The Effectiveness of Alternative Dispute Resolution on Land Disputes Settlement in Zanzibar.

Machano, Machano Pandu (2025) The Effectiveness of Alternative Dispute Resolution on Land Disputes Settlement in Zanzibar. Masters thesis, The Open University of Tanzania.

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Abstract

The study focuses on the effectiveness of Alternative Dispute Resolution (ADR) in resolving land disputes in Zanzibar, specifically on Unguja Island. It aims to assess how useful the current ADR legal framework is for settling land conflicts and to provide insights on how it could be improved. The research was guided by four specific objectives: analyzing the positive impacts of ADR on land dispute resolution, identifying enforcement mechanisms that administer justice in land matters, assessing the strengths of the legal framework for ADR in promoting its use in land disputes and exploring challenges obstructing the use of ADR in Zanzibar’s land dispute settlement. Data for the study was collected through interviews with key informants and a review of relevant official documents. A thematic analysis, using qualitative content analysis techniques, was applied to examine the collected data. The study gathered information from a diverse group of respondents, including advocates, legal officers, magistrates, land department officers, local government representatives (Sheha), and ordinary citizens. The findings indicate that while ADR is incorporated into the legal framework for land disputes at the Land Tribunal level, there are significant barriers to its effective implementation. These include a lack of skills and competency among stakeholders to facilitate the ADR process. The research also highlights that, despite the potential benefits of ADR, it has not been fully realized due to these challenges. In conclusion, the study suggests that for ADR to be more effective in resolving land disputes in Zanzibar, the legal framework should be reviewed and improved.

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