Thursday 20 December 2007

'The law recognises and defends the rights of squatters'

Magufuli spits fire over land grabbing

Lands, Housing and Human Settlements Development minister John Magufuli has warned that he will give President Jakaya Kikwete the names of all those using their influence to grab open spaces or unsurveyed tracts of land belonging to other people.

He issued the warning in Dar es Salaam yesterday at a ceremony to hand over letters of offer to 250 people soon expected to be issued with title deeds to houses built in the city under a special scheme overseen by the ministry.

The houses are built at Hananasif and Mkunguni in the Kinondoni municipality.

``I am fed up having to attend to an avalanche of written proposals from some directors at the district level seeking to alter the status of open spaces. Next time I will have no option but to forward the proposals to the President so that he too gets to know the government officials acting contrary to the laws of the land,`` observed the minister.

He commended Tabitha Siwale, a former Housing and Urban Development minister now heading an NGO known as WAT - Human Settlement Trust Fund, for her relentless efforts to help people have access to relevant documents to facilitate their ownership of land to enable them to receive loans from financial institutions.

Magufuli also took a swipe at those fond of randomly pulling down buildings and other structures believed to be located at the wrong spots. He said doing so was unacceptable because there were sections in the Land Acquisition Act that recognise and defend the rights of squatters.

``Nearly 75 per cent of all urban dwellers in our country live in unplanned areas. What do you do with all these people – really demolish all their houses?`` he asked, rhetorically.

He added:``No, they need to be assisted through improvement of infrastructure and availability of reliable supplies of water, power and other basic social services. They should be assisted so that they have their land surveyed the way it has been to WAT so that the respective residents live more conveniently.``

Citing the plight of valley and mountain dwellers in different parts of the country often targeted for eviction after being classified as people flagrantly flouting land and settlement laws and regulations, the minister noted: ``They too need to be conveniently assisted where they are until their safety is guaranteed. Think of the Netherlands where some cities are below sea level or Switzerland where many people live on the mountains.``

Commenting on the role of entrusting Land officials with the responsibility of defending people`s rights, he said the officials must adhere to laid down laws and regulations and remember that they are also risk being punished if discovered to have acted improperly.

The minister made the crowd burst into laughter when he called on land officials, some of whom were around, to fear God when serving the public.

``I will always defend the people’s rights and make sure that land is used as planned. In want to remain faithful until I die so that, while in heaven, I can take charge of the Land department there to make sure that no one is given a raw deal,`` he quipped.

He said that, according to Land Act Number 2 of 2002, land owners have the right to sue officials they believe to have illegally demolished their structures.

The last few years have witnessed disturbing scenes in which hapless wananchi have denounced the random demolition of their houses, business stalls and other structures to pave the way for planned expansion, rehabilitation and other work on infrastructure.

* SOURCE: Guardian, 20 Dec 2007
By Bilham Kimati

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