Jurisdiction of ward tribunals on land matters
Last week I referred a land dispute to a ward tribunal but the secretary of the tribunal rejected my complaint on the ground that the tribunal does no longer have the power to receive and decide land disputes. Does it mean that the ward tribunals have been abolished?
HS, Kibaha
Ward tribunals are established under section 3 of the Ward Tribunals Act [Cap.206 R.E 2002] and the said provisions have not been repealed. It is the jurisdiction of the ward tribunals over land matters which is now limited to mediation and that has all along been the primary function of the ward tribunals. Power of the ward tribunals to hear and decide land disputes was removed through amendment made to the Land Disputes Courts Act [Cap.216 R.E 2002] by the Written Laws (Miscellaneous Amendments) Act No.5 of 2021.
Before this amendment, ward tribunals had the power to hear and decide land disputes provided the value of the disputed land did not exceed TZS 3,000,000. Following the amendment, ward tribunals have only retained their primary function to secure peace and harmony by attempting to mediate land disputes referred to them by the parties before the dispute is referred to the District Land and Housing Tribunal for adjudication.
The District Land and Housing Tribunals are not allowed to hear and decide a land dispute unless the Ward Tribunal has attempted to settle the dispute amicably and failed, and it has issued a certificate that mediation has been attempted but it failed. Where a party to the dispute refers a land matter to the ward tribunal but the tribunal fails to settle it within 30 days, the party who referred the dispute to the ward tribunal may take the matter to the District Land and Housing Tribunal without a certificate of non-settlement issued by the ward tribunal provided that he will have to prove that the ward tribunal failed to mediate the dispute within 30 days after receipt of the complaint.