“100”, Oral Interview
Questions and Answers for Assistant Registrar, District Lands and Housing
Tribunals – Ministry
of Lands, Housing and Human Settlements Development
ABSTRACT
These oral questions focus on Tanzanian
land law, tribunal procedures, and dispute resolution. They cover the roles and
powers of Ward Tribunals and District Land and Housing Tribunals, including
mediation, appeals, and revisional powers. Key topics include land tenure,
rights of occupancy, valuation, evidence, and ethics in land administration.
The questions test understanding of both legal provisions and practical
application in handling land disputes.
Prepared by:
A lawyer stationed in Dar-es-salaam.
0628729934.
Date: June 1, 2025
Dear applicants,
This collection of questions and answers
has been carefully prepared to help all of you understand the key areas
tested during the interview. The goal is to provide a useful and practical
study guide so you can all perform confidently and fairly in the selection
process. I wish you the best of luck, and may this resource support you in
achieving success!
Warm regards,
Johnson Yesaya Mgelwa
For Personal Use by Applicants Preparing
for Assistant Registrar - District Lands and Housing Tribunals oral interview
at Ministry of Lands, Housing and Human Settlements Development.
ALL
QUESTIONS ARE COMPILED TOGETHER.
1. What are the main functions of the Land
and Housing Tribunals in Tanzania?
The Tribunals adjudicates land disputes,
enforces land rights, and ensures fair and timely resolution of conflicts
arising from ownership, occupation, and use of land under the Land Disputes
Courts Act [Cap.216 R.E. 2023].
2. What law governs the establishment and
operation of Land and Housing Tribunals?
The Land Disputes Courts Act, Cap. 216
[R.E. 2023] governs the establishment,
composition, and functioning of Land and Housing Tribunals in Tanzania.
3. Who appoints members of the District
Land and Housing Tribunal?
According to Section 25 of the Land
Disputes Courts Act [Cap. 216 R.E. 2023], the Chairperson of the
District Land and Housing Tribunal is appointed by the Minister responsible
for Lands, from among persons who possess qualifications equivalent to
those of a Resident Magistrate. The assessors of the Tribunal are also appointed
by the Minister responsible for Lands, in consultation with the Regional
and District Commissioners of the area where the Tribunal is situated.
4. What is the composition of a Ward
Tribunal in Tanzania?
According to Section 11 of the Land
Disputes Courts Act [Cap. 216 R.E. 2023], read together with Section 4
of the Ward Tribunals Act [Cap. 206 R.E. 2023], each Ward Tribunal shall
consist of not less than four and not more than eight members, of whom three
must be women, elected by the Ward Committee from among residents of
the ward. The Chairperson of the Tribunal is appointed by the
appropriate authority from among those elected members, and the Secretary
is appointed by the local government authority in which the ward is
located, upon recommendation of the Ward Committee. The quorum for a
sitting is one-half of the total members, and decisions are made by the majority
of members present, with the Chairperson having a casting vote in
case of a tie.
5. Which institutions are responsible for
determining land disputes in Tanzania?
According to Section 3(2) of the Land
Disputes Courts Act [Cap. 216 R.E. 2023], the institutions vested with
jurisdiction to determine land disputes in Tanzania are: the Village Land
Council, the Ward Tribunal, the District Land and Housing
Tribunal, the High Court (Land Division), and the Court of Appeal
of Tanzania.
6. How is a case filed before the
District Land and Housing Tribunal?
A case is filed through a written
application, lodged in the Tribunal registry, accompanied by necessary
documents and filing fees as prescribed.
7. What is the procedure for mediation by
a Village Land Council in Tanzania?
According to Section 61 of the Village
Land Act [Cap. 114 R.E. 2023], the procedure for mediation is as follows:
1.
Voluntary
agreement: Any villager,
resident, or organization involved in a land dispute may agree to seek
mediation from the Village Land Council or its members.
2.
Convener’s
role: The convener
of the Village Land Council, after discussing the dispute with the parties, may
either:
(a) Convene a full council meeting; or
(b) Appoint one or more members to act as mediators between the parties.
3.
Initiation
by awareness: If the convener or
any council member becomes aware of a dispute, they should persuade the
parties to make use of the council’s mediation services.
4.
Principles
of mediation: Mediation must be
conducted in accordance with:
(a) Customary principles of mediation;
(b) Natural justice, where customary principles do not provide; and
(c) Principles and practices of mediation for which council members have
received training.
5.
Conflict
of interest: Members with a
personal or family interest, or who are employees of an involved party, cannot
act as mediators.
6.
Voluntary
participation: No person or
organization may be compelled to use the services of the Village Land
Council for mediation.
8. Two villagers have a dispute over a piece of village land. One
of the parties refuses to use the Village Land Council’s mediation services. As
an Assistant Registrar, how should the Village Land Council proceed under the
law?
Answer:
Under Section 61(6) of the Village Land Act [Cap. 114 R.E. 2023],
participation in mediation by the Village Land Council is voluntary. The
Council cannot compel any party to use its services. In this situation, the
Council should:
1.
Respect
the refusal of the
non-participating party;
2.
Encourage
dialogue and explain the
benefits of mediation to both parties;
3.
If
mediation fails due to non-participation, the disputing parties may pursue
formal adjudication in the Ward Tribunal or higher courts;
4.
Ensure
that any advice or records regarding the mediation attempt are documented
for reference in any subsequent formal proceedings.
This scenario tests the candidate’s
understanding of voluntary mediation, conflict management, and
proper legal procedures in line with Tanzanian land law.
9. What is the appellate body above the
District Land and Housing Tribunal?
Appeals from the District Land and
Housing Tribunal go to the High Court (Land Division) under Section 38 of the
Land Disputes Courts Act.
10. What is the time limit for filing an
appeal against a District Land and Housing Tribunal decision?
According to Section 38(1) of the Land
Disputes Courts Act [Cap. 216 R.E. 2023], any party aggrieved by a decision
or order of the District Land and Housing Tribunal made in the exercise of its
appellate or revisional jurisdiction may file an appeal to the High Court
within sixty (60) days from the date of the decision or order. However,
the High Court may extend the time for filing the appeal if there is
good and sufficient cause, whether before or after the expiry of the sixty
days.
11. What are the qualifications, tenure,
and appointment requirements for members and the Secretary of a Ward Tribunal
in Tanzania?
According to Sections 5 and 6 of the
Ward Tribunals Act [Cap. 206 R.E. 2023]:
Qualifications of members:
A person cannot be nominated as a
Tribunal member if they are:
(a) A member of the National Assembly;
(b) A member of a village council or Ward Committee;
(c) A civil servant;
(d) A legally qualified person or employed in the Judiciary;
(e) Under 18 years of age;
(f) Mentally unfit;
(g) Previously convicted of a criminal offence involving moral turpitude;
or
(h) Not a Tanzanian citizen.
Qualifications of Secretary:
Must be literate and educated,
capable of performing the duties of Secretary to the satisfaction of the Ward
Committee.
Tenure of office:
·
Members
serve a term of three years from the date of election and are eligible
for re-election.
·
In
case of vacancy (death, resignation, or other reasonable cause), the appropriate
authority appoints a replacement until the next election.
·
The
Secretary holds a permanent appointment in the Local Government
Authority where the Tribunal is situated.
12. What is the procedure for mediation
by a Ward Tribunal in Tanzania?
According to Section 14 of the Ward
Tribunals Act [Cap. 206 R.E. 2023], mediation by a Ward Tribunal must
involve at least three members of the Tribunal, and at least one of these
members must be a woman. This ensures gender representation and compliance with
statutory requirements for inclusivity in decision-making. The Chairperson of
the Tribunal selects the three members to participate in the mediation,
including a convenor who presides over the proceedings. The convenor is
responsible for ensuring that the mediation is conducted fairly, efficiently,
and in accordance with legal procedures. Decisions during mediation are
generally made by majority vote, and in the event of a tie, the presiding
member (convenor) has a casting vote in addition to their deliberative vote.
This provision prevents deadlocks and ensures disputes are resolved
effectively. Once a settlement is reached, the Tribunal is required to record
the order of mediation immediately. This record provides legal documentation
for enforcement, future reference, and accountability, ensuring that the
mediation outcome is transparent and binding on the parties. Overall, the
procedure is designed to promote fair, inclusive, and enforceable dispute
resolution at the ward level.
13. What is the procedure when one party
fails to appear after being served?
The Tribunal may proceed ex parte,
adjourn, or issue appropriate orders depending on the circumstances and proof
of service.
14. What happens if parties to a dispute
are not satisfied with the decision of the Village Land Council?
According to Section 62 of the Village
Land Act [Cap. 114 R.E. 2023], if any party does not accept the
conclusion of mediation by the Village Land Council, or wishes to stop
using its services, the dispute may be referred to a court or tribunal
having jurisdiction over the matter. The institutions vested with exclusive
jurisdiction to hear and determine land disputes include:
1.
The
Village Land Council (initial mediation);
2.
The
Ward Tribunal;
3.
The
District Land and Housing Tribunal;
4.
The
High Court; and
5.
The
Court of Appeal of Tanzania.
This ensures that disputes unresolved at
the village level can be formally adjudicated in the proper hierarchical
structure of land dispute resolution.
15. What is the difference between civil
court proceedings and Tribunal proceedings?
Tribunal proceedings are less formal,
faster, and guided by the Land Disputes Courts Act, unlike civil proceedings, which follow the Civil Procedure Code.
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