Prime
Let’s revisit Warioba Commission’s recommendations on land
Former Prime Minister Joseph Warioba. PHOTO | FILE
What you need to know:
- There has been progress in tackling the issues pointed out by the Warioba Commission, but then there has been new areas, raising the ugly head of corruption. Thus the need for an annual review.
July 11 marks the day the African Union (AU) adopted the African Union Convention on Preventing and Combating Corruption (AUCPCC) in Maputo, Mozambique on 11 July 2003. The Convention came into force in 2006. As of August 2021, the Convention has been ratified by 44 Member States of the African Union. Tanzania ratified this Convention on 22/02/2005. The idea is that on 11 July every year, concerned Africans pause to reflect on anti-corruption progress in their communities, what is working, what is not, and what remains to be tried. In July 2023, therefore Africa marked her 7th Anti-Corruption Day, and in Tanzania, this was celebrated in Arusha.
This day should not be mixed up with the International Anti-corruption day, which takes place annually on December 9.
It is generally agreed that Africa has a corruption problem: ranging from petty to grand corruption. The situation is made worse by the African society’s attitude that someone who is, or has been, in a position of authority should be manifestly rich, despite their official income. Manifestations of this richness is usually in the forms of large land and real estate holdings. The quickest route to grandiose richness seems to be having a position of authority.
While there is no universally accepted definition, corruption can be seen as a situation where somebody in position of authority and capable of making, implementing or supporting a decision, demands or receives payment or favour, or creates circumstances that encourage such payment or favor to that person, directly or indirectly, so that he, in return, acts in a way that bestows financial or other kind of advantage to the person from whom the payment or favour is demanded or received; when such payment or favour, is unofficial and unethical.
A corrupt practice is the offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions of another party.
Forms of corruption include: bribery; extortion; fraud, theft, and embezzlement; nepotism, favouritism and clientelism; abuse of discretion; conflict of interest; patronage; collusion; and abuse of public property.
In Tanzania, we use the Swahili word: Rushwa to denote corruption. This may not be correct. Rushwa means bribery, but as seen above, corruption is much much more than bribery. We need a different all-encompassing word.
The AU spirit of thinking about corruption in Africa every July 11, is to look at the various efforts made to fight this ugly monster, with the aim of bettering the fight against corruption as days go by.
Corruption in land governance, including real estate, is commonly defined as the abuse of entrusted power for private gain while carrying out the functions of land administration and land management.
Land services rank among the most corrupt sectors in most developing countries. From bribery to land-grabbing, corruption undermines efficiency and rule of law as well as public confidence and participation in formal land systems. It also badly hits the poor and the weak, such as women or minority communities, who can lose their land rights, or can be excluded altogether from access to and benefiting from land
Land is consistently ranked among the sectors where people most often report having to pay bribes to access services, according to Transparency International’s Global Corruption Barometer. Real estate is also considered one of the venues of money laundering.
Areas vulnerable to corruption in the land and urban development sector are many and include: adjudication, demarcation, titling and registration of land; identification of the land according to state categories; land use changes, planning and zoning; land and property valuation; land sales, leasing and allocation; enforcement of land rights; compulsory acquisition, compensation and resettlement; land for investors; and, privatisation of public or government-owned land.
Other areas include: land reform, redistribution and restitution; land disputes, conflicts and resolution; infrastructure provision and land servicing; and, development control.
In the mid-1990s, the government of Tanzania appointed a Presidential Commission of Inquiry against Corruption (PCIAC), (the Warioba Commission) which carried out a diagnostic study on causes of corruption. It pointed out areas of concern in the land sector as being:
Shortage of surveyed plots leading to plot seekers giving bribes for an allocation; conflict the between Ministry of Lands and Local Government Authorities in allocation of plots; leaders and land officials flouting procedures for allocation of plots leading to conflict such as double allocation; pressure from top leaders and high ranking officials to by-pass plot allocation committees in plot allocation procedures; and, government disregarding its own laws by allocating land meant for communal uses.
Others were: procedures for preparing Certificates of Title taking too long; and, procedures for revocation of title and acquisition of land not being adhered to.
There has been progress in tackling the issues pointed out by the Warioba Commission, but then there has been new areas, raising the ugly head of corruption. Thus the need for an annual review.
The private sector has shown its potential in addressing issues of land use planning, valuation and surveying and land administration. It could play a crucial part in fighting administrative corruption in the land sector.
