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3.1 Procedures for Acquiring Investment Land There are two main ways of ‗owning‘ or ‗acquiring‘ land in Tanzania. The first one is through ‗a granted right of occupancy‘ whilst the other is through ‗customary right of occupancy‘. Both ways are legally restricted to Tanzania citizens unless investment is involved. Thus there is a third way, that is, investing, that accommodates non-citizens‘ land acquisition. The Tanzania Investment Centre‘s (TIC) website, in its section on Land Acquisition, list five forms in which a foreign investor may occupy land in the country: (1) Derivative rights under section 20(2) of the Land Act, 1999; (2) Application to the Commissioner for Lands for grant of right of occupancy under section 25(1)(h) and (i) of the Land Act, 1999; (3) Sub-leases from private sector (4) Licenses from the Government;(5) Purchase from other holders of granted right of occupancy. When Section 19 (b) (2) of the Land Act, 1999 refers to a ―derivative right‖ it implies that this is a ―right derivative of a granted right of occupancy.‖ In regard to this, Section 19(2) thus reads: A person or a group of persons, whether formed into a corporate body under the Companies Act * or otherwise who is or are non-citizens, including a corporate body the majority of whose shareholders or owners are non-citizens, may only obtain a right of occupancy or derivative right for purposes of investment prescribed under the Tanzania Investment Act *. In its Section 20, entitled ―Occupation of land by non-citizen restricted‖, the Land Act stipulates: (1) For avoidance of doubt, a non-citizen shall not be allocated or granted land unless it is for investment purposes under the Tanzania Investment Act *. (2) Land to be designated for investment purposes under subsection (1) of this section shall be identified, gazetted and allocated to the Tanzania Investment Centre which shall create derivative rights to investors. (3) Subject to section 37(8), all lands acquired prior to the enactment of this Act shall be deemed to have no value, save for unexhausted improvements for which compensation may be paid under this Act or any other law. (4) For the purposes of this Act, any body corporate of whose majority shareholders or owners are non-citizens shall be deemed to be non-citizens or foreign companies. (5) At the expiry, termination or extinction of the right of occupancy or derivative right granted to a non-citizen or a foreign company, reversion of interests or rights in and over 14
the land shall vest in the Tanzania Investment Centre or any other authority as the Minister may prescribe in the "Gazette". However, the land that is normally targeted for large-scale investment is not the one under ‗a granted right of occupancy.‘ Rather, it is the one under ‗a customary right of occupancy.‘ This logically stems from the fact that ―Tanzania is still a largely rural and agricultural country‖ hence ―the majority of the Tanzanian people own land through customary law, despite modernization efforts‖ (Nshala 2008: 3). Most of this land constitutes what the Village Act, 1999 defines as ‗village land.‘ Section 4(1) of the Act empowers the President, where s/he is ―minded to transfer any area of village land to general or reserved for public interest‖, to do so by directing ―the Minister to proceed in accordance with the provisions of this section.‖ Expectedly, the provision of Section 4(2) includes the following definition: ―For the purposes of subsection (1), public interest shall include investments of national interest.‖ Figure 1 highlight main procedures used to acquire land – including what this Act calls ‗village transfer land‘ – for investment purposes. 15
Page 1 and 2: ACCUMULATION BY LAND DISPOSSESSION
Page 3 and 4: Acknowledgements This briefing pape
Page 5 and 6: “Dismembered from the land, from
Page 7 and 8: 1.2 Methodology This case study was
Page 9 and 10: Census for Agriculture of 2002/2003
Page 11 and 12: acres of land were acquired by the
Page 13: interest‘. And ‗public interest
Page 17 and 18: To make sense of how, in practice v
Page 19 and 20: Moreover, Section 4 (9) of the Act
Page 21 and 22: segment of both China and India - e
Page 23 and 24: usiness elites are rushing into the
Page 25 and 26: forestry company with established,
Page 27 and 28: Afforestation/Reforestation (A/R) p
Page 29 and 30: aadae kutakuwa na mkutano wa kijiji
Page 31 and 32: ‗facilitator‘ clarified that th
Page 33 and 34: een set with beacons and sold to th
Page 35 and 36: without discrimination.‘ Then the
Page 37 and 38: Mapendekezo ya H/Kijiji yalikataliw
Page 39 and 40: KIWALAMO VILLAGERS WHOSE AREA HAVE
Page 41 and 42: y the investors. Others have resort
Page 43 and 44: It should be noted that this compan
Page 45 and 46: Mavuji effectively illustrates this
Page 47 and 48: members of the village Government h
Page 49 and 50: TABLE 2: SIZE OF LAND ACQUIRED AND
Page 51 and 52: apparently, the company had already
Page 53 and 54: change) but for me our reason is th
Page 55 and 56: oth cases the issue of food (in)sec
Page 57 and 58: POSTCRIPT New information availed t
Page 59 and 60: Land Equity Movement in Uganda, LEM
Page 61 and 62: Clean Development Mechanism (CDM)

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