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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 th...

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Main Authors:	Hikmany, Abdul-Nasser H., Syed Abdul Kader, Sharifah Zubaidah, Othman, Ahmad Azam
Format:	Proceeding Paper
Language:	English
Published:	2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/48385/1/48385.pdf http://irep.iium.edu.my/48385/ http://icarbss.com/icarbss.php
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id	my.iium.irep.48385
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spelling	my.iium.irep.483852023-11-09T08:28:53Z http://irep.iium.edu.my/48385/ 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. 2015 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/48385/1/48385.pdf Hikmany, Abdul-Nasser H. and Syed Abdul Kader, Sharifah Zubaidah and Othman, Ahmad Azam (2015) Legal issues of land acquisition in Zanzibar. In: 1st International Conference on Advanced Research in Business and Social Sciences 2015 (ICARBSS 2015), 2nd-3rd Sept. 2015, Kuala Lumpur Convention Centre, Kuala Lumpur. http://icarbss.com/icarbss.php
institution	Universiti Islam Antarabangsa Malaysia
building	IIUM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	International Islamic University Malaysia
content_source	IIUM Repository (IREP)
url_provider	http://irep.iium.edu.my/
language	English
topic	K Law (General)
spellingShingle	K Law (General) Hikmany, Abdul-Nasser H. Syed Abdul Kader, Sharifah Zubaidah Othman, Ahmad Azam Legal issues of land acquisition in Zanzibar
description	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	Proceeding Paper
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
title_full_unstemmed	Legal issues of land acquisition in Zanzibar
title_sort	legal issues of land acquisition in zanzibar
publishDate	2015
url	http://irep.iium.edu.my/48385/1/48385.pdf http://irep.iium.edu.my/48385/ http://icarbss.com/icarbss.php
_version_	1783876070911508480
score	13.211869

Legal issues of land acquisition in Zanzibar

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