Urban Expansion and Compulsory Land Acquisition in Dodoma National Capital, Tanzania John Lupala1 and Phillip Chiwanga2 1Ardhi University, Dar Es Salaam, Tanzania

JLAEA Vol 2 Issue 2, July 2014 @Ardhi University Urban Expansion and Compulsory Land Acquisition in Dodoma National Capital, Tanzania John Lupala1 and Phillip Chiwanga2 1Ardhi University, Dar es Salaam, Tanzania. 2Institute of Rural Development Planning, Dodoma, Tanzania. Email: [email protected] [email protected] Abstract The shifting of national capitals from old cities to new sites was fashionable from the 1956 to 1990s. While in the past this move was politically motivated, in the later decades this shift has been motivated by economic and innovation attributes to establish centres for building states and national identity. Tanzania declared its intention of shifting the national capital from Dar es Salaam to Dodoma in 1973. This declaration and the recent establishment of large institutions in Dodoma fuelled its expansion from a small town of about 45,000 people in 1973 to 410,956 people in 2012. This expansion culminated into increased demand for land for various urban functions. The Capital Development Authority has been deploying compulsory land acquisition as guided by the Land Acquisition Laws. However, the land acquisition processes have been marred by resistance from local communities on account of not being fair, prompt, participatory and at times, not following the land acquisition laws. This paper examines the land acquisition and emerging issues from the processes. Two areas of Nzuguni and Machimbo were selected and a sample size of 85 respondents was drawn. The methods used in gathering data included; interviews and observations complemented with mapping where spatial data was sought. Results indicate that community members did not participate effectively in the land acquisition process and their opinions were not adequately taken into account. Compensation rates given to the dispossessed individuals were lower compared to those prevailing in market. There were procedural flaws and at times, non-adherence to the laws. As a way forward, it has been recommended that adequate community participation should be part of the land acquisition and stakeholders‟ opinions must be integrated in decisions making processes. Key words: Urban expansion, Compulsory land acquisition, New National Capital, Dodoma. 1. Introduction motivation was related to deployment of new The wave of shifting national capitals from old capitals as innovative centres for building states established cities to new locations swept many and national identity. While authoritarianism by countries in Africa, Asia, South America, Europe the ruling powers played a key role in some and Australia. These include for example Brazil countries, some new capitals were designed and that shifted its capital from Rio De Jeneiro to developed to function as hubs of economic Brasilia in 1956, Mauritania from Saint Louis to exchange and as comparable models of effective Nouakchott in 1957; Pakistan from Karachi to political administration and modernization. Such Islamabad in 1959; Germany from Bonn to Berlin capitals include Brasilia that was designed to in 1990 and Malawi from Zomba to Lilongwe in symbolically pare with other modern states. 1965. Tanzania shifted its National Capital from Controlling cultural diversity was also attributed to Dar es Salaam to Dodoma in 1973 (Table 1). this move especially in countries with ethnic and Although there have been several reasons religious diversity (for example Gaborone and attributed to shifting national capitals, during the Lagos). colonial period, the shift was largely motivated by locating capitals as strategic points for natural The declaration and subsequent shift of national resource exploitation. In the post colonial era, the capitals created new demands for the newly Journal of Land Administration in Eastern Africa Page 206 JLAEA Vol 2 Issue 2, July 2014 @Ardhi University designated capital functions. Urban expansion has holders. Section 24 (1and 2), of the Constitution been rapid in most of these cities creating gives protection of the land occupiers when challenges on how land can be acquired, planned compulsory land acquisition is exercised. It states and availed for the development of capital that; functions. “…every person is entitled to own property, and has a right to the protection of his property held in Table 1: Capital relocations in the 21st century accordance with the law. It should be unlawful for Country Former New capital Year of any person to be deprived of property for the capital Declarat purpose of nationalisation or any other purposes ion without the authority of the law which makes Brazil Rio De Brasilia 1956 provision for fair and adequate compensation…”, Jeneiro (URT, 1977). Mauritania Saint Nouakchott 1957 Louis In the same vein, the Universal Declaration of (Senegal) Human Rights (Article 17) provides that Pakistan Karachi Islamabad 1959 “everyone has the right to own a property in Botswana Mafeking Gaborone 1961 association with others” and that “no one shall be Libya Benghazi Tripoli 1963 arbitrarily deprived of his/her property” (FAO, Malawi Zomba Lilongwe 1965 2009). Although these legal instruments give Belize Belize Belmopan 1970 overwhelming rights to land and property owners City whose properties are expropriated, there has been Tanzania Dar es Dodoma 1973 an increase in incidences where land rights for the Salaam poor are compulsorily acquired without fair and Nigeria Lagos Abuja 1975 prompt compensation. Most worrying has been the acquisition of land in the context of the national Ivory Abidjan Yamoussou 1983 capital where matters of fairness were supposed to Coast kro be observed. Germany Bonn Berlin 1990 Kazakhstan Almaty Astana 1997 2. Compulsory Land Acquisition in Tanzania Malaysia Kuala Putrajaya 2000 The Constitution of the United Republic of Lumpur Tanzania of 1977 provides that, land in Tanzania Source: (Schatz, 2003) is a public asset and vested to the President. Sections 19-23 of the Land Act (1999) recognizes In the Tanzanian context, compulsory land three land tenure regimes existing in Tanzania acquisition has been applied as a tool for land which are; statutory or granted rights of acquisition. Compulsory land acquisition is a occupancy, customary and informal regimes prerogative of the state when land is sought for which; at times, in the transformation process are public interests (Larbi, 2008). The acquisition commonly known as „neo-customary‟ or „quasi- process is largely guided by the Land Act Number customary‟ regime (URT, 1999); (Kombe, 2010). 4 and 5 of 1999, the Physical Planning Act Compulsory land acquisition in Tanzania is Number 8 of 2007, the Land Acquisition Act mandated by section 3 of the Land Acquisition Act Number 47 of 1967, the Constitution of the United No.47 of 1967, which provides powers to the Republic of Tanzania (1977) and other national President to acquire any land for public purposes. and international declarations. While the Land The Act provides that this process should be Acquisition Act Number 47 of 1967 gives the preceded by prompt, fair and adequate President powers to acquire land for public use, compensation, and that; such a decision by the Section 179 of the Land Act (1999) and section President must be gazetted. 11(1 and 2) of the Land Acquisition Act (1967) provide for the protection of the rights of land Journal of Land Administration in Eastern Africa Page 207 JLAEA Vol 2 Issue 2, July 2014 @Ardhi University Figure 1: Compulsory land acquisition procedures in Tanzania - MLHHSD - Public interest parties - MLHHSD - Local Governmen t - Public media - Local Govt - Utility Agencies - Land owners - Dispossessed - Utility agencies - Local leaders Legal preliminaries - Application by private or Notification and 6 Resettlement of the 1 public& assessment by 2 participation Dispossessed MLHHSD or Local - Government gazette (optional) government - Public media Land Acquisition and Socio- Economic (in) stability - Property rights - Livelihoods - MLHHSD - Technical - Local government - MLHHSD - Utility agencies - Local government - Land occupiers -Dispossessed - MLHHSD -Local leaders households - Local government - Dispossessed households Assessment of compensation Payment Take possessions of - Solicitors the property For land and un-exhausted - Oversee demolitions Improvements therein 5 Paying the dispossessed & and resettlement 4 3 Receipt of complaints -Cash and or other alternatives Source: Kombe, (2010) Experience shows that, the practice in application Compulsory land acquisition is socially a of compulsory land acquisition instrument has justifiable process where the state needs to acquire often resulted into grievances, resistance, riots and land to support social projects. It is partly a wealth sometimes physical confrontation between state‟s redistribution process necessary to benefit the compulsory land acquisition implementing wider community to which the individual is part of agencies and the community members from which (Ndjovu, 2003). Since it is very difficult for properties are expropriated. Some examples individuals to voluntarily offer their land for these include; the Kigamboni modern city project, the purposes, the state has institutionalized the 20,000 plots project, the Chasimba and Kwembe compulsory land acquisition as an instrument to areas in Dar es Salaam. Lots of social unrest and help in achieving this objective in the name of economic instability for many people whose land “public interest”. Compulsory land acquisition was compulsorily acquired was noted (Kombe, helps the state to compulsorily

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