government of United Republic of Tanzania should review some of her policies on land administration such as decentralization of land administration in order make amendments where necessary to do so.
1.3 Objectives of the Study1.3.1 General objectiveThe main objective of this study is to assess the impacts of decentralization of commissioner’s office on land administration in Tanzania.
1.3.2 Specific objectives
To identify objectives of decentralizing of commissioner’s office on land administration in Tanzania.
To examine land administration practices before and after decentralization of commissioner’s office in southern highland zone.
To identify contributions made by commissioner’s office in land administration in southern highland zone after being decentralized.
To identify challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone.
To suggest possible measures to combat challenges and improves land administration in southern highland zone.
1.4 Research Questions
What were objectives of decentralizing commissioner’s office on land administration in Tanzania?
What were practices of land administration before decentralizing of commissioner’s office in southern highland land administration zone?
What are the practices of land administration in southern highland zone after decentralization of commissioner’s office?
What are the contributions/achievements that have been made in southern highland zone after decentralization of commissioner’s office?
What are the challenges hindering achievement of objectives of decentralizing commissioner’s office in southern highland zone?
What are possible measures can be employed to combat challenges that hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone?
1.5 Scope of the study1.5.1 Conceptual scopeThis refers to the parameters under which the study will be operating. This research is mainly concentrate on assessing the impacts of decentralization on land governance specific by examining land governance practices before and after decentralization of administration process; establishing contributions that have been made by decentralization process on land governance and identifying challenges those hindering achieving decentralization objectives in southern highland land administration in Tanzania.
1.5.2 Physical scopeThis refers to a geographical location where the study will be carried out CITATION Sim13 l 1033 (Simon ; Goes, 2013). Due to limitation of time and finance, this study will cover only selected land offices at southern zone.
1.6 Rationale of justification of the studyThis study is useful to various groups of people as follows;
To the Academicians
This study will produce the valuable basis for further studies from different courses related to the whole question of managing land resources with various techniques; also a study will provide additional knowledge to different academicians such as land officers, land commissioners, land registrars and others on combating challenges that hinders achieving decentralization objectives in different regions of Tanzania.
To other researchers
The study is expected to be used as reference to other researchers who will be interested in conducting research concerning decentralization of administration, land governance and related issues.
To the Government
The research will to show up performance of land governance after decentralization of administration process, achievements made by decentralization of administration process on land governance and challenges encountering achieving of decentralization objectives. This knowledge will direct help a government to make amendments on decentralization policy so as to overcome all challenges that currently hindering achieving of decentralization objectives on land governance.
To Land expertise
This study will remind all Land officials to perform their responsibilities effectively and efficiently in order to ensure all characteristics of good governance like participatory, consensus oriented, Transparency, effectiveness and efficiency, responsiveness, equity, accountability and follows rule of law achieved CITATION Yap17 l 2057 (Sheng, 2017) on Land governance are promoted and maintained in order to enhance performance of decentralization policy and combating all challenges that hindering achieving of decentralization objectives in different regions in Tanzania.
To the researcher
The study will improve the knowledge about land issues through a review of various literatures.
To Mbeya district
The study finding will bring awareness to both employer (District Executive Director) and employees of land department on more strategies to be taken to reduce land problems like low capacity of managing land, corruption, delaying in making decision on land conflicts.
To Mbeya community
The study will give a helpful hand to people in Mbeya District by ensuring that the literature review, the findings; and the strategies devised by the study to solve the problem of low capacity of managing land specific land conflicts reach them through their village leaders in the environmental committees meetings, since the majority of people are victims of the land conflict. Therefore, the study will bring awareness to them on the factors causing land conflicts; strategies on how to overcome them; and to impose the awareness of their rights in land issues.
To policy makers
The study will add more knowledge the policy makers in order policy making processes to be more participatory, effective and efficient because Policy making process should involve not only “policy makers”, but a range of stakeholders, each of which must lobby to advance.
1.7 Literature reviewAccording FAO (2007), Land governance in land administration can be defined as the bundle of all processes of decision-making and of all implementations of decisions regarding land. Governance in Land administration covers a very spectrum, ranging from land tenure, land use, land taxation, and land market, to land development. As per sect (2) of Land Act No.4 of 1999 elaborate in details what is exactly considers as land, now a process by which decisions are made regarding the access to and use of land, the manner in which those decisions are implemented and the way that conflicting interests in land are reconciled is what called land governance as suggested by (World Bank PRR, 2003). Basing on reality that land is a major natural resource for development CITATION Che83 l 1033 (Chema, 1983) this resource it has been causal factor for many civil wars around the world because of limited nature CITATION Max91 l 1033 (Max, 1991). Therefore a government of United Republic of Tanzania since independence has been introducing different measures to strengthen land governance such as decentralization of land administration which is the transfer of state national responsibilities or functions from central government of governing land to sub national levels of government or from central agencies to regional bodies or branch offices CITATION Cra95 l 1033 (Craster, 1995). According to Max (1991) and CITATION Muk98 l 1033 (Mukandala, 1998) Ministry of land at central level introduced zone land administration office, District land offices, Villages land authority and many others at local levels for the following objectives
To establish working local land offices that can deliver quality services to the people in participative, effective and transparent way where local land offices are directly accountable to the local people.
To reform the culture of centralised bureaucracy that has failed to deliver good quality land services to the poor and which has stifled local enterprise. It is determined to build a service that is lean, transparent, accountable, and above all effective, economic and efficient.
To reduce the burden from the Ministry of land. The Government introduced this decentralization policy in Tanzania to simplify the obligations from the central government to the local government so that some of the responsibilities to be implemented at the local level, hence this reduce the burden from the central Government
To manage environment conservation. The decentralization of policy in Tanzania was introduced to simplify the control of the environment like soil erosion at the previous time the environment were not supervised at the good extent hence the Government distributed an authorities to the local government to ensure the effectives supervision of the environment.
To increase an accountability to the local leaders. At the previous, the local leaders were seemed to be less participating in the process of the National development of Tanzania hence the Government introduced this policy to increase accountability to ensure the development in Tanzania by providing the responsibilities that are supposed to be implemented at the zonal land administration office, District land offices and village land offices.
To manage land development to the local Government level. The united Republic of Tanzania introduced this policy to remove the regions that were seemed to be more developed and others to be less developed. This means that the Government ensured this to make the equalization of the region development of Tanzania because the local leaders were given more powers to control the local development.
To increase the proportions of shared revenues going to local government, introducing supplementary intergovernmental transfers, improving local revenue collections, improving local financial management through rolling out the integrated financial management or accounting system (platinum) and training local officials.
To improve service delivery by making local authorities more democratic and autonomous within the framework established by central government and under conditions of severe resource constraints.
CITATION Olo02 l 1033 (Olowu, 2002), proves the existence of problems in land administration in many developing countries including: limited collaborations, over centralization, poor coordination between land management institutions, and an imbalance between national policy and local decision making. CITATION Pau11 l 2057 (Mathieu, 2011) Existence of any problems in land governance leads to low capacities, incentives and motivation, weak policy, legal and institutional frameworks and corruption in land sector.
CITATION Ene04 l 1033 (Enemark S. , 2004) ; CITATION Ene01 l 1033 (Enemark S. , 2001) identifies decentralization policy is among of important element when it comes on issue of land governance, because it enable provision of services in land sector to be more near to the people and quick response to problems. Robertson (2002) ; Wallace (2009) suggest that sustainable development can be enabled by interconnected elements that use a decentralization approach and good governance strategies. Dale ; McLaughlin (1999) land administration arrangements are commonly influenced by national culture while the institutional arrangements in land administration that are influenced by the system include decentralization and centralization (Williamson, 2001).Decentralization policy has recently received more attention because it has been used to enhance public services in developing countries. It requires the transfer of land administration operational functions to the local or departmental level (Barnes 2003) and requires that delegation is made between governmental levels (Enemark, 2004). A decentralized land administration system reduces the need for co-ordination (Roy and Tisdell, 1998), creates more opportunities to the local people in the decision making processes (Sarker, 2003), promotes participatory and encouraging sustainability (Ouedraogo, 2005) offers more efficient and effective land administration and management (FAO 2007), and replaces inappropriate centralization management (Jusoh et al.,2009).
CITATION Ton10 l 2057 (Dalrymple, 2010), highlights that good governance indicators should be clearly observed in land administration at any level central or local. This means in order to have effective land governance implementation of decentralization objectives should go parallel with fulfilment of objectives for good land governance which are; land policy should be in line with principles of fairness and equity, property rights should have legal recognition, Land management instruments have to be justified, efficient and transparent. CITATION Awa09 l 2057 (Hossain, 2009) Land administration should have clear mandates and operate transparently, Land administration information have to be reliable and accessible, transparent public land management process, property valuation have to serve the market need and taxation should be clear and efficient in support of policy, and finally judicial and non-judicial institutions have to be accessible to resolve disputes CITATION Emm11 l 2057 (Ndenecho, 2011).
CITATION Mer09 l 1033 (Grindle, 2007), administered questionnaires to local authorities, the questionnaire contained items which would allow examination of policies of decentralization. The results indicated that citizens in a decentralized system of government can expect enhanced opportunities to demand public attention for their needs monitor how government responds to these demands, hold local officials accountable for the performance of services and punish those who fall short on such measures felicitously decentralization is widely expected to improve the potential for government.
Land administration requires the setting of principles of good governance as a direction towards balancing social, economic and environmental issues. Accordingly, Antonio (2006), Arko-adjei et al. (2009), Grover et al. (2007), Sewornu (2010), Zakout et al. (2006) have established the principles for good governance in land administration. For instance, Zakout et al. (2006) highlights the principles of efficiency, effectiveness, transparency, consistency, predictability, integrity, accountability, subsidiarity, autonomy, depolarization, civic engagement, public participation, equity, fairness, impartiality, legal security and rule of the law as the important good governance principles in land administration. In addition, according to (Buchanan, 2008), cited by (Wallace, 2009), the principles of good governance can be usefully clustered around three outcomes, which are: responsibility, empowerment objective legal framework.
1.8 Research GapDespite of the considerable growth of research on land administration, most studies have paid attention to the theoretical and conceptual studies CITATION Ami14 l 1033 (Aminuzzaman, 2014), and Dalrymple (2007); Enemark (2001) Molen (2002), Grandle (2004) Williamson and Ting, (2001) and Williamson (2001) while very little attention has been given to empirically confirming the significant relationship between decentralization of land administration. In addition, there is still a lack of understanding of the need for a strategic framework for decentralized land administration. Consequently, this study attempts to propose a mechanism that can be used to determine the link between decentralization of land administration and land development.
1.9 Research MethodologyAccording CITATION Cre13 l 1033 (Creswell, 2013)to this concept helps researcher to understand various steps that should be adopted in studying his or her research problems. Defines research methodology as a science of studying how research is done scientifically. Kothari further provides that the researchers need to understand the assumptions underlying various techniques and they need to know the criteria by which they can decide that certain techniques and procedures will be applicable to certain problems and others will not.
1.9.1 Research Design and ApproachResearch Design
The study adopt cross sectional design (Creswell, 2012) which allowed data collection at one point in time. A research approach employed is mixed method which employs both quantitative and qualitative research approaches to gather data to inform this study (Bryman, 2004).
Research approach is a plan and procedures that consists of the steps of broad assumptions to detailed method of data collection, analysis and interpretation CITATION Cre13 l 1033 (Creswell, 2013).Basing on the nature of the research problem of this study both qualitative and quantitative will be adopted as described below.
This approach will be used because a study will involve explanations and definitions of various concepts such as decentralization of land administration and commissioner for land office, also descriptive information that will be collected from respondents on impacts of decentralization of commissioner’s office on land administration influence adoption of this qualitative approachCITATION Sin09 l 1033 (Singh, 2009).
This approach adopted under this study because information from respondents on contributions of decentralization of commissioner’s office on land administration in southern highland zones might involves statistics and numbers, this makes quantitative approach also to be adopted CITATION Neu06 l 1033 (Neuman, 2006). In general, advantages of adopting both research approaches under this study is that, the strength of one method qualitative or quantitative can be used to overcome the weakness of another method, the results from the methods may validate each other and provide more stronger evidence for a conclusion, also mixed approach can add insight and understanding that may be otherwise missed CITATION Cre13 l 1033 (Creswell, 2013).
1.9.2 Sampling Techniques and Unit of AnalysisUnit of AnalysisThe unit of analysis is the major entity that is being analyzed in study. For example groups, individuals, artifacts (books, photos, newspapers), social interactions (dyadic relations, relations, divorces, arrests), geographical units. Under this study unit of analysis was Assistant commissioner for land office in southern highland zone.
Sampling is a process, or technique of selecting a representative part of a population for the purpose of determining parameters or characteristics of the whole population CITATION Neu06 l 1033 (Neuman, 2006). Probability sampling (simple random sampling) procedure will be used to select participants, they will be randomly selected to ensure that, every respondent had equal chances of being selected and hence, avoid bias.
1.9.3 Determination of sample sizeA simple random sampling (SRS) was used to obtain 9 respondents from the Employees Registry Book (ERB) in the Assistant commissioner for land office. 20 residents was selected randomly from Mbeya district and interviewed on practices of land administration in southern highland zone after and before presence of Assistant commissioner for land office. Therefore a sample size of 29 respondents was selected CITATION Byr01 l 1033 Invalid source specified., a choice of the sampling technique basing on the fact that a technique minimizes sampling bias
Table1. SEQ Table1. * ARABIC 1: Sample size of respondents
RESPONDENTS NUMBER OF SELECTED RESPONDENTS DATA COLLECTION TOOL
Commissioner for land office 9 Questionnaire
Residents 20 Interview
TOTAL RESPONDENTS 29 Source: Researcher, 2018
1.9.4 Data types
Primary data is that information collected for the first time direct from study area CITATION Sin06 l 1033 (Singh, 2006)Under this study primary data are those was collected for the first time directly from Assistant commissioner for land office and residents in southern highland zone through use of interview and questionnaire methods of data collection.
Secondary data was collected through documentation CITATION Fet89 l 1033 (Fetterman, 1989).Valuable background information was collected from published and unpublished literature. These was include such as Reports from Assistant commissioner for land office in southern highland zone, books, journals, projects works, articles, website, newspapers and other trustworthy materials which was relevant to the topic under the study.1.9.5 Data Collection Methods ; data collection tools126.96.36.199 Data collection methods
The study used the following methods for data collection:
Through interview the information was collected orally from the targeted key respondents, structured interviews was applied during gathering information. This method also helped a researcher to assess impacts of decentralizing commissioners for land office on land administration in southern highland zone. The closed ended questions were asked in a standardized orderCITATION PAt06 l 1033 (Patton, 2006).This method adopted because it is fairly quick to conduct that means many interviews can take place within a short amount of time CITATION Bry07 l 1033 (Bryman A. , 2007)
The data was collected by using questionnaires which was designed with questions on a piece of paper that required land officers in Assistant commissioner for land in southern highland zone to respond in writings. These questions included open and closed-ended questions whereby on open-ended questions respondents required to express their views while on closed-ended questions required them to respond objectively. This method was used to all land officers to collect information concern topic, through the use of questionnaires a researcher managed to assess impacts of decentralizing commissioner for land office on land administration in southern highland zone.
188.8.131.52 Data collection tools
Research tool is anything that becomes a means of collecting information for your study is called a research tool or a research instrument CITATION Yin01 l 1033 (Yin, 2001). For example, observation forms, interview schedules, questionnaires, and interview guides are all classified as research tools.This study employed tools such as questionnaires and interview guide.
1.9.6 Data Analysis and presentationData AnalysisData analysis depended on type of data collected. For quantitative data, descriptive statistics analysis was used, while qualitative data analyzed by using content analysis method.
Qualitative data analyzed by using Content Analysis (CA) technique. Data that obtained was broken down into smallest meaningful units of information or themes and tendencies and analyzed in detail CITATION Cha11 l 1033 (Chawla, 2011) also a Hesse-Bieber ; Leavy (2006) provide that content analysis is mostly applied in analyzing purely qualitative data.
Quantitative data that was collected by using questionnaire and checked for completeness and edited in the field before to be coded for analysis by using descriptive statistics analysis method.
Data presentationThis is the organization of the data into tables and charts, so that logical and statistical conclusions can be delivered from the collected measurements CITATION Baj11 l 1033 (Bajpal, 2011).Under this study collected data was presented by using statistical tables and graphical presentation (pie/circle graph).1.9.7 Quality of Tools of Data CollectionQuality of tools of data collection is measured through validity, reliability and objectivity of the research as explained below:
Validity and Reliability
Issues of research validity and reliability need to be addressed in methodology chapter in a concise manner CITATION Kum08 l 1033 (Kumar, 2008). Validity means an extent at which requirements of scientific research method have been followed during the process of generating research findings. CITATION Her08 l 1033 (Herbst, 2008) Considers validity to be a compulsory requirement for all types of studies, Reliability refers to the extent to which the same answers can be obtained using the same instruments more than one time. This enables other researchers to be able to generate the same results by using the same research methods under similar conditions and this happen if a research is associated with high levels of reliability. Therefore in this study both validity and reliability was addressed because the accuracy, dependability and credibility of the information depends on it, a validity (quality/trustworthiness/rigor) was ensured by employing various approaches which are triangulation of information among different sources of data, receiving feedback from informants (member checking) and expert review CITATION Bry04 l 1033 (Bryman A. , 2004)Member checking/informant feedback/respondent validation is a technique used by researchers to help improve the accuracy, credibility, validity and transferability also known as applicability or fittingness of a study CITATION Sea06 l 1033 (Seale, 2006) or it also can explained as process of verifying information with the targeted group CITATION Sin06 l 1033 (Singh, 2006); it allows the participants the chance to correct errors of fact or errors of interpretation CITATION Bar01 l 1033 Invalid source specified..Therefore under this study member checking was done during interview whereby a researcher will restate or summarize information and then question the participants to determine accuracy, if the participants will affirm the accuracy and completeness then the study will be credible CITATION McG01 l 1033 (McGaghie, 2001) The reason of employing this approach in this study is to provide findings that are authentic, original and reliable.
Expert review is the one of the primary evaluation strategies used in both formative (how can this study be improved?) and summative (how the data helped answer the research questions. It is good idea to provide experts with some sort of instrument or guide to ensure that they critique all the important aspects of the study to be reviewed such as interview questions. Therefore under this research expert review was be ensured by regular consultation to supervisor so as to produce a reliable and valid research. CITATION Wal06 l 1033 (Wallace J. W., 2006) Provide that data triangulation validates data and research by cross verifying the same information. This triangulation of data strengthens research paper because data has increased credibility and validity CITATION Rub08 l 1033 Invalid source specified.. Under this research data source triangulation was ensured by using evidence from different types of data sources, such as primary and secondary sources of data through use of methods of interview and Questionnaires.
Neutrality during asking of questions will be ensured so as guarantee objectivity of the data collected to inform the study1.9.8 Ethical ConsiderationInformed consent was ensured before everyone is involved in the study. Introductory letter for data collection from Ardhi University was delivered to Assistant commissioner for land office in southern highland zone and they were free to accept to provide information on the study. This research work is written in a language that does not embarrass person’s gender, sex or ethnicity
Limitations of the studyThe researcher faced various problems when carrying out this study. Some of these challenges:
Time limitationThis is because, the study involves field study whereby collection of information from respondents especially land officers required enough time this is due to the fact that they was so busy with office works something led to the failure of other respondents to respond to the questionnairesSuspiciousness of the RespondentSome respondents especially residents were unwilling to cooperate since they were suspicious about the study. Many perceived it as sharing very vital information which they were not ready to furnish the researcher with.Budgetary LimitationThe cost involved in collection of information was big something led to several difficulties to the researcher. This involved accommodation cost in field waiting for feedback from respondents who took a week to provide feedback. Also travelling cost, a researcher moved from one side to another of the city randomly looking for residents to respond to the study.1.9. Parts of the DissertationThis dissertation is divided into four major chapters: Chapter one covers background of the study, research problem, research objectives, literature review, and research methodology, rationale of the study, ethical consideration, scope and limitation of the study. Chapter two covers theoretical and conceptual frameworks of the study. Chapter three covers data analysis, presentation and implication of findings. Chapter four covers summary of research findings, research conclusions and recommendations.
1.10 Chapter summaryThis chapter discussed the background of the study, research problem, objectives of the study, research questions, and scope of the study and the significance of the study to various stakeholders. Also this chapter has exhausted research methodology, literature review, limitation of the study and ethical consideration. The next chapters will concentrate theoretical and conceptual frameworks of the study.
CHAPTER TWO THEORETICAL AND CONCEPTUAL FRAMEWORK2.0 Introduction
The purpose of this chapter is to present definitions of various concepts, theories and on decentralization of commissioner’s office on land administration in Tanzania. Relevant research concepts that inform the study are critically analysed and discussed in the context of this research.
2.1 Definitions of key terms Decentralization
The word decentralization means transfer of power and authority from the central government to local or sub national units of the government for the meeting of grass root peoples demand CITATION Cra951 l 1033 (Craster L, 1995). Decentralization has been defined by various scholars of public administration like CITATION Ami04 l 1033 (Aminuzzaman ; Salahuddin, 2004) as transference of authority from a higher level of government to a lower, delegation of decision making, placement of authority with responsibility, allowing greatest number of actions to be taken where most of the people reside, removal of functions from the centre to the periphery, a mode of operations involving wider participation of people in the whole range of decision making beginning from plan formulation to implementationCITATION Che09 l 1033 (Chema G.S, 2009) .Also Islam (1997) defined decentralization as “the transfer of responsibility for planning, management, raising and allocation of resources from central government to semi-autonomous public authorities or corporations area wide regional or functional authorities or non-government private or voluntary organizations.
Decentralization of commissioner’s office in land administration
This refers to the transfer of for planning, management, raising and allocation of resources from commissioner office at central level to commissioner office at zone office. Decentralization of commissioner’s office in land administration in Tanzania was implementation of decentralization policy which aimed to increase provision of public services, increasing collection of revenue and combating social conflicts such as land conflicts at grass root level. According to the Ministry of Land Housing and Human Settlement Development (MLHHSD) Implementation of decentralization policy in land administration was done by establishment of eight (8) Assistant commissioner office zones of land administration which are zone of Dar es salaam and Coastal where by Dar es salaam is headquarter of zone, southern highland includes Mbeya, Njombe, Rukwa, Ruvuma, Iringa, Njombe whereby Mbeya is headquater of zone, Central zone includes Dodoma, Singida, and Morogoro whereby Dodoma is headquarter of zone, northern zone includes Arusha, Kilimanjaro, Tanga and Manyara, whereby Arusha is headquarter of zone, Lake zone includes Mwanza, Geita, and Kagera whereby Mwanza is headquater of zone, another one is western zone includes regions of Tabora, Kigoma, Katavi whereby Tabora is headquater of zone, southern zone includes Mtwara, lindi and Ruvuma and whereby Mtwara is headquater of zone, and last eight zone involves Simiyu, shinyanga and Mara whereby Simiyu is headquarter of zone .
According to CITATION Ene09 l 1033 (Enemark, 2009) a term “land administration” refers to the processes of recording and disseminating information about the ownership, value and use of land and its associated resources. Such processes include the determination (sometimes known as the “adjudication”) of rights and other attributes of the land, the survey and description of these, their detailed documentation and the provision of relevant information in support of land markets. CITATION FAO17 l 1033 (FAO, 2017) overall aims of land administration is to minimize conflicts regarding rights, restrictions and responsibilities over land, supporting land markets, providing access to land, providing security of tenure, land valuation, resolving conflicts concerning ownership and use of land, gathering revenues from land through sales, leasing and taxation, regulating the use and conservation of land, regulating land and property development.
2.2 Good governance in Land administration CITATION FAO17 l 1033 (FAO, 2017) Good governance in land administration aims to protect the property rights of individuals and enterprise as well as of the state by introducing such principles as transparency, accountability, rule of law, equity, participation and effectiveness into land related public sector management. A weak governance in land administration leads to insecurity of tenure, high transaction cost, informal land transaction, reduced private sector investment, land grabbing, limited local revenue, unsuitable natural resources management, and erosion of ethics and standard of behaviours, landlessness and inequitable distribution of land and social and political instability.
2.2.1 Principles of good governance in land administration
Integrity and accountability
Accountability in land administration can be improved through the implementation of uniform service standards that are monitored, codes of conduct for staff (as well as mechanisms of sanction) and incentives such as awards for outstanding employeesCITATION Ene09 l 1033 (Enemark, 2009).
CITATION LWi03 l 1033 (Willy, 2003) The effectiveness of land administration depends on capacity building and financial provision, as well as on the general social political conditions, such as political will and commitment, the rule of law, regulatory, quality and political stability
Procedures to register property transactions should be short and simple. The fewer steps there are, the less opportunity for informal payments CITATION Esk02 l 1033 (Eskel, 2002).
Transparency, consistency and predictability
Transparency recruitment of staff and transparent services standards and costs of service will contribute to higher efficiency, accountability, fairness and confidence in agency integrity CITATION Azf99 l 1033 (Azfar, 1999).
Legal security and rule of law
Good governance in land administration requires a consistency and coherent legal framework, a fair and transparent judiciary and general prevalence of the rule of law to protect property rightsCITATION IPW06 l 1033 (Williamson I. , 2006).
Equity, fairness and impartiality
All people should have the same access to service and receive the same service standards independent of their political or economic status. The introduction of counter offices and a numbering system for customers’ arrival (first come first served) may achieve this objective CITATION Azf99 l 1033 (Azfar, 1999).
Civic engagement and public participation
Client orientation and responsiveness in land administration can be achieved through improved access to information, customer surveys to measure customers’ satisfaction and hotlines to enable customers to report corruption and misconduct.
2.2.2 Benefits of good governance in Land Administration
For conflict prevention and resolution
Through good governance in land administration, conflicts over property rights that are due to bribery and fraud can be avoided. Free from corruption, courts can deliver just resolutions of land disputesCITATION Bur08 l 1033 (Burns T. D., 2008).
For economic growth and job opportunities
Good governance in Land management and registration increases land tenure security, reduces conflicts, decreases transaction costs and therefore provides incentives for private sector investment CITATION Dal99 l 1033 (Dale, 1999).
`Good governance in land administration favours inclusiveness: it brings the rule of law within the reach of the poor. Transparent state land management, as well as equal, cheap and fast access to land registration services, legal aid and diversity of options providing tenure security all improve poor people’ access to land, protect them from illegitimate evictions and improve their status and position within society CITATION Bel07 l 1033 (Bell, 2007).
For public sector management
Weak governance in land administration lead to high percentage of land transaction being done informally, good governance can bring land transfers back into formal market. This will allow the state to benefit from land use plans. Good governance also protects state assets from illegal exploitation and sale CITATION Gab11 l 1033 (Gabral., 2011).
CITATION Ene09 l 1033 (Enemark, 2009) Tenure security resulting from good governance creates a long term perspective and therefore an incentive for landowners to use their land in a sustainable manner, transparent state land management, combined with people’s participation helps protect the environment, because there will be fewer illegal transfers of state land in environmentally sensitive areas.
For individuals citizens and society as a whole
Because good governance increases tenure security and reduces land conflicts, citizens feel more secure. They also gain more confidence in each other, the state and institutions. This is fundamental to sustaining social and political stability CITATION Ene09 l 1033 (Enemark, 2009).
2.3 Ten principles of Land Administration
Table2. SEQ Table2. * ARABIC 1: Principles of land administration TEN PRINCIPLES OF LAND ADMINISTRATION
1.Land management paradigm The land management paradigm provides a conceptual framework for understanding and innovation in land administration system. The paradigm is the set of principles and practices that define land management as discipline. The principles and practices relate to the four functions of LAS-namely, land tenure, land valuation, land use, and land development, and their interactions. These four functions underpin the operation of efficient land markets and effective land use management.
2.Peopleand institutions Land administration systems are all about engagement of people within the unique social and institutional fabric of each country. This encompasses good governance, capacity building, institutional development, social interaction, and a focus on users, not providers. LAS should be reengineered to better serve the needs of users, such as citizens, governments, and businesses.
3. LAS LAS provide the infrastructure for implementation of land policies and land management strategies in support of sustainable development. The infrastructure includes institutional arrangements, a legal framework, processes, standards, land information, management and dissemination systems
4.Rights,restrictions, and responsibilities LAS form the basis for conceptualizing rights, restrictions, and responsibilities (RRRs) related to policies, places, and people. Rights are normally concerned with ownership and tenure whereas restrictions usually control use and activities on land. Responsibilities relate more to a social, ethical commitment or attitude toward environmental sustainability and good husbandry.
5. Cadastre The cadastre is at the core of LAS that provide spatial integrity and unique identification of every land parcel. Cadastres are large scale representation of how the community breaks up its land into usable pieces, usually called parcels. Most cadastre provides security of tenure by recording land rights in a land registry.
6.Technology Technology offers opportunities for improved efficiency of LAS and spatial enablement in terms of land issues. The potential of technology is far ahead of the capacity of institution to respond. Technology offers improvements in the collection, management, and dissemination of land information.
7.Spatialdata infrastructure Efficient and effective LAS that support sustainable development require an SDI to operate. The SDI is the enabling platform that links people to information. It supports the integration of natural (primarily topographic) and built (primarily land parcel or cadastral).The SDI also permits aggregation of land information from local to the national level.
8.Measures for success A successful land administration system is measured by its ability to manage and administer land efficiently, effectively, and at low cost. The success of a land administration system is not determined by the complexity of legal frameworks or the sophistication of technological solutions. Success lies in adopting appropriate laws, institutions, processes, and technologies designed for the specific needs of the country or jurisdiction
9.Processes LAS including a set of processes that manage change. The key processes concern land transfer, mutation, creation and distribution of interests, valuation, and land development. The processes, including their actors and obligation, explain how LAS operate as a basis for comparison and improvement. While individual institutions, laws, technologies, or separate activities within LAS, such as property in land registry, specific piece of legislation, or technology for cadastral surveying, are important in their own right, the processes are central to overall understanding of how LAS operate.
10.LAS are dynamic LAS dynamism has four dimensions: The first involves changes to reflect the continual evolution of people-to-land relationships. This evolution can be caused by economic, social, and environmental forces. The second dimension is evolving ICT and globalization, and their effect on the design and operation of LAS. The third dimension is the dynamic nature of the information within LAS, such as changes in ownership, valuation, land use, and the land parcel through subdivision. The fourth dimension involves changes in the use of land information
Source: CITATION Lor04 l 1033 (Lorenzo, 2004)2.4 Global challenges of land administration in our changing worldLand use planning
(Williamson, 2006) Mixed land use stimulates social interaction and economic development and is a key feature of successful cities. However, many master plans seek to inhibit this in favour of superficial forms of order. Planning should also maximise the proportion of land in private, revenue-generating use. Satellite cities have increased transport costs and encroached on large areas of productive rural land, suggesting that greater focus should be given to developing more compact poly-centric cities. Innovative approaches to balance the interests of public and private sectors have generated many examples of innovative partnership. However, private interests have increased with land commercialization, weakening public influence CITATION IPW03 l 1033 (Williamson, 2003).
Security of tenure
CITATION Wal06 l 1033 (Wallace J. W., 2006) Conflicts over land are the most common form of litigation in many countries, impeding social and economic development. Dual or multiple legal land tenure systems present both policymakers and residents with major challenges. Many pragmatic responses have evolved which command social legitimacy, even if they lack full legal authority. CITATION Ben05 l 1033 (Bennett, 2005) Claims that property ownership can help lift people out of poverty have been grossly exaggerated and have not only raised land prices to levels that many cannot hope to afford, but have rendered many vulnerable to market-driven displacement. Even more seriously, unless all subsequent land transfers are formally registered, the certainty provided by titles ceases to exist. The lesson is clear; for the young, the poor and the elderly, ownership can be a burden rather than a benefit, so government need to promote a range options to meet diverse needs CITATION Wal05 l 1033 (Wallace J. I., 2005).
CITATION Tin99 l 1033 (Ting, 1999) Planning standards, regulations and administrative procedures for registering, developing and transferring land exert considerable influence over the equity and efficiency of land markets. These norms are formulated by professionals but have proved inappropriate to needs in many countries. For example, official minimum plots sizes are too often based on aspirations not realities and impose costs that many cannot afford, forcing them into various forms of unauthorised development and making it impossible for many existing residents to become legal. CITATION Kal05 l 1033 (Kalantari, 2005)The number of administrative steps, costs and time required to register and develop land deters many people from conforming to official norms and is a widespread source of corruption. Innovative approaches, such as ‘One-Stop-Shops’, have improved land management and governance, but need to be more widely adopted.
2.5 Theory of modern land administration
Land management paradigm
CITATION Ste04 l 1033 (Steudler, 2004) Provides that a cornerstone of modern land administration theory is land management paradigm in which land tenure, value, use and development are considered holistically as essential and omnipresent functions performed by organized societies. Within this paradigm, each country delivers its land policy goals by using a variety of techniques and tools to manage land and resources. However, what is defined as land administration within this management techniques and tools is specific to each jurisdiction but the core ingredients cadastres or parcel maps and registration systems remain fundamental to the discipline. CITATION Ene041 l 1033 (Enemark S. , Building Land Information Policies. Proceedings of Special Forum on Building Land Information policies in the Americas, 2004) Land management paradigm is theoretical and universal in application, in that it can be used by any organization, especially national governments, to design, and construct their LAS. The core idea behind the paradigm involves moving land administration beyond its familiar functions of mapping, cadastral surveying and registering land.
Figure2. SEQ Figure2. * ARABIC 1: The land management paradigm (Enemark et al., 2005)Land Administration function
The operational component of the land management paradigm is the range of land administration function that ensure proper management of rights, restrictions, responsibilities, and risks in relation to property, land and natural resources. The functions include the processes related to land tenure (Securing and transferring rights in land natural resources, land value (valuation and taxation of land and properties), land use (planning and control of the use of land and natural resource), and increasingly important, land development (implementing utilizes, and construction planning). These functions interact to deliver overall policy objectives and are facilitated by appropriate land information infrastructure that includes cadastral and topographic datasets CITATION Ene05 l 1033 (Enemark S. , 2005).
Land policy framework
Land policy is the part of the national policy on promoting objectives such as economic development, social justice and equity, and political stability. Land policies vary but in most countries, they include poverty reduction, sustainable agriculture, sustainable settlement, economic development and equity among various groups within society CITATION Cro00 l 1033 (Crook, 2000).
Land Information Infrastructure
This component includes land data engines and spatial data infrastructure (SDI) which is enabling platform for data and service discovery, access, integration, and usage to support decision making process CITATION Ene08 l 1033 (Enemark S. M., 2008). The core components of SDI include people, data, access network, policy and standards. Rajabifard and Williamson in their paper have proposed the core components of SDI are as policy, access networks, technical standards, people (including partnerships) and spatial data. This model proposes that the fundamental interaction between spatial data/resources and the stakeholders (people) is governed by the dynamic technological components of SDI including access networks, policies and standards.
Figure2. SEQ Figure2. * ARABIC 2: The land information Infrastructure (Enemark et al., 2005)
This component of the land management paradigm refers to the institutional arrangements and the structure of the land management system in the countryCITATION Ene041 l 1033 (Enemark S. , 2004). In Tanzania president has limited to powers in managing and administering land. Disposition and control of public land is now vested in the Minister responsible for land, the Commissioner for Land, Land Allocation Committees and Local Government Authorities. Land administration is undertaken by specific officers legally mandated; the objective of the Act may be summed as to promote the National Land Policy, and ensuring control and proper disposition of public land through principles such as; effective, efficient, economical and transparent system of land administration. Therefore the Institutions/Officers under the land Act (1999) are (i) Minister for land matters (ii) Commissioner for land (iii)Appointed Officers (iv)Land Allocation Committees (v) Local Government Authorities (vi)National Land Advisory Council
“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. The concept of sustainable development can be interpreted in many different ways, but at its core is an approach to development that looks to balance different, and often competing, needs against an awareness of the environmental, social and economic limitations we face as a society. CITATION Ene08 l 1033 (Enemark S. M., 2008) To achieve sustainable development these familiar functions need to be approached holistically and strategically integrated to deliver, or assist delivery of, the four functions in the paradigm (land tenure, value, use, and development). If the organization and intuitions performing these four functions are multi-purpose, flexible and robust, they are capable of assisting the larger tasks of managing land, and dealing with global land and resource issues.
The paradigm drives adaptability and flexibility of land administration both in theory and in practice, and encourages developed countries to aims for good governance and knowledge management and developing countries to implement food and land security, and poverty security and poverty reduction, while improving their governance and in many cases, building effective land marketsCITATION Ene01 l 1033 (Enemark S. , 2001).
2.6 Experience of decentralizing land administration from other countries
Land administration in Mozambique
Land administration in Mozambique is handled by customary structures of one sort or another was recognised at the time of the 1995 National Land Policy which duly includes recognition of all customary rights as one of its key principles (Tanner, 2002). These customary structures could in fact be seen as the land administration of the country, with the formal state land administration being something of a bolted on extra, which is there to respond to the needs of a very limited number of land users. These structures are by definition ‘decentralised’, at least in terms of the number of places and people in positions of authority, there is neither a ‘national’ nor provincial customary authority. Land administration in the state system, headed by the National Directorate for Land and Forests within the Ministry of Agriculture, and the provincial Services of Geography and Cadastre found in the capital of each province in the country. Even after many years of investment through a range of external assistance programmes, the system is weak and under resourced, and has great difficulty in dealing with even the few thousand or so land holding units (parcels) that are on officials record CITATION USA00 l 1033 (USAID, 2000).
Land administration in Ghana
According to (David Forkuor et al., 2013) the existing framework for the administration of lands in Ghana is headed by a Commission with its Chairman appointed by the President of the Republic. A secretariat of the Commission has been created and it is responsible for the day-to-day administration of four core departments. There are ten other units that provide various supporting services to assist the secretariat in its day-to-day supervision of the four departments CITATION Dav13 l 1033 (David. F, 2013). This new structure still allows traditional authorities to be responsible for the allocation of lands. But to make the traditional authorities effective in performing their role in the administration process, the Commission provides professional and technical assistance to interested traditional authorities to establish Customary Land Secretariats (Land Administration Project, 2010). A critical assessment of this framework for land administration reveals a problematic situation. First, the model excludes units or departments that should be responsible for spatial planning, monitoring of spatial development and revenue mobilization. Rather, the District Assemblies have been made responsible for the spatial planning and monitoring aspects of land administration process. Likewise, revenue mobilization has been left to the Office of the Administrator of Stool Lands to perform CITATION Ric11 l 1033 (Rick de Satgé and Karin Kleinbooi, 2011).
Land Administration in Madagascar
Madagascar, off the eastern coast of Africa, is the largest island in the Indian Ocean. Land administration in Madagascar has been changing with different decentralization approaches since Era of the Malagasy Monarchy (1810-1896) to Era of Land policy reform (2003-2011). The new land legislation (2005-2008) introduced reforms for the modernization of land administration and decentralization of land tenure management to local government (communes-communes rurales), which mandated the legal recognition of local land rights. This new system was given effect by the creation of local land offices with representation of elected villagers and a municipal appointed official, who are responsible for the registering non-titled private property and legitimizing customary holding of land (Burnod et al., 2011).The changing approach to land decentralization in the mid-2000s was necessary to address the completely unsuitable of the system of land governance inherited from the colonial period, which could not cope with the magnitude of demand for land rights security (Teyssier et al., 2010). These systemic weaknesses were magnified by the lack of capacity in the administration for land management functions, which contributed to the despair and disillusion of users who sought to have their rights recognized CITATION LWi03 l 1033 (Willy, 2003).
Land Administration in Botswana
According to Christopher Tanner, The Government of Botswana has identified an improved Land Administration system as a prerequisite for economic development that has the potential to unlock the potential of the country to diversify its economy from over reliance on its major export earner; diamonds. Implementation of decentralization policy on land administration in Botswana goes parallel with different projects as a way of improving land administration, a government of Botswana introduced a project called LAPCAS (Improvement of Land Administration Procedures, Capacity and Systems in Botswana). A project has objective of “Successful social and economic development of the nation of Botswana based on efficient, effective and transparent land administration.” In order to achieve this objective, the following project purpose has been agreed: “Land administration processes and systems are providing the services and information that society needs.” In order to deliver on this project purpose the project has been divided into seven components; national systems for unique referencing of land parcels and location addresses, Improvement of land administration processes, Deeds Register computerisation, Systematic adjudication on tribal land, Development of IT procedures and organization, Exchange and dissemination of land administration data, and Training and study trips CITATION Ric11 l 1033 (Rick de Satgé and Karin Kleinbooi, 2011).
2.6.1 Lessons learned from system of land administration of Mozambique, Ghana, Madagascar, and BotswanaParticipation and transparent practices are essential to increased ownership of the reform process and to obtain sustainability of land administration.
Appropriate technology is a vital input to successful land administration reform LIS development, Geodetic Reference Network, Surveying and Mapping etc.
Access to information about best practices and their adaptability to local conditions are necessary for success.
Appropriate Communication tools are essential for the dissemination of land project deliverables.
Practical and innovative approaches are required in developing methodologies for undertaking key pilots to provide a framework for scaling up.
Political and key stakeholder commitment must not be taken for granted. It must be consciously sustained throughout the project
Small to medium sized projects which are manageable should be preferable rather than one big comprehensive and ambitious programme. Scoping studies, pilots and good baseline studies including implementation capacity are essential before launching the comprehensive project.
Human capacity should be the core around which a land administration project should be designed and implemented, including appropriate remuneration packages. A mixture of consultants and civil servants working together as implementation team is a difficult process to manage. Champions for the reform among key stakeholders must be sought for before implementation.
2.7 Policies and laws guiding land administration in Tanzania
In Tanzania Land declared to be public land and vested in the president as trustee for and on behalf of all the citizens. Land has been defined by land laws (sect.2) as surface of the earth and below the surface and all substances than minerals, gas and petroleum. Land is categorized into major three categories namely village land, reserved land and general land this is clearly indicated in village land (VLA) and land Act of 1999 sect.4. As per sect 2 of land Act of 1999 general land is that land which is not reserved land or village land and it includes un occupied or un used village land, The village land Act (VLA) No. 5 defines general land as land which is not reserved or village land but does not include any of village land whether occupied or un used. And Reserved Land is that land reserved, designated or set aside under the provision of particular Law as elaborated in Land Act 4 of 1999 Sect.6 (1).
Figure2. SEQ Figure2. * ARABIC 3: Land categories in Tanzania
Source: Valentin ngorisa (2015)
2.7.1 Land act No.4 Cap 113 of 1999
As per sect 4 of the Act, provides that for the purposes of the management of land in Tanzania under the land Act and all other laws applicable to land, public land shall be in the following categories; general land, village land and reserved land. Sect 8 elaborates in a detail that at central level a Minister is responsible for policy formulation and ensuring the execution by officials in the ministry of the functions connected with the implementation of the National Land Policy and land laws which are allocated or delegated to him by the President. A minister of lands has the following responsibilities
Giving advice, guidance and directives to the officials in the ministry for the efficient, effective, economical, impartial and transparent administration of land.
Seeking advices from other knowledgeable persons concerning the administration of land and the implementation land laws.
Taking all other necessary actions decisions which will enable him to discharge all the functions which are allocated or delegated to him.
2.7.2 Appointment of Commissioner for Land and other officers
Sect 9 & 10, shows importance of having a commissioner for lands who being appointed by president. A commissioner for Land shall be a person of probity with qualifications skill and practical experience in land management law in the public or private sector. Some of the responsibilities of commissioner for lands include
He or she shall be the principal administrative and professional officer and adviser to, the Government on all matters connected with the administration of land and shall be responsible to the Minister.
The Commissioner may from time to time, as he sees fit, issue and publish circulars and directives on the administration of land law.
Preparing and publishing an annual report on the management of land for which he is responsible and each report shall include all directives given to him or her.
Sect 11, Shows appointments of the officers such as Deputy Commissioner for lands or Assistant Commissioner for lands and other local authority officers. Therefore this Land Act shows how land administration in Tanzania is structured by starting form executive branch to appointed officer at local levels. This decentralization of land administration aimed to improves land governance in all aspects as indicated at sect (1), to improve and to facilitate an equitable distribution of and access to land by all citizens, to ensure that land is used productively and that any such use complies with the principles of sustainable development, to regulate the amount of land that any one person or corporate body may occupy or use and others.
2.7.3 Village land act No.5 of 1999 (VLA)Sect (8) of the Act shows management and administration of village land. According to this Act village land council is responsible for the management of village land, in management of land village council shall have regard to the principle of sustainable development in the management of village land and the relationship other between land use, natural resources and the environment in and contiguous to the village and village land; the need to consult with and take account of the views of other. A Village Council shall at every ordinary meeting of the Village Assembly, report to and take account of the views of the Village Assembly on the management and administration of the Village land. Sect (8) sub sect (6) (a&b) provides that the Ward Development Committee and the District Council and commissioner for lands, having jurisdiction in the area where the village is situated on the management of the village land.
2.7.4 Land Administration structure in TanzaniaFigure2. SEQ Figure2. * ARABIC 4: Land administration structure in Tanzania Executive branch
Minister for lands
Commissioner for lands at central zone
Assistant Commissioner for lands at zonal level
Source; Land Act, 1999
2.8 Major issues and problems in implementing decentralization policiesDependency on Central government
Historically, in Tanzania local government has always been dependant on the desire of the chief executive of the country, to decide whether local government will exist or not, if it should exist at what level(s) of the country? Should to be composed of the elected representatives or the appointed officials or nominated persons? How much power and functions will be transferred from the centre to the local government? In Tanzania these questions have been always been decided by laws of the country CITATION Nan09 l 1033 (Nana, 2009). On the other hand local government is always dependant on central government for finance, in spite of giving them the power to levy and raise local taxes they are always in financial crisis in meeting their recurring expenditure. Even the government allocations also are irregular which causes anxiety and irritation and damages thereby the local initiatives in respect of their functions too CITATION Lun09 l 1033 (Lundberg, 2009).
Inefficiency in Management
One of the basic considerations for setting up local bodies in a country is the question of efficient rendering of services locallyCITATION SNN02 l 1033 (Ndegwa, 2002). While functions of local bodies reflect services required to be rendered locally, in real terms it is dependent upon a sound and efficient management. Good management is a function of various factors like finance, adequacy of able manpower etc. it is also necessary that there exist a proper framework for fostering good management.
Lack of administrative and political support
Political will is the level of commitment a country demonstrates particularly, but not exclusively its national government leaders to decentralization and the development of local governmentCITATION Van01 l 1033 (Vanlanden, 2001). But in the implementation process of decentralization political will of our country seems to be very narrow, Decentralization is a top political priority but we can see here the executive branch, legislative and local officials are its primary advocates or opponents. There is no widespread understanding of the political and socio economic implications of decentralization on other hand there is no established sub national political environment that can have an impact on the debate. Even there are no powerful constituencies who will be adversely affected and will they accept or attempt to neutralize the decentralization reform. Sensitive and important policy like administrative decentralization needs support of tile larger part of administrative-political systemCITATION PDe11 l 1033 (Dejan, 2011).
Shortage of Skilled Personnel at the local level
All the units of local government lack trained, technically expert personnel. Even the training facilities for them also are not adequate; they lack adequate financial support, specialized trainers and physical facilities. Besides the representatives in local government councils do not mind it necessary to be trained. Decentralization program in Tanzania is facing the problem of shortage of skilled trained manpower to perform local functions in implementing administrative decentralization program CITATION Ven10 l 1033 (Venugopal, 2010).
Inadequate physical infrastructure transport and communications linkages
The ability of localities in most of the developing countries to carry out development responsibilities was limited by adverse physical conditions and responsible physical infrastructure, transportation facilities communication networks and roads because poor physical conditions in tile Countryside limited the interaction among local and central government and at the sometime it become very difficult for local official to resource mobilize, supervise field personnel, distribute services and disseminate information CITATION Kaz97 l 2057 (Islam, 1997).
The contradictions between the political wing and administrative wing of the local government unit often disrupt their very functioning CITATION Wor01 l 1033 (Bank, 2001). The officials argue that as the political leaders lack technical expertise required for developmental works, they should work under the supervision and control of bureaucratic official. On the other hand local leaders claim that they are in a better position to understand local problems and find out solutions. All the successive governments were to reshape and reorganize the local self-government in order to get back from these bodies and perpetuate their power.
Ambiguity in the design of decentralization policies
Decentralization policy could not achieve its goal due to ambiguous decentralization policy design. For sound implementation policy should be balanced in all respect. If file extent and purpose of the reforms, the procedures for participation and the roles of the officials at various levels of administration is not very clear ambiguous many problems can be created CITATION Kaz97 l 2057 (Islam, 1997).
Weaknesses in local organizational Instructional
Implementation of decentralization policy may be obstructed by the absence of or weaknesses in supporting institutions CITATION Wil17 l 1033 (Wilfred, 2017). In Tanzania, from our experiences with decentralization program in 80s we have found that strong local organizations have a great role, in fastening the development process. From the above discussion the main problems of local government in Tanzania may be identified as follows which are obstacles to implement the Decentralized effort.
2.9 Conceptual framework(UN-Habitat), 2017 and CITATION Qua17 l 1033 (Quan, 2017) suggest that a framework should be approached as an assessment tool that is considered along a continuum of various stages of achieving good governance throughout land administration. The development of a conceptual framework began with a comprehensive review of land administration systems, both formal and informal and of recent project experience in strengthening land administration systems in Tanzania. Informed also by the governance literature, central to the conceptual framework is the development of the coherent set of eight statements that set out objectives for good governance in land administration. The centre of the conceptual framework approach has two pronged approach stemming from the objectives, one area concentrates on an assessment of factors affecting the historical and current land administration arrangements and policies, land market activities, and other social and economic drivers of development of the country. Second area considers empirical data guided by more quantitative studies that will result in producing indicators for comparative assessment, preferably indicators that can be replicated for comparison over and possibly locations, whether these are inter or intra-regional.
Figure2. SEQ Figure2. * ARABIC 5: Conceptual framework for land administrationStrategies for Good Governance in Land Administration
(Key issues, Underlying causes, possible policy interventions)
Objectives for Good Governance in Land Administration
(Country Land Policy Context) (Indicators)
Good Governance Principles
(Accountability, participation, Fairness, Effectiveness)
Source: (Burns & Kate Dalrymple, 2008)
2.10 Chapter summaryBasically, this chapter has covered the meaning of the key terminologies as far as this study is concerned. Besides, the concepts of decentralization of commissioner’s for land office, land administration, good governance in land administration, Policies and laws guiding land administration in Tanzania, Experience of decentralizing of land administration from other countries, Major issues and problems in implementing decentralization policies, principles of Land Administration, Global challenges of land administration in our changing world and conceptual framework of land administration. The next chapters will concentrate on presentation of findings and discussion from the field.
CHAPTER THREEFINDINGS AND DISCUSSSION3.0 IntroductionThis chapter presents what was found in the field, specifically, on the impacts of decentralization of commissioner offices on land administration in Tanzania, a case of southern highland zone. it explicitly covers the identification of objectives of decentralizing commissioner’s office on land administration in Tanzania, practices before and after presence of commissioner’s office on land administration in southern highland zone, to point out achievements attained so far, also to point out challenges currently hindering achieving objectives of decentralization of commissioner’s office on land administration in southern highland zone, suggesting the proper measures of combating challenges and improving commissioner’s office so as to meet intended objectives.
3.1 An overview of study area3.1.1 Geographical location and borders of study areaRasmussen and Torben (2004) Tanzanian southern highland zone refers to the region encompassing four provinces of Iringa, Mbeya, Rukwa, Njombe, and Songwe. It is bordered by Malawi, Zambia, Kigoma, Singida, Tabora, Mozambique, Dodoma, Morogoro, Mtwara and Lindi. The region lies between latitude 9.1667º south of the Equator and between longitude 34.5167º east of the Greenwich.
3.1.2 Climate and GeographyThe region is greatly influenced by physiology and altitude. The climate is generally tropical with marked seasonal and altitudinal temperature variations and sharply defined dry and rainy seasons. CITATION Yas12 l 1033 (Yassin, 2012) The temperature averages range between 16ºC in the highlands and 25ºC in the lowland areas. The highlands comprise a range of volcanic mountains, partly covered in forest and grassland, a region is Tanzania’s main bread basket and also experiences the coldest weather in the Republic, especially in the months of June. It also experiences the highest rainfall in Tanzania for part of the year. The region is a tourist attraction with several plateaus, grasslands, the Great Rift Valley, lakes and the TAZARA railway (Latham,P, (2008).
3.1.3 Accessibility to the study area A study area is accessible by road and TAZARA railways from Dar es Salaam through Pwani, Morogoro, Iringa and Njombe Regions; it is a junction to Tabora and Singida through Chunya and Itigi-Manyoni districts. Although not all the roads are passable easly during rainy seasons, they expected to be so in the near future when the connections to Tabora will be tarmacking CITATION Yas12 l 1033 (Yassin, 2012).
Figure3. SEQ Figure3. * ARABIC 1: A map of Southern Highland zone
Source: Google (accessed 3.7.2018)
3.1.4 Ethnic Groups
The main indigenous ethnic groups in the Region are Nyakyusa, Ndali, Nyiha, Nyamwanga, Bungu, Bena, Hehe and Safwa. Others who form significant minorities are the Kisi, Malila, Masai, Kinga, Hehe, Wanji, Sukuma and the Sangu. The Nyakyusa are mainly in Kyela, Mbeya and Rungwe districts while the Sukuma, Sangu, Hehe, Kinga and Masai predominate in Mbarali district,the Safwa people, mostly found in Rungwe, Mbeya and Chunya districts.
3.1.5 Economic development in the study areaThe economy of region is based on agriculture, livestock keeping, mining, natural resources, manufacturing , commercial activities and employment in the public and private sectors. It accounts close to 69% of the Region’s GDP. Agriculture contributes most of the Region’s cash income mainly from maize, sorghum, finger millet, cassava, beans, groundnuts, cowpeas, rice, cotton, tobacco, onion, sorghum and pigeon peas’ production. Generally the crop sub-sector’s performance has been adequate to ensure good food security, although the sector still depends on variable climatic conditions in the form of rainfall.
3.1.6 Administrative Units of the regionHeadquater of southern highland zone is Mbeya, According to Mbeya Commissioners’ office, Mbeya Region covers a total 35,954 sq. kms, which is 4.1% of the total area of the United Republic of Tanzania excluding sea area of 883,343 sq km. Out of the Region’s total surface area, 35,954 sq. kms is dry land and 753 sq. km covered with water bodies of Lake Nyasa and rivers Kimani, Chimala, Igurusi, Kiwira, Lufilyo, Mmbaka and Zira. Table 3.1 shows that distribution of the Region’s area, capital cities, number of district, and area and population size in southern highland zone.
Figure3. SEQ Figure3. * ARABIC 2: Distribution of Regions in southern highland zoneREGION CAPITAL DISTRICT AREA POPULATION(2012)
Mbeya Mbeya 7 35954km22707410* Iringa Iringa 5 35503km2941238 Njombe Njombe 6 21347km2702097 Rukwa Sumbawanga 4 22792km21,004,539 Ruvuma Songea 6 63669km21,376,891 Songwe Vwawa 5 27656km2*
*Songwe Region did not exist at time of the 2012 Tanzanian Census; it was split from the western part of Mbeya Region in 2016.
Source: National Bureau of Statistics (2012).
3.4 Objectives of decentralizing of commissioner’s office on land administration in southern highland zone.To deal with all land matters in a southern land administration zone
To resolve land conflicts easily in southern highland zone (Mbeya, Rukwa, Iringa, Ruvuma, Songwe and Njombe).
To plan, survey and allocate land to the applicants in all regions of southern highland zone.
To collect land rent with cooperation with district councils in a zone
To improve land service delivery to residents in southern highland regions by making commissioner’s office more democratic and autonomous within the framework established by central government and under conditions of severe resource constraints.
To increase accountability to land officers and participation of people in planning and decision making.
Figure3. SEQ Figure3. * ARABIC 3: Picture of Assistant commissioner for land office in southern highland zone
Source: Field data, 2018
3.5 Practices of land administration before decentralization of commissioner’s office in southern highland zoneIn studying practices of the land administration services before presence of commissioner’s office in southern highlands zone, 9 land officers from Assistant commissioner office in southern zone and responded through questionnaire and 20 residents were interviewed on practices of land administration in southern highland zone before presence of Assistant commissioner office, in general land administration was very difficult. The results were presented in Table 3.2 below:
Table3. SEQ Table3. * ARABIC 2: Practices of land administration before decentralization of commissioner’s office in southern highland zoneS/NO Land administration practices Number of respondents % of responses
1. Delaying in Title deeds delivery 12 41%
2. Poor access of Land information 5 17%
3. Delay in land development in southern zone 3 10%
4. High cost involved (e.g. transport cost ) 5 17%
5. Difficulties in resolving land conflicts 4
TOTAL 29 100%
Source: Field data, 2018
41% of the responses mentioned delaying in title deeds delivery as the one of the practices of land administration before decentralization of commissioner’s office while 17% of response mentioned poor access of land information like one of the practices dominated a time before presence of commissioner’s office on land administration in southern zone, 10% of responses show that land development before decentralization of commissioner’s office was very slow, 17% of responses show that high cost in terms of travelling from southern zone to Dar es salaam to chase their certificate of occupancy and other legal document relating to land like transfer, mortgage. 14% of responses commented that resolving of land conflicts in southern highland zone was so complicated because it took a long journey to make a follow up until land disputes solved. The findings from Table 2 are presented on Figure 3.2 below:
Figure3. SEQ Figure3. * ARABIC 4 Practices of land administration before presence of Asst. commissioner for land in southern highland zone.
Source: field data, 2018
The findings from figure 3.2 imply that practices of land administration in southern zone before decentralization of commissioner’s office was difficulties characterized by delaying in Title deeds delivery, this means people from southern zone required to travel to headquarters to chase their certificate of occupancy, therefore people incurred cost to make follow up . Also the availability and access of land information in a zone before presence of Assistant commissioner’s office was inefficient something led to delaying in land development and resolution of land conflicts was challenge because all land disputes presented to ministry of land headquarters this led delaying in resolving land conflicts something caused social instability among societies and people.
3.6 Practices of land administration after decentralization of commissioner’s office in southern highland zoneIn studying practices of the land administration services after presence of commissioner’s office in southern highlands zone, 9 land officers from Assistant commissioner office in southern zone were responded through questionnaire and 20 residents were interviewed on practices of land administration in southern highland zone after presence of Assistant commissioner office, in general land administration after presence of Assistant commissioner’s office has been improved compared to the time before decentralization of commissioner’s office. The results were presented in Table 3.3 below:
Table3. SEQ Table3. * ARABIC 3: Practices of land administration after decentralization of commissioner’s office in southern highland zoneS/NO Land administration practices Number of respondents % of responses
1. Provision of information on land matters (e.g. official search) 4 14%
2. Addressing land conflict in large amount 9 31%
3. Land services delivery is convenience 6 21%
4. Surveying and mapping -Land value has been increasing 3 10%
5. Title deeds delivery has increase day after day 4
6 Mobilising land rent collection- Increased revenue collection 3 10%
TOTAL 29 100%
Source: Field data, 2018
31% of the responses mentioned addressing of land conflicts as the one of the practices of land administration after decentralization of commissioner’s office while 14% of response mentioned provision of information on land matters like one of the practices done by commissioner’s office on land administration in southern zone, 21% of responses show that land service delivery is convenience, 10% of responses show that office has been convincing people to survey their land in order to increase land values. Title deeds delivery has been increasing day after day this proved by 14% of respondents also an office has been mobilizing people to pay land rent; this has been resulting to efficient collection of land rent. The findings from Table 3.3 are presented on Figure 3.3 below:
Figure3. SEQ Figure3. * ARABIC 5 Practices of land administration after decentralization of commissioner’s office in southern highland zone
Source; field data, 2018
The findings from figure 3 imply that practices of land administration in southern zone after decentralization of commissioner’s office has improved; now Assistant commissioner’s office has managed to solve at large extent problems dominated before presence of commissioner’s office. Assistant commissioner’s office has managed to address more than 250 land conflicts (Majors and Minors) since its introduction in December 2018, by providing chance for residents in southern highland to present, listen and solve their land disputes to the office. Now provision of land information is efficient example through official search, delivering of land services and title deeds done efficiently and collection of land rent
Contributions made by commissioner’s office on land administration in southern highland zone.
In studying contributions of commissioner’s office in southern highlands zone, 9 questionnaires distributed to land officers in Assistant commissioner office in southern zone and 20 residents were interviewed and the following was the results as presented in Table 3.4 below:
Table3. SEQ Table3. * ARABIC 4: Contributions made by commissioner’s office on land administration in southern highland zoneS/N AREA OF INTEREST RESPONSES OF LAND OFFICERS (ACHIEVEMENTS OF ASSISTANT COMMISSIONER’S OFFICE IN SOUTHERN ZONE)
1 Conflict resolution It has managed to solve more than 250 land conflict in a region
E.g. the land conflicts between an investor and villagers at Kapunga village in Mbarali district whereby an investor encroached on villager’s land, ultimately more than 1600 hectare subdivied to solve the conflict. Other areas where land conflicts solved includes Itezi, Mwakibete, Igurusi, Sisitila.
2 Title delivery An office has been introducing surveying of land projects and educating people to organize themselves to survey their land to get CRO’s and CCRO’s in secure their land and increase their values. E.g Itezi, sisitila, Ituha
Since beginning of an office 2018, managed to deliver 32400 certificate of occupancy to Registrar of Titles for registration.
3 Provision of information to people An office managed to provide land information to residents in southern highland zone E.g. Sensitization on land use plan and regularization which took place in Makete, Igumbilo in a region of Iringa also delivering service of official search to people
4 Revenue collection Through use of Land Rent Management System (LRMS, EGPG and MOLIS), land rent collection has increased and helped in avoidance of loss of revenues through corruption practices. E.g. An office facilitated a Ministry of Lands, Housing and Human Settlements Development to collect a total of 60bn/- in taxes, equivalent to 85 per cent out of 70bn/- , the target for the 2015/16 fiscal year. The office of the Assistant commissioner for lands in cooperation with District councils has collected Tshs.5.8bn in land tax from July 2016 to May 2017 CITATION Nel17 l 1033 (Nelson, 2017).
5 Management of land development Imposing fines to all land owners who violating the directive of developing land in the city and revocation of abounded land. E.g. Tshs.2.1bn was collected between July 2016 and May 2017 from 51 defaulters who settled their debts after being charged in court of law CITATION Nel17 l 1033 (Nelson, 2017).
6 Participation of people People area well involved in planning and surveying of their land in order to increase the value of their land and reducing unsurveyed land into their surrounded areas. E.g. Sensitization in Makete district 2016 and Igumbilo for regularization 2018.
7 Reduce burden from Ministry of land Burden has been reduced because all activities to be done under Ministry now many solved addressed in a zone E.g. Signing of certificate of occupancy done in zone’s office, more than 250 Land conflicts are now reported in zone’s office, 32400 certificate of occupancy approved and sent to registrar of title for registration.
8 Increase land value By delivering 32400 CRO’s in a region facilitated security of tenure something value of land. An office has been conducting surveying projects and regularization E.g. Regularization in Igumbilo 2018.
Source; field data, 2018
3.8 Challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zoneIn studying challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone 9 questionnaires were distributed to land officers, the following results were presented in Table 3.5 below:
Table3. SEQ Table3. * ARABIC 5: Challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zoneS/NO Challenges facing Number respondents % of responses
1. Lack of assistant Commissioner’s for lands for long time 3 33%
2. Insufficient office space 2 22%
3. Shortage of working tools and poor internet in office 2 22%
4. Allocation of small budget to the zone 1 11%
5. Shortage of officers in office and poor land registry 1 11%
TOTAL 9 100%
Source: Field data, 2018
33% of the responses mentioned lack of Assistant commissioner for land for long time after retirement of Assistant commissioner for land Mr. Msigwa Malaki in February 2018 as the main challenge currently affecting Land administration in southern highland zone signing of certificate of occupancy and other documents done in Central zone, title deeds being sent to headquarters of central zone (Dodoma) for signing. This has been causing delaying in delivering of title deeds also an office has been incurring unnecessary costs like transporting cost of title deeds to Dodoma. 22% responses show that a current office space is insufficient and poor land registry, 22% responses show that working tools are no enough for daily office activities these includes rims of papers, deeds, hard covers, and other stationery tools and 11% responses commented that allocation of small budget to the zone has been a reason for office to fail in financing itself in small matters like buying of enough office working tools. In addition 11% also commented that in office there is poor internet service and shortage of officers. The findings from Table 3.5 are presented on Figure 3.6 below:
Figure3. SEQ Figure3. * ARABIC 6 Challenges facing Assistant commissioner’s for land office in a zone
Source; field data, 2018
The findings from figure 4 imply that commissioner’s office for land in southern highland zone current facing challenges like lack of Assistant commission for lands, insufficient office space, shortage of working tools, allocation of small budget to the zone, and shortage of officers in office. These challenges has been causing land administration in southern highland zone to delay in delivering title deeds because shortage of working tools, and uncomfortable working environments because of inefficient office space.
3.9 Measures to combat challenges in Asst. Commissioner for land office and improves land administration in southern highland zoneIn studying measures towards challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone 9 questionnaires were distributed to land officers, the following results were presented in Table 3.6 below:
Table3. SEQ Table3. * ARABIC 6: Measures to combat challenges and improves land administration in southern highland zoneS/NO Suggested measures Number respondents % of responses
1. To build office of Asst. Commissioner for lands in the zone 2 23%
2. To increase a budget of Asst. Commissioner for lands office 2 22%
3. To appoint the Asst. Commissioner for lands 5 55%
TOTAL 9 100%
Source: Field data, 2018
Figure3. SEQ Figure3. * ARABIC 7: Measures towards challenges facing Assistant commissioner for land office
Source: Field data, 2018
The findings from figure 3.5 imply that commissioner’s for lands office in southern highland zone current facing challenges which needs immediate actions to make sure land administration services continue to be provided in effective and efficient manner. Appointing of Asst. commissioner for land should be done immediately according to the section 11 of Land Act No.4, 1999. A central government should increase budget to the land sector in order to facilitate timely provision of services.
3.10 Summary of the ChapterThe chapter has provided an overall view of decentralizing commissioner for land office on land administration in southern highland zone. The findings succeed to answer aims of this study therefore this brings a researcher to the position to provide the observation, recommendation and conclusion of the study.
CHAPTER FOURSUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS4.0 Introduction
The key objective of this study was to assess impacts of decentralizing commissioner’s office on land administration in Tanzania. In achieving this objective, the southern highland zone was selected as the case study. From the southern highland zone the researcher was able to answer the research specific objectives presented in chapter one of this report. These objectives included to identify objectives of decentralizing of commissioner’s office on land administration in Tanzania, to examine land administration practices before and after decentralization of commissioner’s office in southern highland zone, to identify contributions made by commissioner’s office in land administration in southern highland zone after being decentralized, to identify challenges hindering achieving objectives of decentralizing commissioner’s office on land administration in southern highland zone, to suggest possible measures to combat challenges and improves land administration in southern highland zone.
Furthermore, the research raised a number of questions, which called for research to be done. The questions were: – first, what were objectives of decentralizing commissioner’s office in land administration in Tanzania, second; what were practices of land administration before decentralizing of commissioner’s office in southern highland land administration zone, third; what are the practices of land administration in southern highland zone after decentralization of commissioner’s office, fourth; What are the contributions/achievements that have been made in southern highland zone after decentralization of commissioner’s office, fifth; What are the challenges hindering achievement of objectives of decentralizing commissioner’s office in southern highland zone. Therefore, this part of the research presents a summary of findings, conclusions, and recommendations emanating from the major findings of the study and subsequent discussions.
4.1 Summary of Research FindingsThe objectives of this study are met and the findings are summarized below in reference to specific objectives of this study:
4.2 Objectives of decentralizing of commissioner’s office on land administration in southern highland zone.The findings revealed that, the objectives of decentralizing commissioner’s office on land administration in southern highland zone was to deal with all land matters in a southern land administration zone like planning, surveying and allocating land to applicants, collection of rent revenue in a zone, to improves land service delivery and increasing accountability to land officers and participation of people in planning and decision making. Therefore residents in southern zone now present all matters relating to land to the Assistant commissioner for land office.This fall in line with Mukandala (1998) with his work “objective of administrative decentralization policy”
4.3 Practices of land administration before decentralization of commissioner’s office in southern highland zoneIt was revealed from the research findings that, the practices of land administration before presence of Assistant commissioner’s office was complicated, people forced to travel to the Ministry land at headquarters in Dar es Salaam to chase their title deeds, this led people to incur high cost including travelling cost. Also insufficient of land information led to led to delaying in land development and resolution of land conflicts. This relates to CITATION Ako06 l 1033 (May, 2008) on his studies about challenges facing land administration in Africa.
4.4 Practices of land administration after decentralization of commissioner’s office in southern highland zoneIt was revealed from the research findings that, the situation of land administration after introducing Assistant commissioner office in southern highland zone has improved. Now all land matters done in a zone contrary to the former situation which forced people to incur unnecessary cost. Currently within a week people obtain their title deeds, land information is efficiently provided; land disputes resolution has been done within a short period of time, this enable southern highland zone to have satisfactory land administration which clearly displayed by land development in a zone.
4.5 Contributions made by Assistant commissioner’s for land office on land administration in southern highland zone.It was revealed by the findings that, presence of Assistant commissioner for land office in southern highland zone has contributed a lot to the improvement of land administration in a zone; An office has succeed to solve 250 land conflicts which survived for long time like land conflict between an investor and villages in Kapunga village at Mbarali district also in Sumbawanga and many others. 32400 CROs delivered this means size of surveyed land in southern land has been increasing since introduction of Assistant commissioner for land this enable people to improve their life by using their secured land as collateral to obtain loans from financial institutions. All people they have accessibility the office to present their matters relating to land including land conflicts and documents for signing, this contributed a lot to the people of southern highland to avoid unnecessary cost of travelling to the headquarters in Dar es Salaam.
4.6 Challenges hindering achieving objectives of decentralizing commissioner’s for land office on land administration in southern highland zoneThe findings from the field have shown that there’s a need to improve Assistant commissioner for land office because a part from benefits acquired by residents in southern highland zone due to the presence of Asst. commissioner for land office still an office has been facing like lack of Asst. commissioner for land for long time now since February, 2018 when previous Asst. commissioner Mr. Msigwa Malaki retired. The absence of commissioner leading to the delay in delivering title deeds and signing of other documents relating to land like transfer deeds. Also the current office is not sufficient because space is limited; land registry is poor and shortage of working tools in an office. Furthermore a current internet network is very slow this brings complications when it comes using a network in introduced information software of (LRMS, EGPG and MOLIS).
Measures to combat challenges in Asst. Commissioner for lands office and improves land administration in southern highland zone
Respondents from findings provided their suggestions on how to combat all challenges that facing Asst. Commissioner for land office in southern highland zone as follows;
To build an office of Assistant commissioner for lands in a zone.
To appoint the Assistant commissioner for lands according to the Land Act No.4, 1999.
To increase the budget of Assistant commissioner for lands office.
Provision of enough working tools, e.g. cars
Installation of good, efficient and reliable internet services.
To employ land administration professionals especially to local government offices
4.7 Research ConclusionsBasing on the research findings analyzed in the previous chapter, the study connects on important of improving land administration in southern highland zone so as to make performance of land administration in a zone to be more effective and efficient. Also, certain conclusions were reached on the main objective of the study. For clarity and easy understanding, the conclusions were structured according to specific objectives and research questions as presented below:Land administration needs regular assessment so as to determine where the weaknesses are and where to strengthen; national policies also should be reviewed frequently to facilitate development in land administration. Researchers on land administration in Tanzania in their studies should consider our land administration offices so as to make sure land administration improves day after day; this will leads to land market development and improves people’s lives.
4.8 RecommendationsThe study recommends the following:
Giving priority to Land sector in national budget and allocate enough fund to Assistant commissioner for land office in all eight (8) zone.
Overall budget allocation for the MLHHSD has been on the rise for consecutive years from Tshs 33.4 bn in 2009/2010 to 100.8 bn in 2013/2014. However in the last two fiscal years 2014/2015 and 2015/2016 the budget allocation decreased to Tshs 83bn. While the general budget allocation as approved by the parliament has been steadily on the rise, the actual allocation has been less than half of that approved from 2012/2013 to 2014/2015. Similarly, the approved budget for development projects has been on the rise since 2009/2010 until 2013/2014. However, the actual allocation has gradually dropped far below that budgeted for, and had hit zero allocation in 2014/2015. The year 2012/2013 and 2013/2014 are worth mentioning because the budget allocation was higher than other years because the Ministry changed fees, rents and other charges which were expected to raise its revenue. Therefore a government should increase budget to land sector to facilitate land development projects, also this will enable availability of working tools like cars and stationary equipment’s.
Table4 SEQ Table4 * ARABIC 1: Budget for land sectorFinancial Year Overall Budget
Salaries Other charges Development project
Budget Actual Budget Actual Budget Actual Budget Actual
2009/2010 33.4 26.2 5.9 5.9 15.5 11.9 12.0 8.3
2010/2011 53.3 31.7 7.5 7.5 18.3 20.6 20.6 5.8
2011/2012 50.8 34.6 9.3 8.9 19.3 21.9 21.9 6.0
2012/2013 100.7 34.4 10.4 – 19.4 21.9 71.0 –
2013/2014 100.8 47.9 10.2 – – 71.0 72.1 –
2014/2015 85.7 32.2 11.5 10.3 72.1 – 34.1 –
2015/2016 83.0 – 14.2 – 40.0 21.8 13.4-
NB. All figures in Billion Tshs
Source: MLHHSD budget Speeches 2009/2010-2015/2016
Re-engineering of land administration system
Land administration cadastral and land titling projects are still based on a relatively narrow land administration paradigm centred on land registration and cadastral surveying and mapping , but effective and efficient land information infrastructures are now required to meet the information demands for successful implementation of sustainable development. Land administration needs to be more service oriented and to meet the requirement of greater variety of users.
Provision of small loans to the people in southern highland zone for surveying their land
A finding shows a greater demand of petty loans to facilitate people to survey their land so as to secure their rights. This will increase land value and reduce cost of land administration in a zone, also land rent payers will increase.
4.9 Areas for further studiesIn view of the findings and experiences from the field, it is recommended that further research could be undertaken in the following areas:
Effectiveness of modern ICT in Land administration offices.
Impact of politics in appointing professionals on Land administration.
REFERENCES BIBLIOGRAPHY Aminuzzaman & Salahuddin, M. (2004). Decentralization in Bangladesh: ‘What went Wrong’. New nation online Edition.
AUC. (2010). Land policy in Africa: A Framework to Strengthen Land Rights, Enhance Productivity and Secure Livehoohs. Addis Ababa: AUC-ECA-AFDB Consortium.
Azfar, O. S. (1999). Decentralization, Governance and Public services: The impact of institutional Arrangements. A review of the literature. University of Mary-land: IRIS Center.
Bajpal, N. (2011). Bussiness Research Methods. Pearson Education India.
Bank, W. (2001). Dcentralization and Governance.Does Decentralization Improves Public Service Delivery. FREM Notes 55.
Bardhan, P. &. (2006). Decentralization and Accountability in Infrastructure in developing countries. Boston University: Mimeo.
Bell, K. (2007). Good Governance in Land Administration. Hong Kong: FIG working week.
Bennett, R. W. (2005). Towards Sustainable Land Management: A tool for Describing and Holistically Understanding Property Interests. Submitted to the Journal of Land Use Policy.
Bryman, A. (2004). Social Research Methods 2nd ed,. Oxford: Oxford University Press.
Bryman, A. (2007). The Research Question in Social Research: What is its Role? International journal of socila research methodology, 5-20.
Burns, D. R. (1994). The politics of Decentralization. London: The MacMillan Press.
Burns, T. D. (2008). Conceptual Framework for Governance in Land Administration. 1-16.
Chawla, D. &. (2011). Research Methodology: Concepts and Cases. Vikas Publishing.
Chema G.S, R. D. (2009). Decentralization and Development: Policy Implementation in Developing Countries. UK: Beverley Hills and London Sage.
Chema, G. a. (1983). Decentralization and Development: Policy implementation in Developing Countries. UK: Beverley Hills and London SAGE.
Clarence Nanyaro, B. R. (2014). Habari katika picha . Ministry of lands and Human Settlements Deveopments,jarida No.6 , 20-29.
Coldham, S. (1995). Land Tenure Reform in Tanzania: Legal Problems and Perspectives. The journal of Moderm A frica Studies, 349-365.
Conyers, D. (2007). Decentralization and Service delivery: Lessons from sub Saharan Africa. IDS bulletin.
Craster L, a. O. (1995). Local Government Decentralization . United Kingdom: SAUS Publication.
Craster, L. &. (1995). Local Government Decentralization: An idea policy paper No.125. UK: SAUS Publication.
Creswell, J. (2013). Research design: Qualitative, Quantitative and mixed methods approches. London: SAGE Publications,Incorporated.
Crook, R. &. (2000). Democratic decentralization. OED Working paper series 11. . Washington DC : World Bank.
Dale, P. M. (1999). Land Administration. UK: Oxford Clarendon Press.
Dalrymple, T. B. (2010). Conceptual Framework for Governance in Land A dministration. Wollongong,Australia.
David. F, P. ,. (2013). Ehencing Land Administration in Ghana Through the Decentralized Local Government System. Accra: ISDS LLC, Japan International Society for Development and Sustainability (ISDS).
Dejan, P. a. (2011). Decentralization:Equity and Sectoral Policy Implications For UNICEF in East-Asia and the Pacific. Social Policy and Economic Analysis Unit, 1-70.
Enemark. (2009). Land Administration: Facililating Spatially Enabled Governance and Supporting the Global Agenda. 4th Land Administration Forum For The Asia And Pacific Region. Beyond Spatial Enablement: Land Administration to Support Spatially Enabled Government, 9-22.
Enemark, S. (2001). Land administration infrastructures for sustainabe development.property management.
Enemark, S. (2004). Building Land Information Policies. In UN, FIG, IDEA Inter regional special forum on the building of land information policies in the Americas. FIG.
Enemark, S. (2004, October 26-27). Building Land Information Policies. Proceedings of Special Forum on Building Land Information policies in the Americas. Retrieved July 2, 2018, from http://www.fig.net/pub/mexico/papers_eng/ts2_enemark_eng.pdf
Enemark, S. (2005, August 8-13). A Cadastral Tale. Proceedings of Week of Geomatics, Bogota, Columbia. Retrieved July 2, 2018, from http://www.fig.net/news/news_2005/colombia_2005/enemark_cadastral_tale_colombia_2005.pdf
Enemark, S. M. (2008, June 14-19). Preventing Informal Development-through Means of Sustainable Land Use Control. Retrieved July 2, 2018, from http://www.fig.net/news/news_2005/colombia_2005/enemark_cadastral_tale_colombia_2005.pdf
Eskel, G. D. (2002). Autonomy, Participation, and Learning in Argentine schools: Findings and Their Implications for Decentralization. . Washington DC: World Bank Development Research Group Working Paper No. 2766.
FAO. (2017). Good Governance in Land Tenure and Administration, FAO Land Tenure Series No 9. Retrieved July 2, 2018, from ftp://ftp.fao.org/docrep/fao/010/a1179e/a1179e00.pdf
Fetterman, D. (1989). Ethnography step by step. Applied Social Research Methods Series, Vol.17. Newbury Park: SAGE.
Funmilayo, A. M., & Ojo, O. (2011). Factors Affecting the Provision of Quality Service in Real Estate Agency in Lagos Metropolis, Nigeria. International Journal of Business Administration, 2(1), 71-79.
Gabral., L. (2011). Decentralization in Africa: Scope , Motivations and Impact on Service Delivery and Poverty. Overseas Development Institute: Paper 020.
Gastorn, K. (1995). Squatter’s Rights and the Land Laws in Tanzania, Law and Politics in Africa, Asia and Latin America. 349-365.
Grindle, S. M. (2007). Going Local,Decentralization,Democraization and the promise of Good governance. New jersey: Princeton University Press and oxford.
Habibi, N. C. (2001). Decentralization in Argentina. Economic, Growth Center, discussion paper 825 . Yale University.
Herbst, F. &. (2008). Business Research. Juta and Co Ltd.
Hossain, A. (2009). Administrative Decentralization: A framework for discussion and its practice in Bangladesh. . Rajshahi,Bangladesh: DPA.
Islam, K. M. (1997). “Administrative Decentralization: A Conceptual Analysis and its implication in Bangladesh,” A journal of mass communication, public Administration and Social Sciences, Center for Social Science Research, . Vol 1. Bangladesh: University of Rajshahi.
J.M.Lusugga, K. (2009). Improving Land Sector G overnance in Africa; Th case of Tanzania. Dar es salaam.: Ardhi University .
Jica. (2008). Local levels service Delivery; Decentralization and Governance, Comparative study of Uganda, Kenya and Tanzania. Tokyo: JICA.
Kalantari, M. R. (2005). Towards e-land Administration- Australian on-line Land Information Services. Proceedings of the Spatial Sciences Institute Biennial Conference , 12-16.
Kumar, R. (2008). Reseaech methodology. APH Publishing Corporation.
Lameck, W. U. (2017). Decentralization and the quality of public service delivery in Tanzania. Morogoro: NUR.
Larsson, P. E. (2006). The Challenging Tanzania Land Law Reform: A Study of the Implementation of the Village Land Act. Stockholm: Royal Institute of Technology.
Ling, L. H., ; Wang, C. (2006). Real Estate Agency in China in the Information Age. Property Management, 24(1), 47-61.
Lorenzo, C. C. (2004). Land Tenure and Administration in Africa: Lessons of Experience and Emerging Issues. London: MSP Goldies.
Lundberg, P. (2009). Decentralized Governance and Human Rights-Based Approach to Developmemt.
Mansberger, R. ;. (2012). Is good governace in land administration measurable and comparable? Vienna: Local publisher.
Mathieu, P. (2011). Land governance, Voluntary guidlines for responsible governance of Land and NR tenure. Maastricht: FAO.
Max, M. (1991). The Dvelopment of Local Government in Tanzania. Dar es salaam: Education Publishers and Distributors Ltd.
May, w. (2008). Challanges Facing Land Administration in Africa. Accra: Local Publisher.
McGaghie, W. C. (2001). Problem Statement, Conceptual Framework, and Research Question. Georgia: Local publisher.
Mukandala, R. (1998). Decentralization and demecratization in Tanzania. Retrieved 5 30, 2018, from http://www.afrst.uiuc.edu/Makerere/Vol_2/chapter_five.html.
Nana, N. (2009). Expenditure Decentralization and outcomes:Some determinmant Factors For Success From Cross-Country Evidence. World Bank.
Ndegwa. (2002). Decentralization in Africa. Africa Region Astocktaking Survey.Working Paper Series No 40, P.31.
Ndegwa, S. (2002). Decentralization in Africa: A Stocktaking survey. Washington DC: World Bank.
Ndenecho, E. N. (2011). Decentralization and Spatial Rural Development Planning in Cameroon. Mankon: Langaa Research and Publishing CIG.
Nelson, B. (2017, 6 22). Collection of Tax in Zonal Lands Office . Retrieved 7 1, 2018, from The Citizen: http://www.thecitizen.co.tz/News/Zonal-lands-office-collects-Sh5-8bn-tax-in-10-months/1840340-3982210-format-xhtml-g96ka0/index.html
Neuman, W. (2006). Social research methods: Qualitative and quantitative approaches.
Norman, A. S. (2012). Conflict Management among farmers and pastoralists in Tanzania. International SAMANM Journal of Business and Social sciences.
Nshala, R. (2008). Supremacy of customary Land rights: Democratizing Eminent Domain Powers in Tanzania. World Resources Institute.
Olengurumwa, O. (2010). The 1990’s Tanzania Land Laws Reforms and its Impact on the Pastroral Land Tenure. A paper presented during pastoral week at Arusha from 14th-16th february 2010 .
Oloka, O. (2007). Decentralization Without Human Rights? Local Government and Acess to Justice in Post movement Uganda. Kampala.
Olowu, D. (2002). Governannce in developing countries. The challanges of multi level governance. In the7th intel seminar on GIS development countries . Netherland: GIS .
Oni, O. (2009). Real Estate Marketing and Code of Conduct in Nigeria. Lagos: Rehoboth Consulting.
Patel, D. P. (2011). Decentralization; Equity and Sector Policy implication for UNICEF in East-Asia and the Pacific. . Bangkok: UNICEF EAPRO.
Patton, M. a. (2006). Naturalistic Inquiry. UK: Sage.
Quan, J. (2017, April 20). Conceptual Framework For the Development of Global Land Indicators. Global Land Indicators Initiative (GLII) Working Paper Number 2. UN HABITAT/GLTN Nairobi, pp. 1-49.
R.Grover, M. a. (2006). Guidlines for Good Governance in Land Tenure and Land Administration.FAO Expert Meeting on Good Governance in Land Tenure and Administration. . Rome,Italy .
Regoniel, P. A. (2015, January 5). Conceptual Framework,A Step by Step Guide on How to Make one. Retrieved from Simply educate me.: https://simplyeducate.me/2015/01/05/conceptual-framework-guide/
Rick de Satgé and Karin Kleinbooi, w. C. (2011). Decentralised Land Governance: Case Studies and Local Voices from Botswana, Madagascar and Mozambique. Cape Town, South Africa: The Institute for Poverty Land, and Agrarian Studies, School of Government,EMS Faculty, University of the Western Cape, Private Bag X17, Bellville 7535.
Robertson, W. (2002). Overview f Decentralization Worldwide: A Stepping Stone to Improved Governance and Human Development. New york: UNDP.
Rondinelli, D. &. (1983). Decentralization in developing countries. A Review of Recent Experience. London: sage, 9-13.
S.Wunsch, J. D. (2014). Decentralization in Africa,The paradox of State Strength. Boulder,USA: Lynne Rienner Publisher.
Seale, C. (2006). Researching Social and Culture. London: Sage.
Selee, A. (2011). Decentralization,Democratization and informal power in Mexico. Pennylvania: The pennysylvania State University Press. .
Sheng, Y. K. (2017). What is Good Governance? Bangkok: UNESCAP.
Shivji, I. (1998). Not yet Democracy: Reforming Land Tenure in Tanzania. Dar es Salaam: IIED/Hakiardhi.
Simon, K. M., & Goes, J. (2013). Scope, Limitation and Delimitations.
Singh. (2006). Fundamental of Research Methodology and Statistics. New Delhi, India: New Age International.
Singh. (2009). Research Methodology:Data Presentation. New Delhi: APH Publishing Corporation.
Steudler, D. W. (2004, May 22-27). The Cadastral Template. Retrieved July 2, 2018, from http://www.fig.net/pub/athens/papers/ts01/ts01_2_steudler_et_al.pdf
Sulle, E. (2010). Biofuels, Land Access and Rural Livelihood in Tanzania. Retrieved 5 18, 2018, from International Institute for Environment and Development: http://www.iied.org/pubs/pdfs/1256011ED
Sundet, G. (2005). The 1999 Land Act and Village Land Act: A techical analysis of the practical implications of the Acts. Retrieved 5 18, 2018, from FAO: http://www.fao.org/fileadmin/templates/nr/images/resources/pdf_documents/kagera/tanzania/1999_land_act_and_village_land_act.rtf
Tidemand, P. &. (2010). The impact of local government Reforms in Tanzania. Special paper 10/1. Dar es salaam: REPOA.
Ting, L. W. (1999). Understanding the Evoluation of Land A dministration Systems in Some Common Law Countries. The survey Review .
UN. (2005). Land Administration in the UNECE Region. Economic Commission for Europe. New York and Geneva: ECE/HBP/140:104.
UNESCAP. (2010, 8 12). What is good governance? Retrieved from UNESCAP: http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governnace.asp
USAID. (2000). Decentralization and Democratic Local Governance Programming Handbook: Center for Democracy and Governance U.S Agency for International Development, Technical Publication Series. Washington,DC.
Vanlanden, A. &. (2001). Decentralization and Combating education exclusion. Comparative Education, 367-384.
Venugopal, V. &. (2010). Decentralization in Tanzania:Assessment of local government discretion and accountability. Public Administartion and Development, 215-231.
Wallace, J. I. (2005). A Vision for Spatially informed Land Administration in Australia. Proceedings of the Spatial Sciences Institute Biennial Conference, 16-18.
Wallace, J. W. (2006). Building a National Vision for Spatially enable Land Administration in Australia. In Sustainability and Land Administration Systems. Melbourne: Department of Geomatics.
Wile, L. A. (2003). Community Based Land Tenure Management: Questions and Answers about Tanzanias Nwe village Land Act, 1999. International Institute for Environment and Development.
Wilfred, L. (2017). Decentralization and Quality of Public Service Delivery In Tanzania. Amsterdam: Local Publisher.
Williamson. (2003). Developing Spatial Data Infractructures-From concept to Reality. Taylor and Francis.
Williamson, I. (2006). A Land Administration Vision. In Sustainability and Land Administartion Systems. Melbourne: Department of Geomatics.
Willy, L. (2003). Governance and Land relations, A review of Decentralization and Management in Africa. London: IIED.
Yassin, M. F. (2012). Climate Characteristics Over Southern Highlands Tanzania. Atmospheric and Climate Sciences, 454-463.
Yin, R. (2001). Case Study Research: Design and Method. Newbury Park: Sage.
APPENDICESAppendix 1: Questionnaire
QUESTIONNAIRE FOR ASSISTANT COMMISSIONER FOR LAND OFFICE IN SOUTHERN HIGHLAND ZONE
TITLE: Assessing the impacts of decentralization of commissioner’s office on land administration in Tanzania. A case of southern highland zone
My name is MWAKIBIBI, JIMMY BRAYSON; registered as an undergraduate student at Ardhi University by No 73II/T.2014 currently conducting a research on, “Assessing the impacts of decentralization of commissioner’s office on land administration in Tanzania” a case of southern highland zone. You have been identified as a respondent of this study, kindly answer the following questions to enable me complete my study. I undertake to treat any information you provide in strict confidence, not be disclosed to third parties and that it shall be used strictly for academic purposes.
(NB; consider all regions served by office and provide statistics where necessary)
What were objectives of decentralizing commissioner’s office on land administration into 8 zones in Tanzania?
Basing on your response in question (1) above, in brief how far those objectives have been achieved in southern zone?
What were practices of land administration services before presence of commissioner’s office in southern highland zone?
What are the practices of land administration services after presence of commissioner office in southern highland zone?
What are the remarkable contributions/achievements that have been attained in southern highland zone on land administration through decentralization of commissioner’s office? (NB; consider the following areas of interest)
Provision of information to public
Produce statistics data
In delivering of land services
Land rent collection
In managing land development
Increasing accountability, transparency to land officials
Reduce burden from the ministry of land
Participation of people in planning
What are the challenges hindering achieving of decentralization of commissioners office objective’s in southern highland zone?
Basing on your response in question (6) above, suggest possible measures that can be used to combat those challenges in southern highland zone so as to meet objectives of decentralizing commissioner’s office at high level?
DATE……………………………………………………………………………………………………………….. ……….………………………THANKS FOR YOUR RESPONSE…………………………
Appendix 2: Interview guide
INTERVIEW GUIDE FOR RESIDENTS
Lengo la stadi hii ni kupata majibu kwa maswali yanayohusu matokeo ya mgawanyo wa ofisi za kamishina wa ardhi wasaidizi katika kanda tofauti nchini Tanzania. Hivyo basi naomba sehemu ya muda wako muhimu ili kufanikisha zoezi hili, kwa moyo kunjufu natanguliza shukrani zangu za dhati kwa ushiriki wako katika utafiti huu.
A: MASWALI MWONGOZO.
Nini unafahamu kuhusu ofisi ya kamishina wa ardhi msaidizi kanda ya nyanda za juu kusini?
Utawala wa ardhi ulikuwaje kabla ya uwepo wa ofisi ya kamishina msaidizi wa kanda?
Utawala wa ardhi ukoje baada ya uwepo wa ofisi ya kamishina msaidizi wa kanda?
kwa njia zipi umekuwa ukipokea taarifa za ardhi kutoka kwenye ofisi ya kamishina wa ardhi msaidizi kanda ya kusini?
Je uwepo wa ofisi ya kamishina wa ardhi kanda kumesaidia kutatua migogoro ya ardhi?
Faida zipi unazion kutokana na uwepo wa ofisi ya kamishina msaidizi wa wa ardhi kanda ya nyada za juu kusini?
Maeneo gani waona bado yanaitaji uboreshwaji ili kuimarisha utawala bora wa ardhi?
Appendix 3: Letter for data collection