Abstract
INTERNATIONAL JOURNAL OF URBAN SUSTAINABLE DEVELOPMENT 2019, VOL. 11, NO. 2, 189–202 https://doi.org/10.1080/19463138.2019.1607354 ARTICLE Land-access systems in peri-urban areas in Tanzania: perspectives from actors a,b Said Nuhu a b Swedish University of Agricultural Sciences, Uppsala, Sweden; Department of Urban and Rural Development, Institute of Human Settlement Studies, Ardhi University, Dar es Salaam, Tanzania ABSTRACT ARTICLE HISTORY Received 6 September 2018 Peri-urban land access in Tanzania is adversely embroiled in a dual system that is Accepted 10 April 2019 both formal and informal. Each system is driven by different actors with diverging interests. This paper aims at demonstrating views of the actors’ on the dual system KEYWORDS in peri-urban areas. Case study strategy was employed in this study and mixed Governance; land-access methods of data collection used. In-depth interviews, household questionnaires and systems; actors’ document analysis were employed to collect data. Findings demonstrate that perspectives; peri-urban; although the formal land-access system is unnecessarily bureaucratic, the associated Tanzania benefits are worthwhile compared to the informal system. Despite the challenges of the informal system, it remains predominant because of multiple factors including the ability to bridge the gap of high demand for planned and surveyed land that the formal public sector has failed to meet. Thus, it is important for the government to address challenges in the formal land-access system through institutional and policy reforms. There is also need to coordinate and regulate the activities of actors involved in informal land-access processes, if effective land governance in peri- urban areas is to be achieved. 1. Introduction look at means and processes, but also at other yard- sticks such as relations among actors and how these Land access is a controversial topic in most develop- enable or constrain them from deriving benefits. In ing countries. As a resource, land creates socio- this paper, access as 'the ability to derive benefits economic strata among the populace. Its access and from things' is adopted because land in Tanzania is means of access are thus fundamental factors for a public resource vested in the presidency and citi- consideration. Access has been defined as ‘the ability zens have only user rights. Benefits derived from to derive benefits from things’ or the ‘right to benefit using land include the right to transfer user rights, from things’ (Ribot and Peluso 2003, p. 153). These collect rent from houses built and sell or consume two definitions and their application are contentious crops grown. Land access can therefore refer to in regard to property and resources. Whereas ‘the a context where land is available and affordable for ability to’ alludes to the power one can utilise to users/seekers; who have security of tenure and can benefit from something, the ‘right to’ looks at undis- therefore make land transactions without obstacles puted authority to benefit from something. In utilis- (Quan 2006; Moyo 2017). The definition adopted is ing resources, other factors such as social relevant since the paper explores land-access sys- relationships can support or constrain realisation of tems through the perspectives of actors. Hence, the benefits (Ribot and Peluso 2003; Moyo 2017). means and processes contribute to the nature of Therefore, in order to analyse access, Ribot and land-access systems. Peluso (2003) propose that it is vital not only to CONTACT Said Nuhu sanutelaky@yahoo.com Swedish University of Agricultural Sciences, Uppsala, Sweden © 2019 Informa UK Limited, trading as Taylor & Francis Group 190 S. NUHU In most developing countries, land access in peri- the actors’ perspectives contributes to improving urban areas is characterised by complex arrange- peri-urban land governance. The topic under investi- ments of land governance systems (Kombe 2005; gation has attracted local and global debates Adam 2014; Follmann et al. 2018). This is largely because land access is a fundamental component attributed to the co-existence of formal and informal for development. systems of accessing land; which may operate inde- This paper is organised as follows; Section 1 pro- pendently or simultaneously within the same locality. vides background information of the study. Section 2 The informal system is however more popular than outlines the land tenure systems in Tanzania. Section the formal. Scholars (Msangi 2011, 2014; Durand- 3 presents the theoretical understanding focusing on Lasserve et al. 2012; Adam 2014) resonate that con- the main concepts used in the paper. Section 4 sequently, because of the popularity of informal pro- explains the methodological approach employed. cedures, most of the developing countries Section 5 presents and discusses the findings reflect- experience insufficient supply of serviced land and ing on the actors’ perceptions towards the existing volatile land markets resulting into unplanned and land-access systems. Finally, Section 6 concludes the unstructured city growths in peri-urban areas. paper. The existing dual system is driven by different actors with varying powers, authorities, interests 2. Land tenure system in Tanzania and resources (Lutzoni 2016; Nuhu 2018). These actors sometimes operate in a network and may In Tanzania, statutory, customary and informal land have relationships amongst themselves in line with tenure systems exist. Statutory land tenure system is converging interests (Nuhu 2018). They may engage reflected in two forms: on land granted by the state in different and sometimes similar land-access sys- in planned and surveyed areas or lease hold between tems, in coordination or independently. Thus, actors 33 and 99 years provided by the state (URT 1999; may have contrasting or comparable perceptions Moyo 2017). Under the leasehold, the duration of towards the existing land-access systems in peri- lease can be revoked before the expiry period if the urban areas (Kironde 2009). There is consensus leaseholder does not abide by the terms and condi- among scholars that the formal land-access system tions or if the state (grantor) deems it fit to revoke is systematic and procedural (Masanja 2003; Kironde the agreement in the interest of the public (URT 2009; Msangi 2014; Nuhu 2018). Land seekers and 1999, 2007a; Kombe and Kreibich 2001; Kironde land service providers are in tandem about the com- 2009). Customary land tenure system refers to land plexity in the system. However, this cannot be gen- occupied by the traditional communities, or clans, or eralised because there are sporadic events and families as a whole, and in perpetuity (Moyo 2017). informalities within the formal system (Kombe and Its use and access is guided and bound by shared Kreibich 2006). Masanja (2003) notes that land-use customary values and norms which vary from one conflicts and violation of rights are common in areas society to another. Although customary laws are not with dynamic land-use changes. This may lead to documented or coded, the state provides legal jur- conflicts between customary and formal land tenure isdiction over customary rights (URT 1999, 2007a). in the transition phase and portrays the connection Informal land tenure system manifests when willing between land disputes and tenure security. These sellers and buyers engage in land transactions out- perceptions are based on the actors’ motives for side the government procedures and it operates accessing land, the process applied, benefits through individuals’ decisions and actions (Kombe achieved or challenges encountered. However, and Kreibich 2001; Nuhu 2018). The parties may or these have not been addressed appropriately in the may not possess any binding documentation, while literature (see Lupala 2008; Kayera 2011; Msangi others may illegally invade vacant land (Massoi and 2011, 2014; Adam 2014; Nuhu 2018) to generate Norman 2010; Rasmussen 2013; Kironde 2016). In this information for the land sector. case, such occupiers will be considered squatters. The aim of this paper was therefore built upon Different land tenure systems may be prevalent in Nuhu’s(2018) recommendation that actors’ percep- same geographical location; however, there may be tions towards the existing land-access systems in a degree of dominance of a particular tenure system peri-urban areas ought to be explored. Exploring in a specific locality. Statutory land tenure system for INTERNATIONAL JOURNAL OF URBAN SUSTAINABLE DEVELOPMENT 191 instance, is dominant in the urban areas, while cus- (2014) noted that most definitions from the social tomary land tenure is popular in rural areas and to sciences perspective, focus more on the function of some extent in peri-urban areas. Informal land tenure land, its geographical location and legal perspective. system is predominant in peri-urban areas (Kombe Regarding its function, Laquinta and Drescher (2000) and Kreibich 2001; Masanja 2003; Nuhu 2018). In point out that peri-urban land is that land which has order to address informality in the land sector in been dominated by mixed activities; agriculture and Tanzania, the government has taken several initia- settlements. It is also a landscape that has emerged tives. These include formalisation and regularisation from rural and urban sprawl (Rauws and de Roo of informal land, encouraging participation of the 2011). Focusing on the legal perspective, Shaw private sector as well as embracing public–private (2005) indicates that peri-urban land is an area that partnerships in land-access services (Kasala and lies ‘outside the legal jurisdiction of the city and Bura 2016). Some cases of informal land tenure sys- sometimes, even outside the legal jurisdiction of tem have characteristics of customary land tenure any urban local body’. In relation to this, the system; for instance, an individual can purchase Tanzania Land Act of 1999 indicates that peri-urban land informally but then pass it on, to the next gen- land is within ‘..a radius of ten kilometers out-side the eration. Therefore, the person whom the land has boundaries of an urban or semi built up area, or been given is considered to have inherited it. In this within any large radius which may be prescribed in context, it is argued that customary land may have respect of any particular urban area by the Minister’ an informality component and vice versa. Land (URT 1999, p. 12). This is a temporal criteria that will tenure system and land-access system thus, cannot change overtime as an urban area grows. Peri-urban be discussed in isolation. land attracts a number of actors within the informal Land tenure system determines the land-access as well as formal systems. process. Formal land-access system operates ade- Actors include individuals, groups, associations or quately in areas where statutory land tenure system organisations. These should be able to exhibit capa- is prevalent, while informal land-access system is city to make and undertake decisions. They may be exclusively applicable in the informal and customary unorganised, organised, coordinated or not land tenure systems. Obnoxiously, informal processes (Hermans 2005). According to Wasserman and Faust of accessing land may also occur in the planned and (1994), actors may operate in a network linked with surveyed areas when government officers ignore offi- common goals. This link is a strong bond among cial procedures, often for private gains (Masanja actors which creates a relation amongst them. 2003; Briggs 2011; Nuhu and Mpambije 2017). This A relationship among actors is determined by per- is a reflection of the informal process operating in an ceptions, objectives and resources which influence environment of statutory tenure system. Under the their actions. Hermans (2005) notes that perceptions formal process, people access land in the planned are the imaginations or ideological visions of the areas and acquire title deeds recognised by the gov- action and its consequences in relation to policy, ernment (Kironde 2009, 2015). While the formal sys- networks and characteristics. Objectives show the tem is supported by the existing policies, the road map for actors towards solving a certain pro- informal is equally facilitated by the institutional fra- blem to achieve desired goals (Hermans 2005; mework at the local level (Kombe and Kreibich 2001, Hermans and Cunningham 2018). Resources are the 2006). Implementation of both systems involves var- enabling means for actors to achieve their goal and ious grass root actors and institutions. these may include financial, non-financial, or both for example position in a network. Resources determine the power of actors to influence decisions in 3. Theoretical underpinnings: peri-urban a network (Ratajczak-Mrozek and Herbec 2013). land, actors and institutions Therefore, resources relate to power implying that There is no universal meaning of ‘peri-urban land’ the power of actors determine the capacity to control (Rauws & Roo 2011; Adam 2014). Scholars provide resources. Hermans (2005) contends that objectives definitions which differ in terms of locality, culture, influenced by perceptions and enabled by resources discipline and the purposes of the topic/study (Kanji results into actions. Any actions taken by an actor et al. 2005; Simon and Adam-Bradford 2016). Adam whether insignificant or not, affects other actors in 192 S. NUHU a network. Actors’ actions are determined by institu- Kanji et al. (2005) competition over land in these tions and sometimes actors can also influence areas is high. Therefore, the peri-urban land which institutions. would be used for agriculture and other activities is The concept of institution has been defined transformed into setting-up buildings and other depending on the individual’s discipline, cultural socio-economic activities (Wandl and Magoni 2017). background and political leaning (Castellano and The transformation is also rapid due to the emer- García-Quero 2012; Ashu 2016). North (1990,p.3) gence and increase of the number of formal and from the economic discipline defines institutions as informal actors with interest in peri-urban land ‘. . .the rules of the game in society or, more formally, (Kanji et al. 2005; Adam 2014). In achieving their are the humanly devised constraints that shape demands, these actors sometimes have an impact human interaction. In consequence, they structure on peri-urban land development which particularly incentives in human exchange, whether political, affects the peri-urban poor (Adam 2014; Wandl and social, or economic. . .’ According to Jepperson Magoni 2017). Ultimately, peri-urban areas experi- (1991, p. 149) from a sociological perspective, institu- ence high rates of clashes between institutions and tion is a ‘socially constructed, routine-reproduced actors with different interests than urban and rural (ceteris paribus), programme or rules systems. They areas (Adam 2014). Hence, North (1990) cautions that operate as relative fixtures of constraining environ- institutions must be differentiated from players or ments and are compared by take-for-granted actors. In justification, Ashu (2016) notes that inter- accounts’. Both North and Jepperson are in tandem actions between institutions and players or actors over social influence and the constraints that shape may shape and determine the evolution in access or determine the interaction of actors. to public services such as land. North (1990) clarifies that institutions can be divided into two sets: the formal and informal set 4. Methodology of arrangements. Formal institutions are formal rules and procedures that determine political decision This paper applies a case study strategy by analysing making (Cao 2012; McMcloskey 2016). The aim of actors’ perspectives towards the prevalent dual sys- formal institutions is to enhance good governance tem of accessing land in peri-urban areas in Dar es and efficiency of the public sector, as well as to Salaam, Tanzania. The strategy was adopted because protect private property rights from misappropria- actors’ interests are divergent and thus contribute to tion by private parties or government. Informal insti- complexities in land-access governance. The peri- tutions can be understood as socially shared rules urban area of Dar es Salaam was selected purposively and norms that structure and determine social inter- because of rapid urbanisation with limited transfor- action and behaviour of actors (Voigt 2013). The role mation and dynamic demographic transition, leading of informal institutions is to operate where there is to high competition over access to land among no formal system, or supplement the existing formal actors. Two wards (Goba and Wazo) as indicated in institutions in peri-urban areas. This is more applic- Figure 1 were selected from the peri-urban area of able in areas exhibiting rapidly changing socio- Dar es Salaam based on the following criteria; (i) economic activities, urban growth and high land areas with vibrant land transactions and parcelling; transactions as noted by Schroder and Waibel (ii) areas with high activities of land transformations; (2012). In accessing peri-urban land, actors and insti- (iii) areas with pre-dominance informal system of tutions are not isolated and land is central in accessing land. The criteria was significant in this web. enabling access to multiple actors within a dynamic In this paper, understanding peri-urban land is community and therefore perspectives of actors significant because of its contentiousness and vulner- would enrich the argument of the study. ability to the pull and push forces from both rural Mixed methods involving both qualitative and and urban areas due to location and multifunction quantitative methodological approaches were (Kanji et al. 2005; Olajuyigbe 2016; Wandl and applied using in-depth interviews, household ques- Magoni 2017). This is fuelled by rapid urban expan- tionnaire and document analysis. Twenty semi- sion and population growth (Wandl and Magoni structured interviews were held with key actors 2017; Rahayu and Mardiansjah 2018). According to selected from Civil Society Organisations (CSOs), INTERNATIONAL JOURNAL OF URBAN SUSTAINABLE DEVELOPMENT 193 Figure 1. Location of the study area. private and public sector as well as brokers. These interviews based on the size of their plots. Local were purposively selected based on activities of the community leaders were pivotal in identifying these company/organisation, experiences in land matters participants based on the size of plots. Two cate- and responsibilities in their respective offices. gories were considered: those with small plots and Participants from CSOs, private and public sectors those with big plot sizes. The idea was to uncover were identified by the administrative personnel in the variances in how these plots were accessed and the respective organisation taking into account par- the actors involved. Land occupiers (participants) ticipants’ roles in land matters. The recommended were interviewed at their places of residence. The staff were interviewed from their areas of operation questions posed during interviews were explorative at their convenience and as per proposed schedules. in manner in order to identify the type of system Brokers were identified from their areas of socialisa- actors’ were utilising, challenges and opportunities tion or business centres locally known as ‘Kijiweni’ . embedded therein. That is also an area where one get information on Ninety sitting land occupiers were selected whom various aspects including land/house for sell and the researcher administered the questionnaire; in rent. Other brokers were identified from their address order to get a wider picture on the informal land- (telephone) contacts displayed on the roadside access system in the study area. The questionnaire notices advertising their services. Interviews were was needed as there is no documentation that conducted as scheduled by the participants. Nine describes this process of accessing land. Purposive (9) sitting land occupiers also participated in the and simple random sampling were used to select 194 S. NUHU these respondents. The sampling frame purposefully customary setting, access to land was through inheri- focused on respondents who had accessed land tance given by a friend or clan leader (Holden and informally, whom local leaders assisted in identifying. Otsuka 2014; Boone 2015). However, from the colonial This is because the informal land-access system is time and after independence (1963 onwards), a shift of more dynamic, popular and pre-dominant in the ‘power centres’ was experienced where authority to peri-urban areas. It also cuts across all social classes allocate land (give one access) started to shift from the (rich, middle and high income) and drives peri-urban chiefs and clan elders to elected village councils (Massoi transformation. This is in contrast with the formal and Norman 2010). During the colonial time, various system which is state controlled and with proce- formal decrees and legislations were established to dures. Additionally, documents were analysed in guide land access and administration. The German order to elicit meaning, gain understanding and imperial decrees for instance, shifted all land to the develop knowledge regarding procedures and steps empire, except that, which was under private ownership provided in the formal land-access system. or owned by chiefs or communities. The Land Ordinary Documents analysed included: the National Land Cap. 133 established by the British declared all land as Policy of 1995, Land Act of 1999, Urban Land public, whether occupied or not (DILAPS 2006). The Planning Act of 2007 and Land Use Planning Act of entire colonial land-access system was basically indivi- 2007 (URT 1995; URT 1999; URT 2007a; 2007b). dualistic, alienating and racial discriminating. Content analysis was done in accordance with emer- Findings indicate that after independence, Tanzania ging themes from interviews and reviewed docu- started to introduce various policies and laws. Land for ments. Emerged themes are explained and example is still regarded public property; vested in the discussed in Section 5. president as a trustee on behalf of all citizens (for example URT 1967, 1977, 1999, 2007a). Access to for- mal land is under two fold; (i) procuring a certificate of 5. Findings and discussion occupancy from the municipal land office; (ii) initially accessing land informally and then later complying 5.1. Peri-urban land access: existing systems with the formal process to get a title deed. The main and main actors key actors mandated to fulfil the aforementioned pro- As discussed in Section 1, in Tanzania, the formal and cesses include: Ministry of Lands, Housing and Human informal systems are used by actors in the process of Settlements Development (MLHHSD), Local accessing land, sometimes concurrently and in other Government Authorities (LGAs), Private sector, CSOs times independently. Formal land-access system and local communities. The role of the MLHHSD mostly predominates in the urban planned areas, include; initiation of planning and surveying projects, while the informal has become the de-facto in peri- declaration of planned areas, regulation of land use, urban unplanned areas (Msangi 2011, 2014). Actors’ approval of land-use planning and change. It also offers decision-making and behaviour are determined certificates of occupancy and settles land-use conflicts under the two systems in land-access processes (Msale-Kweka 2017;Nuhu 2018). The power of the (Adam 2014). In this study, an attempt to understand Ministry in formal land-access processes is mandated key actors and their participation in both formal and by the Tanzania constitution of 1977 and supported by informal systems that guide access to land in peri- various policies and laws, for instance, the National urban areas of Dar es Salaam is made. Land Policy of 1995 and Land Act of 1999. LGA is Understanding the informal land-access processes a planning government arm according to the Land that prevail and operate in peri-urban areas in Dar es Act of 1999 and Urban Planning Act of 2007 (URT Salaam cannot be clearly explained without discussing 1999, 2007a). The authority has been mandated to the existing formal system. Formal land-access system in prepare land-planning projects, implement and coordi- Tanzania is governed by various laws and procedures nate land-use planning in areas of jurisdiction. emanating from the colonial era (DILAPS 2006). These The MLHHSD and LGAs are supported by other have been undergoing changes influenced by socio- government agencies such as the National Land Use economic and political factors. Prior to the colonial era, Planning Commission (NLUPC), professional registra- land access in the country was informed and shaped by tion boards and utility agencies. The NLUPC and customary laws and regulations (Boone 2015). Under professional registration boards are instructed to INTERNATIONAL JOURNAL OF URBAN SUSTAINABLE DEVELOPMENT 195 promote good governance in land-access processes responsibility to deliver plots nor power to enforce by promoting effective land use, standards, practice land development standards (Lupala 2008; Nuhu and discipline, while the utility agencies provide 2018). Land sellers may commodify land and divide basic services in the planned areas (Kironde 2009; one piece after another as need for cash arises. They Nuhu 2018). Findings reveal that local leaders repre- may also sell their land through various actors and sent government and its agencies at the grass roots processes. One of the respondents with a big piece in the formal land-access processes. Local leaders of land confirmed: include political and appointed leaders (civil ser- . . .I was lucky that I got a big piece of land at a time vants) within an area at the sub-ward and ward levels when land was still cheap in this area. These days I have that are administration units at grass roots level. started parcelling this plot and selling to get money to Local leaders may among other things, disseminate build my dream house. Local leaders and some brokers information about the availability of land for sale in have been referring potential buyers to me. their areas, facilitate land transactions as well as solve land disputes. The private sector through public–pri- Land buyers on the other hand, have different land vate partnership facilitates formalisation of informally needs depending on their economic status and activ- accessed land and they initiate formal land-access ity for example building or speculation. They may projects, in collaboration with LGAs. This enables access land through different channels and this may the land occupiers to get title deeds within reason- vary from one buyer to another. able period. CSOs advocate for land-access rights of Findings indicate that other key actors in the persons whose rights have been denied, abused or informal land-access system are brokers; who are violated either in the formal or informal system. Local the middle men between sellers and buyers. communities (land buyers and sellers) are the bene- Brokers derive their livelihood from facilitating land ficiaries of the formal land processes. Actors in the transactions by connecting interested parties (Wolff formal land-access system may also participate in the et al. 2018). Brokering is a service offered and informal system. a business that one chooses to engage in to earn Informal land-access system in Tanzania prevails a living. Sometimes, brokers engage in price negotia- in areas where land is not professionally planned, tions in order to meet the buyers’ affordable prices surveyed or demarcated (Kombe 2005; Kironde (Adam 2014; Nelson 2018). The sellers can also con- 2009; Msangi 2011, 2014). Land under this system is tact the brokers when they want to sell their land. made available in the market by informal actors such Brokers’ in the study area use different means to as private individuals including sellers, brokers, com- advertise plots for sale such as putting up informal munity members’ as well as the local leaders. In this posters near the road. They also use social platforms capacity, save for the brokers, the rest of the actors such as Facebook, Instagram, Blogs, WhatsApp and can act as temporary agents connecting sellers to other applications to advertise plots for sale. This is buyers or vice versa. Hence, an agent plays the role commensurate with the findings from other studies of a broker at a particular time and may get that social networks of friends, workmates and neigh- a commission for the services. A community in the bours were instrumental in enabling land seekers to peri-urban area comprises of members within the access plots informally (Lupala 2008; Kihato and same geographical location and under the same Royston 2013). Community members act as watch- local leadership. Some community members may dogs of one another over their plots of land in the hold land rights, while others may be tenants. area. They notify each other in case of trespasses or Occasionally, community members may facilitate land invasion. It should be noted that local leaders land transactions since they know most of the land participate in both formal and informal land-access sellers and if requested by land seekers they may systems. In the informal land processes, local leaders identify land available for sale. In this dynamism, participate at ward and sub-ward levels facilitating one may be a land buyer at a particular time and land transactions between buyers and sellers. In wit- a land seller at another time depending on one’s ness of these leaders, sellers transfer transaction intentions and interests. Hence, access to land is agreement documents to buyers. Findings reveal open to all as long as one can afford the costs. that both buyers and sellers pay some amount of Actors neither have legal mandate to provide or money (normally 10 per cent) to the local leaders’ 196 S. NUHU office for their services in the land transacted. One of formal and informal land-access systems gives an the land occupiers revealed: insight into their interest that drive them to partici- pate in either or both systems. When I sold my two plots, I had to pay five percent of the total amount that I received from the buyer to the local Mtaa office. The person whom I had sold the land 5.2. Actors’ perspectives regarding land-access also paid the same amount to the same office. This systems in peri-urban areas money may seem to be a lot but it is inadequate con- sidering the challenges local leaders encounter and The paper provides challenges and opportunities of activities performed while offering leadership in the both formal and informal land-access systems based community. on the actors perceptions and experiences as was In the informal processes, there are no specific revealed during the study. Justifications for the classes of actors with specific responsibilities but actors’ perspectives for a particular system is also rather people who participate on a case-to-case explored. The perspectives have been divided into basis (Kayera 2011; Holden and Otsuka 2014). The categories which include simplicity and complexity, chain of selling and buying is not systematic; some- land tenure security, land-use disputes and emer- times land occupants can sell their plots on their own gency services delivery responses. or use brokers. Buyers on the other hand can either use brokers, local leaders, friends or relatives to 5.2.1. Simplicity and complexity search for plots. The land-sitting occupiers were Actors’ views were extracted through contrasting asked to identify the informal modes or ways they and comparing the simplicity and complexity of land- applied to access land in order to understand how access systems in terms of financial implications, the informal land-access system operates. Out of 90 bureaucracy and time. It was noted that the formal respondents, 85 per cent of land occupiers had pur- land-access system was time consuming and expen- chased plots from peri-urban land holders and sive because of complex and bureaucratic proce- 6 per cent had inherited land with no documenta- dures. These procedures are in accordance with tion. The findings also show that 5 per cent had stipulated land policies and guidelines such as the invaded vacant land, 2 per cent were given land as Land Act of 1999 and Urban Planning Act of 2007. a gift from friends, relatives or family members, while This is in agreement with the study by Nuhu and 2 per cent were allocated land by political or govern- Mpambije (2017) which noted that the formal land- ment leaders. access procedures were too many and discouraging. The different ways applied by peri-urban dwellers The procedures include letter for application, pre- to access land informally indicate that despite land paration and approval of town planning layout, being vested in the president in Tanzania, the majority request for survey, deed processing and title applica- of peri-urban land occupiers have been purchasing or tion. The key procedures are executed in different inheriting land from private land holders. It is also offices or sometimes locations. Land title applicants noted that the government officials seeking political visit the Municipal land office where the Municipal influence or otherwise, allocate land to people infor- surveyor and town planner services are sought. The mally especially in undeveloped areas or newly occu- applicants’ surveyed plots and proposed plans are pied areas. The allocation of land informally by submitted to the MLHHSD for approval. The approval government actors also happens especially when peo- process passes through different offices in MLHHSD ple are evicted from the urban centres due to various such as Director for Human Settlements, Director of environmental hazards and land-use conflicts. It is Surveying and Mapping and Commissioner for Lands. complex to alienate formal from informal processes, Zonal offices were introduced to decentralise land nor is it feasible to put a yardstick from either of the administration and reduce on backlog in the delivery processes to another. As it is paradoxical to differenti- of land administration services at the Ministry. ate between systems, so is it with actors’ participation. However, these offices have not been able to ade- It is difficult to comprehend in which system an actor quately perform their roles and activities as antici- is passive or submissive in situations where actors are pated because of limited financial and human engaged in the land-access dual systems. Therefore, resources. Zonal offices are at present operating out- understanding the actors’ perceptions towards the side the legal framework since policies regarding INTERNATIONAL JOURNAL OF URBAN SUSTAINABLE DEVELOPMENT 197 decentralisation of land administration are still being agent seeks out for buyers and sellers and proceeds to revised (URT 2015). Therefore, MLHHSD is still bur- the local leaders or lawyers for certifying the land dened by the backlog of land activities. transfer. Another scenario is where buyers and sellers Fulfilling the formal process requires the applicant based on trust, conclude the land transfer process to invest in time and money since follow up may take without third party actors to witness or endorse their a long period to get the title eventually. Hence, the transaction. Local leaders revealed that some land procedures are rigid and not pro-poor. These proce- seekers in other cases express their need to access dures also affect the facilitators (private sector) in land in the areas through their offices. In this case, land services. In an interview with officials from the local leaders act as middlemen or brokers since they private sector, it was revealed that a firm passes have information on who among their local residents through 7 steps to accomplish the delivering of plan- is selling land (Jimu 2012). The brokers’ revealed that ning and land surveying services under formal pro- their main responsibility was to share information cedures. Notably, it takes one to four months for about the availability of plots in certain areas to pro- documents to be handled in one office (Lugoe spective land seekers. They also link land seekers to 2008). This creates lack of trust between commu- land sellers. In these dealings, brokers are engaged in nities/clients and the private land service providers bargaining and negotiating land prices. This saves who might be oblivious about the procedures. The land seekers and buyers’ time and money. It is thus official interviewed from the private firm lamented: easy to access land informally depending on the will- ingness of the buyers, sellers and inter mediate . . .it is a hectic process to acquire a permit from LGA. . .it person. normally takes a long period of time which demoralises Findings indicate that, it is possible for land see- our clients. Sometimes, clients think that our services kers to finish a transaction even within a day. Land are not effective and this creates misunderstandings seekers have the opportunity to visit many plots and between our clients and our firm as services providers. choose the best depending on their need. The mid- The possibility of lack of consultation between offices dlemen (brokers) and local leaders because of and departments for decisions making is also money, they invest their time to make sure land a common occurrence. This was a concern from seekers get as many choices of plots as possible to one of the officials from the private firms that the make a decision. Money can even be paid in instal- MLHHSD has relatively more autonomy and less con- ments depending on the agreement between the sultation with other actors. Whereas, most actors sellers and buyers. In an interview with one land- complained about procedures in the formal land- holder, it was realised that it had taken him more access system, the discussion with officials from than half a year to complete payment of his plot. MLHHSD and LGAs reveals contrary perceptions. Under the informal process, land purchasing is not Government officials argued that the procedures only by cash but also in form of material exchange. were meant for checks and balances in the land Respondents revealed that some land occupiers sector and that citizens who were not comfortable acquired products and groceries from the shops with the system had dubious intentions. Although within the community on credit and failed to pay officials from government were defensive, the reality back. Consequently, they gave up part of their land/ in the implementation of these procedures leaves plots to the shop owner to settle the debt. In regard a lot to be desired. to the views from land-sitting occupiers, the informal The failure of the formal system to meet the land system was less bureaucratic, swift and time saving. It needs of some land seekers gives rise to the applica- was however noted that bureaucracy is reduced by tion of the informal land-access system. Accessing the network established between brokers and land land informally differs from one case to another, seekers or sellers. although the actors involved determine the speed of land transactions (Adam 2014). Discussion with bro- 5.2.2. Land tenure security kers, land occupiers and local leaders revealed that It is acknowledged by all actors that the formal land- buyers and sellers may interact without agents, but access system enables residents to attain security of proceed to use the services of a lawyer or local leader tenure over their land because of the legal documen- to complete their transactions. In other instances, the tation of holding. They can even use their land for 198 S. NUHU development since they have a guarantee of not to I do not have any kind of document to prove that this plot is mine. But all my neighbors are aware that I am be evicted or invaded. This has been justified by the owner of this plot. By the time I purchased this plot, other scholars. Security of tenure is an important my neighbors were already residing here and therefore, factor for individual development and community they can defend me in case anyone encroached on my in general (Kayera 2011; Van der Molen 2017). Plots land. accessed formally have legal protection and can be Although there seems to be security of tenure based used as a guarantee on economic issues such as on trust, this may be unreliable in certain cases. This borrowing money from the bank (Gilbert 2012; may happen when familiar neighbours or witnesses Sheuya & Bura 2016). Hernando De Soto’s in his shift to other areas since there is no documentation. book The Mystery of Capital, notes that, security of Therefore, in the case of threatened land tenure, the tenure is a livelihood asset for the poor (De Soto occupier may fail to get defendants. During the inter- 2000; Varley 2002; Sjaastad and Cousins 2009). In view with some of the land occupiers, it was revealed view of this, Tanzania encouraged its citizens in peri- that they had no contacts of the people present at urban areas to formalise their plots in order to use the time they purchased their land. them as collateral. In an interview with one land- The discussion reveals that there is security of holder of seven hectares, this revelation was made: tenure under the formal system than the informal. It is also noted that the formal system can empower . . .I am in the process of formalising my land because the poor to access financial services. Gilbert (2012) I want to borrow money from the bank and start a small business since I am a retired civil servant. I have many emphasises that one’s property is insecure without hectares of land which I will divide into small plots and a legal title and this discourages investment since sell a few of them at high prices after the formalisation selling or transferring to generations may not be process to get more money for my business. easy. This reveals that plots that have been formalised gain 5.2.3. Land-use disputes more market value than those not formalised and It was noted that there are relatively few cases of thus, they are more economically viable for redeve- land disputes emanating from the formal land-access lopment or sell. system compared to informal. This is attributed to On the contrary, the informal land-access system clear plot demarcations and documentation of land has been built on social trust within a community occupancy as attested by local leaders; who normally (Kombe 2005; Lupala 2008). Most people do not have engage in solving such disputes in their spheres of any kind of ownership evidence. This is more evident influence. In another perspective, it was admitted among people who access land through inheritance. that the formal system enables government to During the process, informal actors tend to trust each acquire land for public use. Findings also show that other even within a short period of time in the payment of compensation for land which is surveyed process of land transaction. This was observed in and planned is relatively fast compared to unplanned the sub-ward leader’soffice where sometimes sellers areas (see Msangi 2014; Sheuya and Burra 2016; and buyers come to ward and sub-ward office but do Gwaleba and Masum 2018). In the views of local not have anyone to witness their land transaction. leaders, it is easy to deal with cases related to plots Findings reveal that even those people who do not with formal documents to those accessed informally. have any document to prove holding of plots, their Unlike land accessed formally, land acquired through status as occupiers is recognised by their neighbours, the informal system is marred with disputes. These friends and local leaders. In this regard, the role of include double sell, land invasions, encroachments, private firms in providing land services and the need and trespasses arising from unclear boundaries, lack for formalisation of plots becomes irrelevant. The of demarcation between plots and poor documenta- trust in the informal area also ensures securing plot tion. This was confirmed by one of the respondents boundaries where community members’ report to tussling out his plot boundaries: owners in the event that neighbouring plots have been invaded or encroached upon by other people. . . .when I bought my plot, we did not put permanent This gives them some sense of security of tenure as demarcations and over time the boundaries of the plot one landholder narrated: could not easily be identified. . .my neighbours have INTERNATIONAL JOURNAL OF URBAN SUSTAINABLE DEVELOPMENT 199 been selling off their pieces of land after another and informal systems, reflecting on the increasing pres- the new occupiers have encroached upon my plot sure, densities and changing economic patterns, which I noticed as the size of it decreased and reported documented evidence is a substantial necessity. It is to the sub-ward chairman. apparent from the perspectives of actors that land disputes are predominant in informally accessed The disputes were also associated with the presence land. This affirms Kombe’s study of 2010 that the of many channels of selling and buying plots which disputes are intensified in informal land-access sys- are driven by uncoordinated informal actors espe- tem. The findings that land disputes were pre- cially brokers. dominant in the informal areas is not surprising Notably, land sellers and buyers are not obliged to since the study areas was in peri-urban areas where use the clear channels in land transactions (Kayera informal land-access system is popular. Therefore, 2011; Adam 2014). It was lamented that brokers and one cannot conclude that there are few cases in the sellers have contributed to disputes because of lack formal land-access system in this particular area. of work ethics and integrity. False information in documents of evidence was also revealed as another source of land disputes. These disputes were 5.2.4. Emergency services delivery response revealed by local leaders since they are the ones The actors’ views also align to the emergency issues, who mitigate between disputing parties in their for example, catastrophes that challenge the success areas of influence. Representatives from CSOs con- of both land-access systems. However, findings curred with local leaders on these disputes since they reveal that under the formal system, there are guide- are seldom consulted to advocate for the rights of lines for taking environmental risk precautions. the most vulnerable groups to land rights abuses. It According to the urban planning regulations, the is challenging to settle disputes in informally areas should have a wide space for physical infra- accessed land as the local leaders testified. They structure with demarcated size (see Tables 1 and 2). narrated that sometimes their office received cases This creates suitable conditions for responding to related to invasion of other plots but when the com- disaster risks such as fire outbreaks compared to plainant would be requested to provide evidence of the unplanned areas (Kayera 2011; Mushumbusi holding occupancy rights, it would not be available. 2011). In the planned areas, there is demarcated At the same time, the trespassers present unknown space between plots and therefore, it is easy for documentation in the respective areas. Although emergency services such as ambulance and fire bri- social recognition is mentioned as applicable in gade to reach the intended destination. This was also Table 1. Space and planning standards for residential areas. Minimum setbacks in meters S/No Density Plot size (M) Maximum coverage (%) Maximum plot ration Front Side Rear I High 300–600 40 0.4 3 1.5 1.5 II Medium 601–1200 30 0.3 3 3.0 3 III Low 1201–1600 25 0.25 5 4.0 5 IV Super low 1601–2500 20 0.2 7 7.0 7 Sources: URT (2011). Table 2. Space and planning standards for infrastructure in planned areas. S/No Type of road Right of way meters (Row) Measurement of carriage way in meters i Trunk roads 100.00 12.0–15.0 ii Primary distributors 80.00 7.0–10.0 iii Secondary distributors 60.00 7.0–10.0 iv Local distributors 30.00 5.0–7.5 v Access roads (industrial areas) 20.00 7.0–10.0 vi Access roads (residential) 10.00–15.00 5.0–7.00 vii Foot path 2.00–3.00 2.00 Sources: URT (2011). 200 S. NUHU attested by one of the land officials from the formal land-access system is fuelled by procedural municipality: and policy underpinnings, while the simplicity of the informal land system emanates from the interac- . . .people residing in planned areas are very lucky and tion of actors in a free environment. The inadequa- privileged. In case of any medical emergency, they can cies in one system contribute to the strengths of the easily be located from their residence and taken to health centers to save their life in time..that is why it is other. Although the informal land-access system is important for people to ensure that they buy plots in marred with multiple challenges compared to the such areas if they can afford. formal, it remains the predominant land-access sys- tem in peri-urban areas. Participation of actors in The realisation of benefits associated with living in both systems is evident and therefore the dynamics planned areas has influenced the government to in the land-access governance are apparent. The encourage and support the private sector to facilitate challenges emanating from the interaction of actors the formalisation of the informally accessed land. In are influenced by the existing systems. It is therefore areas where land has been accessed formally, resi- important that the government facilitate collabora- dents easily get emergency response to disasters tive mechanisms between the two systems and because the infrastructure is well developed to actors involved in land access in peri-urban areas. enable rescuers access to such areas. That is why This could be done through public–private partner- even private firms that are engaged in providing ship which may promote participatory decision- planning and surveying services to the informally making and establishment of actors’ platforms for accessed land, are taking precaution of ensuring experience sharing and lesson learning. It is impor- that the areas have at least good infrastructure tant that the informal system is supported in order to (Kasala and Burra 2016). In an interview with an improve its performance including addressing the official from one of the private firms, it was revealed inherent challenges such as lack of a regulating sys- that firms have directives to ensure that areas that tem. There is need also for participatory institutional they plan and survey have street roads. and policy reforms to improve the formal land-access . . .we try to facilitate peri-urban dwellers to live in system so as to address and support access to land planned and surveyed areas. We are even providing by the majority poor, most of whom opt for the land planning and surveying services to predominant informal sector. The perspective of actors may not informal areas. This will enable effective response to disasters or emergencies in these areas as well. be generalised; it is therefore recommended that further studies should be conducted to identify spe- This response indicates that the private sector is cific challenge faced by key actors’ such as private keenly implementing government directives in firms. ensuring that each plot is accessible. If this is not possible, those plots which have accessibility chal- lenge can be grouped to form blocks in order to Notes simplify the accessibility of street roads. 1. Kijiweni/Vijiweni is/are small open areas, informal areas, Some of the residents interviewed in areas of often under a tree or informal kiosk. informally accessed land concurred that the main 2. Mtaa or sub-ward is a small local unit of administration challenge they were facing was poor infrastructure in Tanzania. It is headed by appointed (salaried) and development within their areas, which hinders easy elected leaders. accessibility. Thus, it is clear that emergency delivery responses in the two areas differ due to variances in accessibility. Acknowledgements This work would not have been possible without guidance from my senior colleagues in the thematic discipline as well 6. Conclusion as financial support from SIDA-SAREC. 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Journal
International Journal of Urban Sustainable Development
– Taylor & Francis
Published: May 4, 2019
Keywords: Governance; land-access systems; actors’ perspectives; peri-urban; Tanzania
