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Investigating Justice Systems in Land Conflict Resolution: A Case Study of Kinondoni Municipality, Tanzania

Sackey, Gertrude (2010) Investigating Justice Systems in Land Conflict Resolution: A Case Study of Kinondoni Municipality, Tanzania.

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Abstract:The continued existence and progress of man depends on land and people with different interests having competing demands over land resulting in land disputes and conflicts. Dispute over land are therefore seen to be an integral part of human interaction. However, prolonged land conflicts have negative impact on all aspects of social and economic developments. Inefficient mechanisms of dealing with these conflicts can result in disastrous effects. In many countries, especially in Africa, land conflicts are resolved through formal and informal justice institutions, each of them having its own mechanism of dealing with land conflicts. Formal institutions are those that are established by legislation while informal institutions are those local institutions that are recognised by the local communities but are not supported by legislation. In conflict management, the choice of the appropriate process depends on the particular circumstances and the context within which the conflict occurs. Disputants are left to choose between the „best practiced‟ and „preferred‟ conflict resolution mechanism. In developing countries some of the systems to deal with these conflicts are insufficient and ineffective and what remains unclear is why these systems are unable to deliver particularly in terms of resolving urban conflicts. The aim of this study therefore is to examine the different justice systems available for resolving land conflicts and analyse why disputants prefer a particular system. The study is based on a case study approach. A combination of qualitative and quantitative methods including interviews, household surveys, observations and literature survey were used to collect and analyse data on the types of conflicts and how these conflicts were resolved. The study reveals some inefficiency in both the formal and informal justice systems. The effect is that many of land disputes are not resolved or settled but has evolved into other types of conflicts. Furthermore, the study revealed that disputants prefer to use the informal justice systems to the established „best practiced‟ systems, because of its flexibility for negotiations. However, disputants are somehow coerced to use the formal systems because the preferred system is not recognised by law. In this regard, there is the need for alternative justice systems with flexible mechanisms to adapt to the preferences of the modern and dynamic societies.
Item Type:Essay (Master)
Faculty:ITC: Faculty of Geo-information Science and Earth Observation
Programme:Geoinformation Science and Earth Observation MSc (75014)
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