Q&A – 18 February 2019
Revocation of land
I am confused as to when land can be liable to revocation? Who revokes the land and are there any alternatives?
FG, Morogoro
Revocation is provided for under section 45 of the Land Act Chapter 113 of our laws. This section states that if there is a breach in the right of occupancy (title deed), the title deed becomes liable to be revoked by the President. The section further states that the President shall not revoke a right of occupancy save for the good cause.
Good cause includes the following: there has been an attempted disposition of a right of occupancy to a non-citizen contrary to the Land Act and any other law governing dispositions of a right of occupancy to a non-citizen; the land the subject of the right of been abandon for not less than two years; where the right of occupancy is of land of an area of not less than five hundred hectares, not less than eighty per centum of that area of land has been unused for the purpose for which the right of occupancy was granted for not less than five years; there has been a disposition or an attempt at a disposition which does not comply with the provision of the Land Act; there has been a breach of a condition contained or implied in a certificate of occupancy; there has been a breach of any regulation made under the Land Act; where under a mortgage, borrowed funds are not used for purposes of developing underdeveloped or undeveloped land; and where funds are borrowed from overseas bank under a mortgage, such funds are not used for purposes of investing in Tanzania.
Section 45 adds that the President may also revoke a right of occupancy if in his opinion it is in the public interest to do so, for example for a project of strategic importance to the country.
Before proceeding to take any action in respect of a breach of a condition of the right of occupancy, the Commissioner must consider the nature and gravity of the breach and whether it could be waived; the circumstances leading to the breach by the occupier and whether the condition that has been breached could be amended so as to obviate the breach, and shall in all cases where he is minded to proceed to take action on a breach, first issue a warning letter to the occupier advising him that he is in breach of the conditions of the right of occupancy. The Commissioner may, instead of proceeding to the enforcement of the revocation, impose a fine on the occupier or serve a notice on the occupier requiring the breach to be remedied.
Contempt of Court
I have been threatened with Contempt of Court and have been threatened with imprisonment. What is it and how do I work around it?
OP, Dar
The Penal Code provides for contempt of Court and states that any person (a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or (b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document or other thing, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or (c) causes an obstruction or disturbance in the course of a judicial proceeding; or (d) while a judicial proceeding is pending, publishes, prints or makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or (e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or (f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence; or (g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or (h) wrongfully retakes possession of any land or other property from any person who has recently obtained judgment from a court for the recovery of possession of such land or property; or (hh) wrongfully retakes possession of any child from any person who has obtained the custody of such child under an order of the court; or (hhh) having the means to pay any sums by way of compensation or costs or otherwise in civil or criminal proceedings awarded against him by a primary court, wrongfully refuses or neglects after due notice to make such payment in accordance with any order for payment whether by instalments or otherwise; or (i) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken, is guilty of a misdemeanour, and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.
Hence the penalty for contempt is either a fine of TZS 500 only or imprisonment for 6 months.