Protection to Right of Property in Tanzania
Martha Fatael
A general rule in ownership of the land in Tanzania is that all land is recognized as Public Land vested in the President as a trustee on behalf of all citizens.
It is well clear that individuals do not own land rather interests in land or term of years(33 or 99 years).
Despite the fact that the president has been conferred with such wide powers it does not imply that he can abuse the same. He has just been vested with administrative trust to ensure that land is properly managed and developed for the welfare of the citizens.
Any compulsory acquisition for public interest/purpose for instance must follow the due process of law.
For example, the law provides that full, fair, and prompt compensation has to be paid to any person whose right of occupancy (including recognized long-standing occupation or customary use of land) has been revoked or interfered, as per Section 22 (1) of the Land Act of 1999.
According to the Land Act of 1999 in section 4(3) every person lawfully occupying land, whether under a right of occupancy wherever that right of occupancy was granted or deemed to have been granted or under customary tenure, deemed to occupy and has always occupied that land, the occupation of such land shall be deemed to be property and include the use of land from time to time for depasturing stock under customary tenure.
This principle is commensurate with the provision of Article 24(1) of the United Republic of Tanzania Constitution of 1977 as amended from time to time which provides that:…every person is entitled to own property and has the right to the protection of his property by law.
This principle developed for good faith all natural resources found under land like minerals, oil, gas are under government and they should be managed for the benefits of all Tanzanians but also to protect people having land with such material so they can't be inferior.
