The bigger picture: Why we need to look beyond land disputes
What you need to know:
In recent years, the Ministry of Lands has been greatly associated with land disputes. This is not surprising given that land ownership is one of the major possession or aspiration for most households.
Her Excellency the President has recently appointed a new Minister for Lands, Housing and Human Settlements Development. Such an event is usually an opportunity for stakeholders to air their views, so that the new person in charge can have a look at them as he contemplates discharging his or her new duties.
In recent years, the Ministry of Lands has been greatly associated with land disputes. This is not surprising given that land ownership is one of the major possession or aspiration for most households. The high value and scarcity of land creates a situation for corrupt and wrong-doing practices. It is no wonder that when a person in high position of power visits an area, people are encouraged to present their land problems to them, looking for favourable intervention; although, in some cases, this is a form of forum shopping, that is, presenting a problem that has already been addressed, into a different forum.
Every Government Ministry has what is called its “Instruments”. This is like some kind of a Terms of Reference, outlining the duties of that Ministry. The Ministry of Lands, Housing and Human Settlements Development has 13 duties, two of which are common to all Ministries.
These are: (a) Policies on Land, Housing, Human Settlements and Property Development and their Implementation; (b) Land Development and Administration; (c) Human Settlements and Property Development; (d) Survey and Mapping; (e) Valuation; (f) Sites and Services; (g) Real Estate; (h) Registration of Land, Titles and Documents; (i) Urban, Rural and Regional Physical Planning; (j) Land Master Plans; (k) Resolution of Land Disputes; (l) Performance Improvement and Development of Human Resources under this Ministry; and (m) Extra-Ministerial Departments, Parastatal Organisations, Agencies, Programmes and Projects under this Ministry. Duties (l) and (m) are common to all ministries.
It will be noted that resolution of land disputes (k) is only one among the many duties of the Ministry. Duty (a) is not just about developing policies, but also to have in place, strategies and programmes for their implementation.
The new Minister may therefore want to cast his focus on all the Ministerial duties including disputes resolution. Housing and Real Estate development need special attention.
The National Land policy was approved in 1995 and we are aware that a new 2023 version is in place. This needs to be disseminated and implemented.
The National Housing Policy has been getting tossed from one desk to another. This presents a major challenge.
While housing is a very important aspect of national development, there seems to be a lacuna about who owns the Housing Agenda; which experts can be known as housing experts; and who has the passion to see housing programmes developed; to see housing featuring prominently in the National Vision 2050 and in national development programmes. Unless this is addressed, Housing will continue to lay dormant in the Ministry. Earlier attempts to promote housing through town planers have failed; as in all cases, they have ended up lumping housing with physical planning matters.
Housing has many attributes, but it is an economic and social asset. Experts in real estate development would be well-poised to promote housing since residential housing is one form of real estate. When we think of Housing we should not quickly jump to the National Housing Corporation. We should think of programmes to develop national minimum housing standards; housing affordability; housing finance; housing maintenance and renewal; and what to do about housing ownership and the rental housing sectors.
The Minister may want to educate himself on where the majority of Tanzanians are living; what kind of housing they are living in. Are they owners or tenants? Is this housing connected to basic infrastructure such as water and electricity? What kind of waste water removal and sanitation systems exist? Can the Minister spend hours in unplanned settlements and slums experiencing first-hand how the majority live?
The new Minister needs to, please, get housing prominently on the national development agenda.
The other area which the Honourable Minister may want to look at is having a robust programme to direct urban development. Talking about this has always invoked ideas of physical planning: master plans, strategic plans, detailed plans; all of which are focused on land uses. Our urban areas, be they large, medium sized or small, are all developing chaotically in front of our very own eyes. We need urbanists to address this issue, people who see urban growth in terms of local economic development and competitiveness. Experts who see the need to unleash the advantages of urban living, so as to bring about economic and social advantages. Those still talking “master plans” need re-educating!
We need to come up with new approached to regulating urban growth and development. These include collaboration with communities and the private sector to plan new areas and to upgrade those that have already developed chaotically. The legal framework exists eg in the Land Act and in the Urban Planning Act.
The ministerial “instruments” task the Ministry with a wide range of duties. They are all important; they all need to be pushed forward.
