Two land laws are available in this section. The 1923 Land Ordinance is no longer in force, but is interesting from an historical perspective. The HADO by-law is of interest because of the international interest which was generated by the HADO project to control land degradation around Kondoa and Dodoma.
Hifadhi Ardhi Dodoma (HADO) By Law Translation
Soil erosion in the Dodoma region has been a problem since before Tanzanian independence. During the 1940s and 1950s, anti-erosion measures consisted of forced reduction of stock numbers, ridge cultivation, contour banking of uncultivated land, rotational grazing as well as depopulation. Afforestation was attempted on a very small scale.
Farmers were required to plant sisal (Agave sisalana) around their farmlands to save whatever arable land that remained from further destruction. However, because of their discriminative nature and application, these measures proved unpopular to the indigenous people. The coming of independence therefore saw the break down of nearly all orders, restrictions and regulations concerning soil conservation. Thus soil erosion and degradation continued.
In 1972 the government initiated a study of soil erosion in the Dodoma region with special emphasis on the Kondoa District. The HADO project is this response of the Tanzanian government. The project itself was started in 1973 after the preparation of the first 1- year master plan. The plan, preparation and implementation of the project was carried out by the Forestry Division, Ministry of Natural Resources and Tourism.
Aside from the massive soil erosion and degradation in the Dodoma district, other factors also influenced the government’s decision to initiate the HADO project:
Agriculture is the backbone of the Tanzanian economy, and is dependent on good arable land. If left unabated, this land would have been unavailable in the Dodoma region.
The Dodoma region is in the immediate impact area of the new national capital, Dodoma. The region had to be productive enough to cater for the rapidly increasing population.
Like the rest of Tanzania, 90% of the regions population depends on the land for their livelihood.
Famines are common in Dodoma. The cost of relief of this, places a heavy burden on the nation. Although there are many causes of famine, it was certain that erosion and degradation of the soil plays a significant role.
The estimated income per capita of the region was one of the poorest in Tanzania. Increasing productivity meant increasing the peoples standard of living.
By Law Documentation
These By Laws were translated in April 2001.
The Kondoa District Council By Laws (Prevention Of Soil Erosion, Land And Water Preservation And Care For Trees) Of 1984 [PDF]
Mbegu, A. C. (Not dated) THE HADO PROJECT: What, Where, Why, How? HADO Project Office, Kondoa. Forestry and Beekeeping Division, Ministry of Lands, Natural Resources and Tourism, Dar-Es-Salaam, Tanzania.
1923 Land Ordinance
The 1923 Land Ordinance is important for an historical view of the management of common pool resources in Tanzania for several reasons. The preamble of the Land Ordinance has its roots in the League of Nations Mandate under which the then Tanganyika was administered – which was that the Territory should be administered in the interests of the native inhabitants. This led to the famous “natural fruits” statement:
“WHEREAS it is expedient that the existing customary rights of the natives of the Tanganyika Territory to use and enjoy the land of the Territory and the natural fruits thereof in sufficient quantity to enable them to provide for the sustenance of themselves their families and their posterity should be assured protected and preserved”
Subsequent alienation of land for National Parks and Forest Reserves and the prevention of people gaining access to the “natural fruits” caused considerable concern amongst administrative officers at the time. Opposition to prevention of access was widespread, not only by local people but also within the administration.
Secondly, all land was declared to be State land:
“The whole of the lands of the Territory, whether occupied or unoccupied, on the date of the commencement of this Ordinance are hereby declared to be public lands.”
This nationalisation of land was to prevent land speculation and to control colonial settlement. The previous German colonial administration used a similar device by declaring all land “Crown Land” to stop the creation of vast private estates. It also gave the Governor sweeping powers which were subsequently used in the alienation of land for conservation.
The TANGANYIKA TERRITORY LAND ORDINANCE, 1923 (Ordinance No.3 of 1923) [PDF]
The amendment to the TANGANYIKA TERRITORY LAND ORDINANCE, 1923 (passed 1930) [PDF]