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The Arbitrary State in the Uluguru Mountains: Legal Arenas and Land Disputes in Tanzania

Published online by Cambridge University Press:  11 November 2008

Jan Kees Van Donge
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Extract

When Julius Nyerere visited Mgeta in the Uluguru mountains while campaigning in 1987 for the chairmanship of what was then Tanzania's only party, Chama cha Mapinduzi (C.C.M.), he was confronted with a question relating to a long-running land dispute. Given that a national leader can expect to make little political capital from getting embroiled in such a controverty, Nyerere not surprisingly emphasised that he could not interfere with the work of the local primary court. It is doubtful, however, whether those present considered this a satisfactory reply as, in their experience, the administration of law – especially in relation to land–is highly problematic. Indeed, the magistrate handling this very case was removed by popular request because of alleged corruption soon after stating confidently: ‘After the hospital, we provide the most popular government service’. The demand for legal services is great in Mgeta, as elsewhere in the country, but at the same time there is little or no trust in the legal institutions.

Type
Articles
Information
The Journal of Modern African Studies , Volume 31 , Issue 3 , September 1993 , pp. 431 - 448
Copyright
Copyright © Cambridge University Press 1993

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References

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In a personal communication, dated 20 January 1991, P.C. Duff, who as a colonial officer adjudicated land cases in the area before independence, also alludes to the difficulty of getting issues of conflict out into the open. He mentions ‘the buzz of approval from the audience’ when things were correctly stated, and ‘Of course, there are no secrets in an African village, and, whatever the virulence of claims and counter claims, the right answer is known, although not always publicly stated’.

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