Why Planning Does Not Work. Land Use Planning and Residents� Rights in Tanzania

Jonas Nnkya

Description

Lack of transparency and accountability in the planning practice allow for misuse and abuse of the planning system to serve the interests of the more powerful and influential groups, including those entrusted with the powers of planning. The outcomes of a non-inclusive, non-transparent and insensitive planning include: insecurity of land tenure rights and subsequently investments in land; poverty; informal land subdivision and building; unplanned spatial growth and endless conflicts in land development. These are detrimental to the residents and erode their trust and confidence in the government. It takes an organized, informed, confident and courageous group of residents or community to reject the non-inclusive form of planning and cause adoption of inclusive and collaborative planning that allows them space in the planning process. The achievement of such an organized group ? a turn towards democratic planning practice ? leads to a conclusion that informed, organized, confident and courageous civil society is a pillar of democracy. This book therefore argues that ineffective planning results, among other things, from defective land policy and legislation, and planning inability to recognize and make use of opportunities for shaping the built environment.

Informations

• Publié par: Mkuki na Nyota Publishers
• Date de parution: 15 octobre 2007
• Nombre de lectures: 1
• EAN13: 9789987081097
• Langue: English
• Poids de l'ouvrage: 12 Mo

Extrait

TUMSIFU JONAS NNKYA

WHY PLANNING DOES NOT WORK?

Land-Use Planning and Residents’ Rights in Tanzania

First published 2007

Mkuki na Nyota Publishers P.O. Box 4246 Dar es Salaam Tanzania

© Tumsifu Jonas Nnkya

ISBN: 978 9987 449 68 2

Distributed worldwide outside N. America by African Books Collective PO Box 721, Oxford OX1 9EN, UK www.africanbookscollective.com, [e-mail] Tel: [phone]

Distributed in North America by Michigan State University Press 1405 South Harrison Road, Suite 25 Manley Miles Building East Lansing, MI 488235245, USA www.msupress.msu.edu, [e-mail] Tel: [phone]

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without the written permission of the copyright holder or the publisher.

Contents

Preface List of Figures List of Plates

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Introduction

The Moshi Master Plan Urban and Regional Development Strategy in the 1970s Preparation of the Master Plan Presentation of the Draft Plan and the Actors Involved Assumptions, Objectives and Policies Approval of the Plan and Early Doubts on Its Efficacy Summary

Adoption of the Plan Expansion of the Town Administrative Boundary Protests by the Excluded Stakeholders The First Major Drawback Summary

For the Sake of a Good Plan Msaranga Settlement Residents’ Meaning of Land Preparation of the Plan Survey of Plots Efforts to Discontinue Survey of Plots Summary

Protests against the “Good Plan” Establishment of Residents’ Committee Seeking Legal Advice

vii xi xiii

1

11

13 18

27 28

32 36

39 40 43 48 50

53 55 56 60 64 69 73

77 80 84

iv Contents

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Political–Administrative Persuasion Summary

The Council is Charged with Trespass The Complaint Hearing and Ruling of the Application for Court Injunction Summary

Suppression of Conflicts Impeachment of the Msaranga Chairman A New Strategy to Facilitate the Stalled Plots Survey Banned from Leadership for Sixty Months Help Is Sought from the President Hearing of the Main Legal Suit against the Council Adding Salt to a Wound: Valuation for Property Tax Quest for Survey Permission Departure of the Plaintiff’s Counsel Summary

Retreat to the Lawful Planning Area Attempt to Regularize Miembeni and Mji Mpya Settlements Response to Chaos Caused by Creation of Plots Summary

A Strategy to Safeguard Land Rights Longuo Settlement Invitation to Planners The Councilor’s First Agenda Planning without Planners Summary

The Planners’ Response Planning without Residents Approval of the Planners’ Plan

86 94

95 96

101 106

109 109

112 113 117

120

123 126 128 130

133

133 142 146

151 152 160 167 169 175

177 177 185

Chapter 11

Chapter 12

Chapter 13

Chapter 14

The “Cynic Planner” Summary

Contents v

Rationalization of Change of Use Moves to Expropriate Land Expropriation of Land for a Psychiatric Institution The Villagers ‘Eye’ the Land Custodians Surrender the Land to Themselves Objection, Counter-Objection and Lobbying Ratification of the Expropriation Plan Summary

Sharing Expropriated Land Attempt to Protect Public Interest The Winner Takes All: Allocation of Plots before Plan Approval “The Little Child”: “Vigogo Wapora Ardhi ya Vichaa” Re-writing History: It Was Zoned for a Regional Hospital Summary

In the Name of Employment Creation Revocation of Land Rights of a Public Institution Ratification of the Change of Use and Reallocation Objection by the First Holder The Planner in a Dilemma Approval of the Change of Use Summary

Guilty of Illegal Practice Changed Political Context Eight Years Later: The Suit Was Wrongly Filled in the High Court Agreeing on the Issue to Be Determined Was the Boundary Expansion Lawful or Unlawful? Was the Master Plan Lawful or Unlawful?

192 197

201 201

203 205 206 210 215 218

221 221

225 229

231 233

237

238

240 243 248 249 250

253 253

257 261 265 269

vi Contents

Chapter 15

Chapter 16

Planners Denounce the Master Planning Approach Summary

Making Planning Work The Sustainable Cities Programme The Sustainable Moshi Programme Improving Information Prioritization of Issues, Negotiation of Strategies, Formulation and Implementation of Action Plans Summary

Exclusion, Insensitivity to Land Rights and Land Value as Sources of Ineffectiveness of Planning Planning as a Platform for Power Struggles Over the Disregarded Land Value Defective Land Policy and Legislation as the Context for Insensitive Planning Exclusion of the Residents in Disregard of the Law Rational Comprehensive and Technocratic Planning Model Strong Civil Society as a Pillar of Democracy

Notes and References

270 272

275 276 279 282

283 288

291

294

301 306

309 313

317

Preface

This is one of two books, a product of research on urban planning practice in Tanzania over the past three decades. The research and publications are funded by the Danish International Development Agency (DANIDA)’s programme of Enhancement of Research Capacity (ENRECA). The present book provides a detailed account of how the Tanzanian land-use planning system was put to work in the con- text of public land-ownership policy; one party political–administrative system and centrally planned economy. Though the public land owner- ship policy has remained unchanged, certain features of the policy, with implications for land-use planning, have changed. Likewise, over the past two decades multi-party political system and market economy have replaced the single-party political system and command economy, re- spectively. The second book will provide an account of changes that have taken and continue to take place in the planning practice under the political pluralism and liberal economy. Tanzania like many other developing countries is experiencing rapid urbanization in a situation of very limited capacities to cope with the requirements arising thereof. Under the circumstances, urban growth is taking place increasingly unguided, regardless of the planning efforts to ensure managed urban spatial change. In an attempt to establish what underpins the apparent ineffectiveness of planning, the present book which is based on case method and narratives of practice stories, explores how the Tanzanian land-use planning system was put to work. It is shown that planning proceed was dominated by planners among other technocrats, excluded or inadequately involved those affected by planning decisions and disregarded their land rights as well as other interests in a place. In doing so, planning created insecurity of land tenure and investments in land, undermining people’s initiatives to improve their living conditions and eventually eradicate poverty. In the context of the public landownership policy, planning decisions were based on a notion that land had zero exchange value, and the government as the main developer and provider. This contributed to insensitivity to land rights and exclusion of those affected by planning

viii Preface

in the decision-making. The case demonstrates that planning is both a technical and a political interactive process involving planners as well as other actors in the political–administrative and judicial systems. The decisions by the actors are not neutral, but influenced by,inter alia, their self-interests which are sometimes pursued in the planning system at the expense of the society at large. This was done by rationalizing such decisions and actions whose outcomes include loss of trust and confi- dence in the government. The form of planning that has been in prac- tice is identified as technocratic, prescriptive, and non-inclusive. It is shown that an attempt to redress the ineffectiveness of planning has ushered to an initiative towards collaborative and inclusive form of planning. The initiative is beginning to make planning work and play its role in guiding spatial and environmental change for sustainable development. This outcome is likely to improve image of the planners and planning as well as restore credibility of the government. The changes in the planning practice are being monitored and docu- mented as inputs to the second book. I wish to thank the Danish International Development Agency (DANIDA) for funding the research on which this book and the forth- coming one is based. Different people have contributed in various ways and encouraged me to publish the present book. I would like to thank them all and mention the following persons: Jorgen Andreasen of the Royal Danish Academy of Fine Arts, Bent Flyvbjerg of Aalborg University, Patsy Healey of University of New Castle Upon Tyne, and Vanessa Watson of University of Cape Town. Andreasen brought me in contact with DANIDA 25 years ago when I first arrived in Denmark for postgradu- ate studies. We have since collaborated in postgraduate training and research on human settlements development and planning. Flyvbjerg is my mentor in the use of case method and narratology in planning research. He continues to inspire my understanding of the question of power in decision-making. I thank him most sincerely for this capacity that has in turn enabled me to build the capacity of my colleagues and students during the past 10 years. Besides their encouragement to pub- lish this book, Patsy and Vanessa continue to shape my understanding of planning theory. The case story is a result of responses I got from the many respon- dents I interviewed and re-interviewed, various documents I analysed, physical observations and interactions I made during the research

Preface ix

period. I am very grateful for the excellent cooperation I got from the respondents and the time they spared to respond to the long inter- views. I should particularly thank the following people: Denis Chuwa, the former Lord Mayor of Moshi Municipal Council; Peniel Macha, the former Party Chairman for Msaranga Ward; Dr. Merinyo Maro; the late Abidinego Kiwelu; and Naftali Ringo. I am also indebted to Lameck Masembejo, the former Head of the Planning Department, now Director of Babati Town Council; Nuru Kinawiro, Ringo; Fatuma Kuyonza; Albert Mwaigomole; Godbless Kimaro; Robert Masanja Kanoni; Alphonce Mwashinga; Shwaibu Semboja; and Alex Poteka. Finally, without the sabbatical leave I got from my employer in 2005 I would have not been able to complete this book in addition to other publications and research activities that were accomplished. In this re- gard my gratitude should go to the management of Ardhi University and the staff at the department of urban and regional planning who shouldered my teaching responsibilities during the leave.