Legal issues of land acquisition in Zanzibar
The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 introduces conflicting concepts of „acquisition‟ and „termination‟. As there is a law on acquisition and another for termination, the land acquisition officers are faced with difficulties in selecting...
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my.iium.irep.511972023-11-15T03:44:11Z http://irep.iium.edu.my/51197/ Legal issues of land acquisition in Zanzibar Hikmany, Abdul Nasser H Syed Abdul Kader, Sharifah Zubaidah Othman, Ahmad Azam K Law (General) The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 introduces conflicting concepts of „acquisition‟ and „termination‟. As there is a law on acquisition and another for termination, the land acquisition officers are faced with difficulties in selecting the right approach, not to mention that the law on termination does not have provisions in guiding the termination process e.g. notice and inquiry. The land acquisition institutions also seems not to be taking orders from a single authority, rather than the whole government and the local government having command in acquiring land rights and interests. The practicalities of the land acquisition which are enlighten in this paper, have identified the use of force in acquiring private lands for private investment. Other issues include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack of court‟s approval prior to acquiring private land rights. The authors use different approaches to reveal significant issues in the land acquisition process in Zanzibar. These methods include an analysis of case laws and legislative instruments. The interviews conducted with the land officers and deprived land holders early 2015 are also referred. This paper concludes with recommendations for the Zanzibar Government to consider, such as amendment of laws and backing up the land acquisition process with principles of transparency, accountability and public participation. 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/51197/1/Legal_Issues_of_Land_Acquisition_in_Zanzibar.pdf Hikmany, Abdul Nasser H and Syed Abdul Kader, Sharifah Zubaidah and Othman, Ahmad Azam (2016) Legal issues of land acquisition in Zanzibar. International Journal of Business Management and Economic Studies , 4 (1). pp. 1-4. ISSN 1234-5678 http://www.ijbmes.com/VOL/Vol.%204.%20No.%201%20P1%20.%202016.pdf |
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K Law (General) Hikmany, Abdul Nasser H Syed Abdul Kader, Sharifah Zubaidah Othman, Ahmad Azam Legal issues of land acquisition in Zanzibar |
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The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree
1909 introduces conflicting concepts of „acquisition‟ and „termination‟. As there is a law on
acquisition and another for termination, the land acquisition officers are faced with difficulties in
selecting the right approach, not to mention that the law on termination does not have provisions
in guiding the termination process e.g. notice and inquiry. The land acquisition institutions also
seems not to be taking orders from a single authority, rather than the whole government and the
local government having command in acquiring land rights and interests. The practicalities of the
land acquisition which are enlighten in this paper, have identified the use of force in acquiring
private lands for private investment. Other issues include discrepancies in paying compensation,
deficiencies in the inquiry and notice and lack of court‟s approval prior to acquiring private land
rights. The authors use different approaches to reveal significant issues in the land acquisition
process in Zanzibar. These methods include an analysis of case laws and legislative instruments.
The interviews conducted with the land officers and deprived land holders early 2015 are also
referred. This paper concludes with recommendations for the Zanzibar Government to consider,
such as amendment of laws and backing up the land acquisition process with principles of
transparency, accountability and public participation.
|
format |
Article |
author |
Hikmany, Abdul Nasser H Syed Abdul Kader, Sharifah Zubaidah Othman, Ahmad Azam |
author_facet |
Hikmany, Abdul Nasser H Syed Abdul Kader, Sharifah Zubaidah Othman, Ahmad Azam |
author_sort |
Hikmany, Abdul Nasser H |
title |
Legal issues of land acquisition in Zanzibar
|
title_short |
Legal issues of land acquisition in Zanzibar
|
title_full |
Legal issues of land acquisition in Zanzibar
|
title_fullStr |
Legal issues of land acquisition in Zanzibar
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title_full_unstemmed |
Legal issues of land acquisition in Zanzibar
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legal issues of land acquisition in zanzibar |
publishDate |
2016 |
url |
http://irep.iium.edu.my/51197/1/Legal_Issues_of_Land_Acquisition_in_Zanzibar.pdf http://irep.iium.edu.my/51197/ http://www.ijbmes.com/VOL/Vol.%204.%20No.%201%20P1%20.%202016.pdf |
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