**3.4.1 Dispute settlement mechanisms for Himo SACCOS**

Remarkable mechanism appears to have been established by Himo SACCOS in resolving disputes. Common disputes observed are connected with the Loan Repayments. When members fail to repay is when things starts to come to a collision course. The established processes include;


In the whole process, nowhere the court of law is being involved. This seems to be detrimental for the cooperative organization development in terms of ensuring cost recovery once the member borrows. This also happens in land use planning process, as no where the court can be involved in the process of land use planning unless there is a conflict between subordinates. This act as a disincentive to community and or association members who are motivated and joined together to improve their settlement and income levels of their residents and therefore improve township productivity.

#### **3.4.2 Conflicts related to selling member properties within Himo SACCOS**

One of the conditions for accessing a loan from Himo SACCOS and other cooperatives in Tanzania and elsewhere include being an active member who contribute shares, pay fees,

Cooperative Development and Land Use Planning Dynamics in Sub-Saharan Africa:

**planning process in the neighbourhoods** 

**Inclusion of village areas into planning boundaries** 

one of the reasons being high interest rate and numerous exorbitant fees of banks.

challenges and conflicts, which deterred its effectiveness as explained hereunder.

despite the instructions given by the District Council to stop doing so.

**Protest against expansion of boundaries of the planning area** 

**The ''fear'' of getting urbanized** 

A Quest for Socio Solidarity Economy and Partnership in Sustainable Urban Development 267

through member contribution seems to be an important element to enhance sustainability of the microfinance institution to ensure it makes profit. The borrowing from Banks is a disincentive for ensuring cooperative development and sustainability so as to make surplus

**3.4.3 Nature and sources of land use change, land tenure conflicts based on land use** 

Urban planning process among other things, aims to ensure equitable utilization of land, increase city productivity and creating a livable and safe city. The process involves production of land use plan as an output to guide urban development and investment processes through having planned neighbourhoods. The process involves land use planning, cadastral survey, and infrastructure provision and land registration. The formal granted rights of occupancy ensure land safety and security for landholders who want to use the property to access financial benefits. The land planning process in Himo settlement encountered various

When the planning boundaries for Himo township were established in 1986, some villages which were registered, under the Village and Ujamaa Villages Registration Act of 1975 in Tanzania, were engulfed into the planning area. Prior to this plan these villages had administrative authorities and the land allocation and control vested with Village Authorities who were entitled to decide about land questions including subdivision and allocation. Kitotoloni villagers are among the ones engulfed into the planning area. Given that during preparation of layout plans for this area, there was no explanation on how the villagers would be incorporated into urban fabric, including compensation for their land, most landholders resisted land use planning process and have continued parceling land for selling or allocation to their families and clans. They are also erecting permanent buildings

The villagers protested against the planning intervention. This protest manifested itself as a conflict, which led into residents appealing in the court of law, seeking help for their land that has been changed from agricultural to residential. The court of law has issued stop order from planning and surveying of plots till when consensus will be reached. The conflict has become an obstacle to the council's attempts to regulate land use change in Himo township fringes,

In the discussions with landholders (88% of the total respondents), they said that they are not opposing their farms to be part of urban area, however they were unhappy about the decision because of uncertainty about their lives in the changing social and economic setting of an urban environment. Government officials promised that each landholder whose land will be taken would be given first priority in allocation of new plots and be compensated. The landholders were not satisfied with this promise as they knew that once an area has been declared an urban area, the use of land will change to housing, institutions, and other uses. They also knew that parceling the land into residential plots will cause change of

especially in Kitotoloni village that have been included in the township boundaries.

actively participates in the business of the organization, attend meetings and share ideas on the development of the organization. The member also must have some guarantors who know him/her in terms of properties he/she owns. These properties may be sold as payback once the member fails to recover the loan. The common properties which most of the cooperative members use as mortgage include land, house and other material goods such as vehicles. Once the member request for a loan is accepted, the loan agreement is drawn and signed by both parties.

The nature of the conflict occurred in Himo SACCOS is between the organization and one member, Mr. Emmanuel. S. Mvungi, who entered a loan repayment agreement in which he mortgaged his house. The appellant borrowed a total of Tsh.5, 000,000 million (3340 USD) from the Himo SACCOS on 12th May 2009 for two years recovery period agreement. The condition set for loan recovery was to adhere on monthly repayment schedule. The appellant after receiving the loan he did not respond to any loan repayment as agreed in the contract. The organization management reminded him in various occasions by both orally and written notices. He either ignored and/or refused to payback the money.

On 4th April 2010, after serving three notices to the member, the Himo SACCOS contacted Visionary Auction Mart Broker popularly known as Majembe Auction Mart to help the organization to recover the cost. The Broker sent two notices of 14 days and later of 30 days. These attempts of the Broker to serve the notices fell on deaf ears and the member did neither appear nor respond to these notices. While the Majembe Auction Mart prepared to go to sell the mortgaged house as by law to recover the loan borrowed, they received an exparte interim order No.96 of 2010 dated 15th of June, 2010 restricting the action to be taken from *The District Land and Housing Tribunal of Kilimanjaro at Moshi.*

The member after filing the case in the District Land Tribunal, prayed for not auctioning the mortgaged house to settle the loan amount instead he requested for more to pay slowly as he gets the money. In this respect no explanation was given where and how he spent the money received from the Himo SACCOS. The Himo SACCOS was in favour of interest of justice to see that the loan is repaid back so that the organization can be able to assist and extend the loan to other needy people rather than leaving the money with the applicant who is not ready on his volition to pay back the loan. The total amount to be covered included loan 5,545,200 with penalty addition and for Broker fee amounted to TShs 554,020 excluding other costs payable such as Transport fee which merit to TShs 15,000/=. Up to June 2011, the case still under the District Land and Housing Tribunal in Moshi waiting for decision to be made for the parties.

The study shows that the Housing property, which is mortgaged as collateral was constructed on informal land which is owned under customary land tenure. The informal land property owned under customary law in practice has less value when compared to the formal right of occupancy recognized in legal framework. The market value of this mortgaged house on informal land determined by the broker could have been more valuable if land use planning was carried land registered. Likely, training on land laws to cooperative leaders and members was lacking to enable member knowledge on issues of land and housing property mortgages and its implications once opted to use as collateral for financial access. Training in property rights and collateral determination can be an important vehicle for enhancing cooperative development. However, capital accumulation through member contribution seems to be an important element to enhance sustainability of the microfinance institution to ensure it makes profit. The borrowing from Banks is a disincentive for ensuring cooperative development and sustainability so as to make surplus one of the reasons being high interest rate and numerous exorbitant fees of banks.

### **3.4.3 Nature and sources of land use change, land tenure conflicts based on land use planning process in the neighbourhoods**

Urban planning process among other things, aims to ensure equitable utilization of land, increase city productivity and creating a livable and safe city. The process involves production of land use plan as an output to guide urban development and investment processes through having planned neighbourhoods. The process involves land use planning, cadastral survey, and infrastructure provision and land registration. The formal granted rights of occupancy ensure land safety and security for landholders who want to use the property to access financial benefits. The land planning process in Himo settlement encountered various challenges and conflicts, which deterred its effectiveness as explained hereunder.

### **Inclusion of village areas into planning boundaries**

266 Urban Development

actively participates in the business of the organization, attend meetings and share ideas on the development of the organization. The member also must have some guarantors who know him/her in terms of properties he/she owns. These properties may be sold as payback once the member fails to recover the loan. The common properties which most of the cooperative members use as mortgage include land, house and other material goods such as vehicles. Once the member request for a loan is accepted, the loan agreement is

The nature of the conflict occurred in Himo SACCOS is between the organization and one member, Mr. Emmanuel. S. Mvungi, who entered a loan repayment agreement in which he mortgaged his house. The appellant borrowed a total of Tsh.5, 000,000 million (3340 USD) from the Himo SACCOS on 12th May 2009 for two years recovery period agreement. The condition set for loan recovery was to adhere on monthly repayment schedule. The appellant after receiving the loan he did not respond to any loan repayment as agreed in the contract. The organization management reminded him in various occasions by both orally

On 4th April 2010, after serving three notices to the member, the Himo SACCOS contacted Visionary Auction Mart Broker popularly known as Majembe Auction Mart to help the organization to recover the cost. The Broker sent two notices of 14 days and later of 30 days. These attempts of the Broker to serve the notices fell on deaf ears and the member did neither appear nor respond to these notices. While the Majembe Auction Mart prepared to go to sell the mortgaged house as by law to recover the loan borrowed, they received an exparte interim order No.96 of 2010 dated 15th of June, 2010 restricting the action to be taken

The member after filing the case in the District Land Tribunal, prayed for not auctioning the mortgaged house to settle the loan amount instead he requested for more to pay slowly as he gets the money. In this respect no explanation was given where and how he spent the money received from the Himo SACCOS. The Himo SACCOS was in favour of interest of justice to see that the loan is repaid back so that the organization can be able to assist and extend the loan to other needy people rather than leaving the money with the applicant who is not ready on his volition to pay back the loan. The total amount to be covered included loan 5,545,200 with penalty addition and for Broker fee amounted to TShs 554,020 excluding other costs payable such as Transport fee which merit to TShs 15,000/=. Up to June 2011, the case still under the District Land and Housing Tribunal in Moshi waiting for decision to be

The study shows that the Housing property, which is mortgaged as collateral was constructed on informal land which is owned under customary land tenure. The informal land property owned under customary law in practice has less value when compared to the formal right of occupancy recognized in legal framework. The market value of this mortgaged house on informal land determined by the broker could have been more valuable if land use planning was carried land registered. Likely, training on land laws to cooperative leaders and members was lacking to enable member knowledge on issues of land and housing property mortgages and its implications once opted to use as collateral for financial access. Training in property rights and collateral determination can be an important vehicle for enhancing cooperative development. However, capital accumulation

and written notices. He either ignored and/or refused to payback the money.

from *The District Land and Housing Tribunal of Kilimanjaro at Moshi.*

drawn and signed by both parties.

made for the parties.

When the planning boundaries for Himo township were established in 1986, some villages which were registered, under the Village and Ujamaa Villages Registration Act of 1975 in Tanzania, were engulfed into the planning area. Prior to this plan these villages had administrative authorities and the land allocation and control vested with Village Authorities who were entitled to decide about land questions including subdivision and allocation. Kitotoloni villagers are among the ones engulfed into the planning area. Given that during preparation of layout plans for this area, there was no explanation on how the villagers would be incorporated into urban fabric, including compensation for their land, most landholders resisted land use planning process and have continued parceling land for selling or allocation to their families and clans. They are also erecting permanent buildings despite the instructions given by the District Council to stop doing so.

#### **Protest against expansion of boundaries of the planning area**

The villagers protested against the planning intervention. This protest manifested itself as a conflict, which led into residents appealing in the court of law, seeking help for their land that has been changed from agricultural to residential. The court of law has issued stop order from planning and surveying of plots till when consensus will be reached. The conflict has become an obstacle to the council's attempts to regulate land use change in Himo township fringes, especially in Kitotoloni village that have been included in the township boundaries.

#### **The ''fear'' of getting urbanized**

In the discussions with landholders (88% of the total respondents), they said that they are not opposing their farms to be part of urban area, however they were unhappy about the decision because of uncertainty about their lives in the changing social and economic setting of an urban environment. Government officials promised that each landholder whose land will be taken would be given first priority in allocation of new plots and be compensated. The landholders were not satisfied with this promise as they knew that once an area has been declared an urban area, the use of land will change to housing, institutions, and other uses. They also knew that parceling the land into residential plots will cause change of

Cooperative Development and Land Use Planning Dynamics in Sub-Saharan Africa:

rights and interests on the basis of which a plan would be prepared.

financial betterment towards national growth and poverty reduction efforts?

*existing one has fallen into somebody's plot''.* 

**Conflicts during cadastral survey processes** 

did to those holding such rights.

**use change** 

A Quest for Socio Solidarity Economy and Partnership in Sustainable Urban Development 269

This implies that there were no proper updating of base maps to plot existing property

Some of the conflicts are related to re-negotiation of the customary land ownership in the face of the ignored right of the landholders, in view of social and political changes. The undermining of indigenous tenure arrangements in Himo has resulted in conflicts, which manifest in the clashes between customary and statutory rights. Under the current Land Policy of 1995 in Tanzania one may have access to land through either the granted right of occupancy or by customary right of occupancy. Whereas the former is issued by the head of state or his authorized subordinates, under the later system the law deems customary land owners as lawful occupiers (the deemed right of occupancy). However, since colonial times up to the present the courts have undermined the ''deemed right of occupancy'' under which customary land tenure is based, and upheld the superiority of documentary evidence, title deeds, certificates of occupancy and all the paraphernalia of granted rights of occupancy. This can be critical interpreted that the courts is of the opinion that customary right of occupancy is inferior to the granted right of occupancy once the settlement expanded. This puts more question, how the customary land right will gain status for enabling the urban poor to access

A major conflict, which confronted the surveyor, was the discrepancy between the proposed plot boundaries and actual plot boundaries on the ground. The plot subdivision plan disregarded individual property boundaries and a lot of development had taken place since, contrary to the plan. The planners had not recorded this important aspect of land development during the mapping exercise, because they did not consider land value to be an important issue. The mapping exercise did however not take into account individual property rights, suggesting that such rights did not matter to the planners, although they

The first attempt of surveying plots in the area faced strong resistance from landholders, who teamed up led by their chairman. Many of them didn't know if their land had been planned. This resistance caused the surveyors and land officers to report the issue at Himo Police Station so that they can be guarded. From that day the surveying of plots was done under supervision of the police. Landholders who continued to resist were caught and taken into jail. Some people who are said to have close relationship with land officers had their farms surveyed and given title deeds. Therefore during surveying of plots these farms were not included. This act caused complains as some peoples' land was taken while others were not.

**3.4.4 Community coping strategies, resources and powers to respond on formal land** 

Once the landholders teamed up to fight against their rights on using their land, a total of 2300 U\$ was contributed to facilitate their move. A total of 25% of the contributors were

**Conflicts' arising from the state's undermining of indigenous Tenure arrangements** 

*''.I do not know where these people want us to go. Look, the beacon, had been amounted here separating the main house and a cowshed. Surveyors came to my home and told me that my farm plot has been reduced and therefore I have to find somewhere else to erect a cowshed because the* 

traditional farm boundaries of individual land holdings. What they did not know is how they will survive in a town environment, as they already experienced that certain laws and regulations in town prohibit activities such as free grazing, growing of crops such as maize and bananas. Most of land occupiers depend totally on land for their sustenance. Therefore they know once their land has been turned to urban, they will not have freedom of using it as they desire. In this area, land is used by the owner and children to secure their livelihoods.

The system of compensation suggested by the lands officers and other leaders was not acceptable by most of landholders. The system was that, when the area has already been planned and surveyed, landholders will be given one plot in every acre one possessed. This means that those with one acre will get one plot, those with two acres two plots and those with piece of land which is less than an acre will also be given one plot. However this system didn't specify the size of plots which will be offered. By any means these plots wouldn't be able to support livelihood of these people. Worse enough is that some of the landholders whom their land was planned and surveyed didn't get even a single plot within that piece of land they have possessed. This land was allocated to other persons and when they went to complain they were told that they would be allocated another plot in another area.

One resident whose farm was subdivided into plots didn't get a plot there, instead he was shown a new plot near a quarrying area where he wouldn't be able to practice agriculture as he was used. In his former farm he had planted vegetables and trees of different varieties, and if it was the matter of being given a plot he was supposed to be given first priority. Neither compensation in cash was discussed nor on other properties as promised. One landholder remarks:

*''This arrangement of taking our farms is like some one who has taken your shirt, then he torn it into pieces, then he just gives back to you a collar, will this collar be enough to cover my whole body? From this land I am getting food, I am getting money to settle school fees for my children and other expenditures. Today you are asking me to leave? It is quite impossible, I will kill any one who will happen to take my land and I will also commit suicide''.* 

The corroboration statement was also confirmed by other landholders in Himo settlement. This revealed that landholders had been more or less ignored in the course of preparing the layout plan. Most of the landholders asserted that they had heard about layout planning for the area but they had neither participated in the process nor had the opportunity to air their views. Understandably, the interviewed landholders expressed bitter reservations about the intentions of the Ministry responsible for Lands and Human Settlements and Development to prepare layout plans without involving and considering landholders' rights.

Interviewed landholders (88%) perceived the attempted planning intervention as a threat to expropriate their land. Trust and relationship between the landholders and the local government (especially the district council) are weak and may probably further decline. The majority of those who had been allocated land in newly planned areas in Himo include influential people like businessmen, politicians, middle and upper class public servants, and retired civil servants. This implies that land in the periphery is increasingly being colonized by people who command some form of power, through a conspiracy theory. One landholder remarks:

*''.I do not know where these people want us to go. Look, the beacon, had been amounted here separating the main house and a cowshed. Surveyors came to my home and told me that my farm plot has been reduced and therefore I have to find somewhere else to erect a cowshed because the existing one has fallen into somebody's plot''.* 

This implies that there were no proper updating of base maps to plot existing property rights and interests on the basis of which a plan would be prepared.

#### **Conflicts' arising from the state's undermining of indigenous Tenure arrangements**

Some of the conflicts are related to re-negotiation of the customary land ownership in the face of the ignored right of the landholders, in view of social and political changes. The undermining of indigenous tenure arrangements in Himo has resulted in conflicts, which manifest in the clashes between customary and statutory rights. Under the current Land Policy of 1995 in Tanzania one may have access to land through either the granted right of occupancy or by customary right of occupancy. Whereas the former is issued by the head of state or his authorized subordinates, under the later system the law deems customary land owners as lawful occupiers (the deemed right of occupancy). However, since colonial times up to the present the courts have undermined the ''deemed right of occupancy'' under which customary land tenure is based, and upheld the superiority of documentary evidence, title deeds, certificates of occupancy and all the paraphernalia of granted rights of occupancy. This can be critical interpreted that the courts is of the opinion that customary right of occupancy is inferior to the granted right of occupancy once the settlement expanded. This puts more question, how the customary land right will gain status for enabling the urban poor to access financial betterment towards national growth and poverty reduction efforts?

#### **Conflicts during cadastral survey processes**

268 Urban Development

traditional farm boundaries of individual land holdings. What they did not know is how they will survive in a town environment, as they already experienced that certain laws and regulations in town prohibit activities such as free grazing, growing of crops such as maize and bananas. Most of land occupiers depend totally on land for their sustenance. Therefore they know once their land has been turned to urban, they will not have freedom of using it as they desire. In this area, land is used by the owner and children to secure their

The system of compensation suggested by the lands officers and other leaders was not acceptable by most of landholders. The system was that, when the area has already been planned and surveyed, landholders will be given one plot in every acre one possessed. This means that those with one acre will get one plot, those with two acres two plots and those with piece of land which is less than an acre will also be given one plot. However this system didn't specify the size of plots which will be offered. By any means these plots wouldn't be able to support livelihood of these people. Worse enough is that some of the landholders whom their land was planned and surveyed didn't get even a single plot within that piece of land they have possessed. This land was allocated to other persons and when they went to complain

One resident whose farm was subdivided into plots didn't get a plot there, instead he was shown a new plot near a quarrying area where he wouldn't be able to practice agriculture as he was used. In his former farm he had planted vegetables and trees of different varieties, and if it was the matter of being given a plot he was supposed to be given first priority. Neither compensation in cash was discussed nor on other properties as promised. One

*''This arrangement of taking our farms is like some one who has taken your shirt, then he torn it into pieces, then he just gives back to you a collar, will this collar be enough to cover my whole body? From this land I am getting food, I am getting money to settle school fees for my children and other expenditures. Today you are asking me to leave? It is quite impossible, I will kill any* 

The corroboration statement was also confirmed by other landholders in Himo settlement. This revealed that landholders had been more or less ignored in the course of preparing the layout plan. Most of the landholders asserted that they had heard about layout planning for the area but they had neither participated in the process nor had the opportunity to air their views. Understandably, the interviewed landholders expressed bitter reservations about the intentions of the Ministry responsible for Lands and Human Settlements and Development

Interviewed landholders (88%) perceived the attempted planning intervention as a threat to expropriate their land. Trust and relationship between the landholders and the local government (especially the district council) are weak and may probably further decline. The majority of those who had been allocated land in newly planned areas in Himo include influential people like businessmen, politicians, middle and upper class public servants, and retired civil servants. This implies that land in the periphery is increasingly being colonized by people who command some form of power, through a conspiracy theory. One

they were told that they would be allocated another plot in another area.

*one who will happen to take my land and I will also commit suicide''.* 

to prepare layout plans without involving and considering landholders' rights.

livelihoods.

landholder remarks:

landholder remarks:

A major conflict, which confronted the surveyor, was the discrepancy between the proposed plot boundaries and actual plot boundaries on the ground. The plot subdivision plan disregarded individual property boundaries and a lot of development had taken place since, contrary to the plan. The planners had not recorded this important aspect of land development during the mapping exercise, because they did not consider land value to be an important issue. The mapping exercise did however not take into account individual property rights, suggesting that such rights did not matter to the planners, although they did to those holding such rights.

The first attempt of surveying plots in the area faced strong resistance from landholders, who teamed up led by their chairman. Many of them didn't know if their land had been planned. This resistance caused the surveyors and land officers to report the issue at Himo Police Station so that they can be guarded. From that day the surveying of plots was done under supervision of the police. Landholders who continued to resist were caught and taken into jail. Some people who are said to have close relationship with land officers had their farms surveyed and given title deeds. Therefore during surveying of plots these farms were not included. This act caused complains as some peoples' land was taken while others were not.

#### **3.4.4 Community coping strategies, resources and powers to respond on formal land use change**

Once the landholders teamed up to fight against their rights on using their land, a total of 2300 U\$ was contributed to facilitate their move. A total of 25% of the contributors were

Cooperative Development and Land Use Planning Dynamics in Sub-Saharan Africa:

**3.5 Urban farming, land use planning and cooperative nexus and emerging** 

Implementing land use planning requires contribution and partnership in terms of cost sharing. The costs here involves payment for consultancy services, labour, materials and those leaders who will be making follow-up in land use plan approval procedure. All these costs are community shared and require commitment and transparence in its use. In regard to co-operatives, the organizations in most cases aim at cost minimization. The members try their level best to ensure that costs are at lowest and equal opportunities are given to members. This forms a similarity when trying to link land use planning process and cooperative development and sustainability when the question of cost is at the central focus of all the two in mutuality and friendly manner. However, decisions in both fields are taken in collaboratively though the initiation differs as per policy and guidelines in place in

Urban land use planning is guided by Urban Planning Act of 2007 and Land use Planning Act of 2006. These legal instruments exclude urban farming as it requires attention in its management. However, the case study shows people get organized and use peri-urban areas for subsistence farming. Gardening and household yards are common. Vegetables farming in plots and off-plots were also noted to be dominant. These activities were found to be conducted in unplanned and un-serviced land, where it becomes cheaply undertaken by the government once land is needed for public development or for any land use alternative development including housing or other investment needs. A group of farmers who had formed an association for using irrigation system were negatively affected as the

In fact, once someone's lands is taken, she/he drifts to lower levels of poverty since the property she/he depends on has been taken. In addition, cooperatives associations in forms of SACCOS found difficulties to establish the value of unplanned land and with no title deeds. Likely, group associations found that after land deprivation they declined economically and found themselves poorer and the shifting to peri-urban and rural areas became an apparent feature. However, urbanisation process is accompanied with expansion of the city boundary, which engulfs peri-urban land, resulting into decreasing land used for farming. Lack of land designated for cooperative development in urban planning practise is hindering cooperative effectiveness and their level of productivity. Increasing interaction of smallholder farmers and

subsequently conflicts arise.

Tanzania and other Sub-Saharan African Countries.

land they used to farm was taken by government for public interest.

**challenges** 

A Quest for Socio Solidarity Economy and Partnership in Sustainable Urban Development 271

**Central Government (MLHSD), Local government (District Council), Ward and Sub-Ward administration, Sub-ward development committees, policy and Courts of law.** 

These institutions are among others responsible for land use plan preparation; follow up on the different land use plans in the area, policy formulation and enforcement including Ministry responsible for planning and local government. Other responsibilities include conflict management related to land development in the country mitigated by police and the courts of law. The performance of these institutions is shaped by social and physical contexts, but the observed outcomes are also influenced by the formal system. A land dispute, which could be solved by a local institution, in short time can take several months or years when this issue is handled with the courts of law. This institutional characteristic in practice appears discouraging local communities to engage in land use planning and

female households, which shows the importance of gender consideration in land use planning. The action of landholders appears to build strength to act against the government and therefore be able to file their case in the court as explained hereunder.

#### **Opening of cases in the court of law**

When people saw that surveying of plots was going on they teamed up and went into the court and filed a case opposing their land being surveyed without their involvement. The plaintiffs were villagers of Kitotoloni the defandant was the district council. In their allegation they said, Kitotoloni village was registered in 1976 as village No. KM/KIJ 334. It had otherwise existed as a village before independence. It owes its origin from land allocations made to parents and grand parents of the plaintiffs by the Chief (Mangi) of Kilema for which each grantee paid customary fee called ''upata''. At the time of allocation the area was forest and bush land. In order to put into use the grantees had to clear the forest and bush and remove stumps, with a lot of efforts and at cost. In supporting the foregoing one landholder states:

*''We were surprised to seeing people coming with their cameras [meaning theodolite] into our land forcing us to move out''.* 

The court went ahead and issued a stop order of surveying and issuing plots. The district council was directed to discuss with the landholders to reach consensus before the exercise resumes. In responding to the court decision, the local authority called for a meeting. In this meeting the landholders wanted to know what exactly the District Council wanted to achieve by expanding the town towards this area. They wanted to be enlightened on how the landholders will benefit from the town's expansion. The question appears to be a common community felt problem that made them work together to defend their customary land right of occupancy.

In addition, it appears that if the benefits of land use planning procedures and allocations could have been clearly explained to landholders by the local authority, eventually there would have been no problem of this magnitude. The fear, inter alia, was striking landholders' minds because they knew that urban regulations prescribe how land should be used and developed, according to certain standards. Until July, 2011, the struggle was still in vain and continued to brew.

### **3.4.5 Roles of different actors in land use planning**

Stakeholders involved and their linkages with various stakeholders involved in the land use planning, implementation and arbitration of land disputes in Himo settlement are numerous.

#### **Ten cell leaders, committee members and landholders:**

These stakeholders have been involved in land subdivision and transactions, transfer of land rights, and conflict resolution. Eventually there are land conflicts in Himo relating to farm boundaries, use of canal water, blockage of footpaths and even double selling of the same plot. While Himo is changing from rural to urban, buildings worth millions of shillings have been erected. This suggests that investors, including landholders, have confidence in the informal institutions, which have facilitated property transactions and are safeguarding individual rights as a social solidarity economy. These buildings are being erected in the area which has been declared to be a planning area ripe for urban development.

female households, which shows the importance of gender consideration in land use planning. The action of landholders appears to build strength to act against the government

When people saw that surveying of plots was going on they teamed up and went into the court and filed a case opposing their land being surveyed without their involvement. The plaintiffs were villagers of Kitotoloni the defandant was the district council. In their allegation they said, Kitotoloni village was registered in 1976 as village No. KM/KIJ 334. It had otherwise existed as a village before independence. It owes its origin from land allocations made to parents and grand parents of the plaintiffs by the Chief (Mangi) of Kilema for which each grantee paid customary fee called ''upata''. At the time of allocation the area was forest and bush land. In order to put into use the grantees had to clear the forest and bush and remove stumps, with a lot of efforts and at cost. In supporting the

*''We were surprised to seeing people coming with their cameras [meaning theodolite] into our* 

The court went ahead and issued a stop order of surveying and issuing plots. The district council was directed to discuss with the landholders to reach consensus before the exercise resumes. In responding to the court decision, the local authority called for a meeting. In this meeting the landholders wanted to know what exactly the District Council wanted to achieve by expanding the town towards this area. They wanted to be enlightened on how the landholders will benefit from the town's expansion. The question appears to be a common community felt problem that made them work together to defend their customary

In addition, it appears that if the benefits of land use planning procedures and allocations could have been clearly explained to landholders by the local authority, eventually there would have been no problem of this magnitude. The fear, inter alia, was striking landholders' minds because they knew that urban regulations prescribe how land should be used and developed, according to certain standards. Until July, 2011, the struggle was still in

Stakeholders involved and their linkages with various stakeholders involved in the land use planning, implementation and arbitration of land disputes in Himo settlement are numerous.

These stakeholders have been involved in land subdivision and transactions, transfer of land rights, and conflict resolution. Eventually there are land conflicts in Himo relating to farm boundaries, use of canal water, blockage of footpaths and even double selling of the same plot. While Himo is changing from rural to urban, buildings worth millions of shillings have been erected. This suggests that investors, including landholders, have confidence in the informal institutions, which have facilitated property transactions and are safeguarding individual rights as a social solidarity economy. These buildings are being erected in the area which has

and therefore be able to file their case in the court as explained hereunder.

**Opening of cases in the court of law** 

foregoing one landholder states:

land right of occupancy.

vain and continued to brew.

**3.4.5 Roles of different actors in land use planning** 

**Ten cell leaders, committee members and landholders:** 

been declared to be a planning area ripe for urban development.

*land forcing us to move out''.* 

#### **Central Government (MLHSD), Local government (District Council), Ward and Sub-Ward administration, Sub-ward development committees, policy and Courts of law.**

These institutions are among others responsible for land use plan preparation; follow up on the different land use plans in the area, policy formulation and enforcement including Ministry responsible for planning and local government. Other responsibilities include conflict management related to land development in the country mitigated by police and the courts of law. The performance of these institutions is shaped by social and physical contexts, but the observed outcomes are also influenced by the formal system. A land dispute, which could be solved by a local institution, in short time can take several months or years when this issue is handled with the courts of law. This institutional characteristic in practice appears discouraging local communities to engage in land use planning and subsequently conflicts arise.

#### **3.5 Urban farming, land use planning and cooperative nexus and emerging challenges**

Implementing land use planning requires contribution and partnership in terms of cost sharing. The costs here involves payment for consultancy services, labour, materials and those leaders who will be making follow-up in land use plan approval procedure. All these costs are community shared and require commitment and transparence in its use. In regard to co-operatives, the organizations in most cases aim at cost minimization. The members try their level best to ensure that costs are at lowest and equal opportunities are given to members. This forms a similarity when trying to link land use planning process and cooperative development and sustainability when the question of cost is at the central focus of all the two in mutuality and friendly manner. However, decisions in both fields are taken in collaboratively though the initiation differs as per policy and guidelines in place in Tanzania and other Sub-Saharan African Countries.

Urban land use planning is guided by Urban Planning Act of 2007 and Land use Planning Act of 2006. These legal instruments exclude urban farming as it requires attention in its management. However, the case study shows people get organized and use peri-urban areas for subsistence farming. Gardening and household yards are common. Vegetables farming in plots and off-plots were also noted to be dominant. These activities were found to be conducted in unplanned and un-serviced land, where it becomes cheaply undertaken by the government once land is needed for public development or for any land use alternative development including housing or other investment needs. A group of farmers who had formed an association for using irrigation system were negatively affected as the land they used to farm was taken by government for public interest.

In fact, once someone's lands is taken, she/he drifts to lower levels of poverty since the property she/he depends on has been taken. In addition, cooperatives associations in forms of SACCOS found difficulties to establish the value of unplanned land and with no title deeds. Likely, group associations found that after land deprivation they declined economically and found themselves poorer and the shifting to peri-urban and rural areas became an apparent feature. However, urbanisation process is accompanied with expansion of the city boundary, which engulfs peri-urban land, resulting into decreasing land used for farming. Lack of land designated for cooperative development in urban planning practise is hindering cooperative effectiveness and their level of productivity. Increasing interaction of smallholder farmers and

Cooperative Development and Land Use Planning Dynamics in Sub-Saharan Africa:

knowledge, challenging social perceptions and poverty reduction tools.

the values of transparency and accountability.

cooperative development in improving city productivity.

they obtain as a result of their engagement in the sector.

improved city productivity.

A Quest for Socio Solidarity Economy and Partnership in Sustainable Urban Development 273

There is therefore a need to strengthen the capacity of such groups to expand their trading options by scaling up production and applying quality-control standards. To this end, groups are assisted in accessing essential technical services, linking to higher-value markets, forming business alliances and advocating for a favorable regulatory environment for

The potential for large-scale impact embodied in agriculture and financial cooperatives justifies the long-term commitment of resources required to build effective, independent and financially sustainable member organizations. As organizations mature, they generally expand their operations–diversifying products and services, branching into new geographic areas and addressing social concerns such as illiteracy, gender inequity or HIV/AIDS. Cooperatives play a significant role in nurturing the next generation of community leaders, and, with their extensive member networks, they are ideal vehicles for transferring

In democratically run, member-owned organizations, smallholder farmers and small-scale business owners learn participatory decision making and develop ways to resolve conflicts. They enables members to demand accountability of elected leaders, present their views in public, claim ownership of the local political process, and on a daily basis they demonstrate

The study shows that local community participation is important towards enabling residents in urban centers to come together and fight for their right of securing tenure system for improving small scale farmers' productivity as a response to food insecurity. However, linkages, synergy and partnerships in view to participation process and contribution of different resources appears to be an important ingredient in enhancing local community involvement in securing land tenure and therefore safeguard urban environment. Roles of different actors including the central government, local government and other planning and development institutions need to be clear and therefore contributory to enabling local community initiated project such as land use planning, cadastral survey and land registration to be implemented effectively and efficiently. This may be the case in most Sub Saharan African countries, where the need for having planned and secured formal landownership to residents is high in urban development agenda.

The economic characteristics entail how do they operate efficiently and attain high profit to cover operating costs as well as operate at low economic costs. In view of the social characteristics, all of them must involve people in its operations, must be competitive in the market economy, must have adequate capital investment from the membership and finally must be managed democratically, which shows the role of land use planning and

The future outlook of cooperative and land use planning process should be based on community-centred and market-driven approach. Member-owned groups should increase their members' incomes, either directly, for example through bulk input purchases and collective marketing, or indirectly, such as through policy and advocacy initiatives. Members are motivated to participate in group activities because of profits and or benefits

To move in the right direction, the Government may also prepare a transparent strategy for rebuilding the co-operative movement involving other interested parties like NGOs and

Savings and Credit Cooperative organisations guarantee members' access to the city economy, in terms of capital outsourcing from relatives and friends, labour and exchange of goods and services, and strong communication action are common features, that triggers the transformation need of cooperative development and land use planning change in urban development. Thus, guiding urban development through proper land use planning is essential to ensure the increased urban investment, making a social justice city and therefore reduce poverty among urban residents to implement the urban development agenda.
