Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-25T04:33:30.176Z Has data issue: false hasContentIssue false

The Arbitrary State in the Uluguru Mountains: Legal Arenas and Land Disputes in Tanzania

Published online by Cambridge University Press:  11 November 2008

Extract

When Julius Nyerere visited Mgeta in the Uluguru mountains while campaigning in 1987 for the chairmanship of what was then Tanzania's only party, Chama cha Mapinduzi (C.C.M.), he was confronted with a question relating to a long-running land dispute. Given that a national leader can expect to make little political capital from getting embroiled in such a controverty, Nyerere not surprisingly emphasised that he could not interfere with the work of the local primary court. It is doubtful, however, whether those present considered this a satisfactory reply as, in their experience, the administration of law – especially in relation to land–is highly problematic. Indeed, the magistrate handling this very case was removed by popular request because of alleged corruption soon after stating confidently: ‘After the hospital, we provide the most popular government service’. The demand for legal services is great in Mgeta, as elsewhere in the country, but at the same time there is little or no trust in the legal institutions.

Type
Articles
Copyright
Copyright © Cambridge University Press 1993

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Abrahams, Ray, ‘Sungusungu: village vigilante groups in Tanzania’, in African Affairs (London), 86, 343, 04 1987, pp. 179–96.CrossRefGoogle Scholar

2 Daily News (Dar es Salaam), 17 August 1989.Google Scholar

3 van Donge, Jan Kees, ‘Agricultural Decline in Tanzania: the case of the Uluguru mountains’, in African Affairs, 91, 362, 01 1992, pp. 7394.CrossRefGoogle Scholar

4 Ellis, Frank, ‘Agricultural Marketing and Peasant-State Transfers in Tanzania’, in Journal of Peasant Studies (London), 10, 4, 07 1983, p. 219.CrossRefGoogle Scholar

5 Peter Gibbon, ‘Review of Andrew Coulson, Tanzania: a political economy’, in ibid. 11, 1, October 1983, pp. 122–7.

6 Feldman, Rayah, ‘Custom and Capitalism: changes in the basis of land tenure in Ismani, Tanzania’, in Journal of Development Studies (London), 10, 3–4, 0407 1974, pp. 305–20.CrossRefGoogle Scholar

7 Moore, Sally Falk, Social Facts and Fabrications: ‘customary’ law on Kilimanjaro, 1880–1980 (Cambridge, 1986).Google Scholar

8 van Hekken, P. M. and Thoden van Velzen, H. U. E., Land Scarcity and Rural Inequality in Tanzania: some case studies from Rungwe district (The Hague, 1972), chs. 8–9.Google Scholar

9 See Young, Roland and Fosbrooke, Henry, Land and Politics Among the Luguru of Tanganyika (London, 1960), for some court cases in an appendix that reveal an anxiety at that time to avoid the idea of open conflictGoogle Scholar. For example, p. 196: ‘I sue Kilingile bin Fundi in that he has taken my piece of land which is at Chingho whereas he has his own and I have mine.’ In other words, a case is being brought before the court stating explicitly that there should be no reason for a case!

In a personal communication, dated 20 January 1991, P.C. Duff, who as a colonial officer adjudicated land cases in the area before independence, also alludes to the difficulty of getting issues of conflict out into the open. He mentions ‘the buzz of approval from the audience’ when things were correctly stated, and ‘Of course, there are no secrets in an African village, and, whatever the virulence of claims and counter claims, the right answer is known, although not always publicly stated’.

10 Cf. Dubow, F. L., ‘Justice for the People: law and politics in the lower courts of Tanzania’, PhD. dissertation, University of California 1973, p. 158Google Scholar: ‘In 1969 in Mgeta the primary court magistrate stopped hearing land disputes, because he was under the impression that [they] should go to a land disputes reconciliation board rather than to the primary court. Within a short time, the number of cases of crop theft dramatically rose in his court. When the factual situation in these cases is examined it is clear that these were really land disputes’.

11 Young and Fosbrooke, op. cit. chs. 3–4.

12 See van Donge, Jan Kees, ‘Legal Insecurity and Land Conflict in Mtega, Uluguru Mountains, Tanzania’, in Africa (London), 63, 2, 1993, pp.Google Scholar

13 Long, Norman, ‘Introduction: the raison d'être for studying rural development interface’, in Long, (ed.), Encounters at the Interface (Wageningen, 1989), pp. 12.Google Scholar

14 See Chanock, Martin, Law, Custom and Social Order: the colonial experience in Malawi and Zambia (Cambridge, 1985);Google ScholarCheater, Angela, ‘Fighting Over Property’, in Africa (London), 57, 2, 1987, pp. 188206;CrossRefGoogle ScholarColson, Elizabeth, ‘From Chief's Court to Local Court: the evolution of local courts in Southern Zambia’, in Aranoff, H. J. (ed.), Freedom and Constraint: a memorial tribute to Max Gluckman (Assen, 1967), pp. 1529;Google Scholar and Mackenzie, Fiona, ‘Gender and Land Rights in Murang'a District, Kenya’, in Journal of Peasant Studies, 17, 4, 1990, pp. 609–43.CrossRefGoogle Scholar

15 According to Franz von Benda-Beckmann et al., ‘Interfaces and Janus-faces: a critical appraisal of the interface approach in development sociology from a socio-legal perspective’, in Long (ed.), op. cit. pp. 205–21, legal pluralism does not automatically imply a clash between a local system legitimised by custom and that backed by the state.Google Scholar

16 See Poulantzas, Nicos, Political Power and Social Classes (London, 1973).Google Scholar

17 Wolff, K. H., (ed.), The Sociology of Georg Simmel (New York, 1950).Google Scholar

18 United Republic of Tanzania, Ministry of Agriculture, The Tanzanian Agricultural Policy (Dares Salaam, 1982). The Government now merely proposes the collective registration of land held by villages and to data this option has not been taken up.Google Scholar

19 Raikes, Phil, ‘Eating the Carrot and Wielding the Stick: the agricultural sector in Tanzania’, in Boesen, Jannik, Havnevik, Kjell J., Koponen, Juhani, and Odgaard, Rie (eds.), Tanzania: crisis and struggle for survival (Uppsala, 1986), pp. 105–41.Google Scholar

20 Paul, J. L., ‘Farming Systems in Upper Mgeta’, Sokoine University of Agriculture, Morogoro, 1988.Google Scholar

21 Barrows, Richard and Roth, Michael, ‘Land Tenure and Investment in African Agriculture: theory and evidence’, in The Journal of Modern African Studies (Cambridge), 28, 2, 06 1990, p. 297.CrossRefGoogle Scholar

22 Mackenzie, Fiona, ‘Land and Territory in Murang'a’, in Africa, 59, 1, 1989, pp. 91110,CrossRefGoogle Scholar and Angelique Haugerud, ‘Land Tenure and Agrarian Change’, in ibid. pp. 61–91.