Assessment of Legal Challenges in the Customary Land Formalisation Process in Tanzania

Abstract

This study, titled “Assessment of Legal Challenges in the Customary Land Formalisation Process in Tanzania,” provides the challenges faced by rural communities, particularly in the Kigoma region, in formalising customary land rights. Despite the existence of legal frameworks like the Village Land Act [Cap 114 R.E 2024] and the Land Act [Cap 113 R.E 2025] that recognise customary land rights, their implementation remains fraught with difficulties. These challenges include low awareness of legal rights, institutional inefficiencies, legal contradictions, and economic and gender-based barriers. The study aimed to assess the understanding of legal frameworks among rural landowners, identify institutional and legal challenges in land formalisation, and explore the perspectives of stakeholders on the effectiveness of the current land laws. A qualitative research methodology was employed, utilising semi-structured interviews, focus group discussions, and document reviews. The findings revealed that many landowners lack detailed knowledge of the laws, land registration processes are often costly and bureaucratic, and there is a persistent tension between customary and statutory land tenure systems. Additionally, women face significant barriers to land ownership, despite legal guarantees of gender equality. The study concludes that formalising customary land is critical for enhancing land tenure security, reducing land disputes, and fostering sustainable economic development. It recommends improving legal awareness, harmonising statutory and customary laws, decentralising land registration powers, enhancing the capacity of local land institutions, and promoting gender equality in land ownership. The study emphasises the need for a collaborative approach involving the government, local authorities, civil society, and communities to address the complex challenges of land formalisation in Tanzania. This research contributes valuable insights to the ongoing discussions on land reform in Tanzania, proposing practical solutions for overcoming the legal challenges in formalising customary land.