Legal Conundrums in Compensating Partially Acquired Properties in Tanzania: The Cases of Kilakala Ward in Dar es Salaam Region and Ufukoni Ward in Mtwara Region.

Masunga, Donald (2024) Legal Conundrums in Compensating Partially Acquired Properties in Tanzania: The Cases of Kilakala Ward in Dar es Salaam Region and Ufukoni Ward in Mtwara Region. Masters thesis, The Open University of Tanzania.

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Abstract

This study is about assessing legal challenges for compensating properties which are only partially acquired during compulsory land acquisition in Tanzania. The study objectives were to explore the existing legal gaps in the laws that govern partial property acquisition and compensation and to examine whether the current regulatory framework guarantees fair and adequate compensation for partially acquired properties. The research adopts a combination of doctrinal and empirical legal scholarship approaches. It employs a case study design where by two projects are selected as cases, thus; the Dar es Salaam Metropolitan Development Project in Temeke municipality and the Mnazibay - Dar es salaam Gas Pipeline Project in Mtwara. Data is analyzed using a mixture of methods including statutory interpretation and legal reasoning and thematic analysis. The study found that, there are a number of gaps in the legislation governing compulsory land acquisition. The gaps are: total absence of the phrase “sensitization” or awareness creation, unregulated timing of the sensitization meetings, lack of clarity on notice to acquire land, improper bases and methods used to assess compensation, absence of the definition of the word “compensation”, lack of fairness of the acquisition process and compensation, and infringement of tenants’ rights without compensating them. The study recommends either amendment of the existing principal legislation governing compulsory land acquisition to address pertinent issues of partial property acquisition; or making guidelines to guide partial property acquisitions pecifically. Keywords: Legal challenges, compensating properties, compulsory land acquisition, Tanzania.

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