Article Index
Page 8 of 9
7. Summary of Challenges, Gaps, Conflicts and Duplications
- There is limited co-ordination at the MLUD and district based institutions there is a danger that the centre will attempt to take on too much, or that local governments and other local institutions will not be empowered enough to fulfill their roles effectively.
- There is limited public awareness about land policies and laws. Most people especially in the rural areas do not under land policies and laws and their implications;
- There are several institutions created under the law but not operational. For example the Land Fund and land tribunals;
- There is lot of political interference that affect implementation of the laws by taking populist decisions.
- There is inadequate policy and law at the local levels, there no laws made at the local levels to implement the main acts.
- A number of other land-related laws are in need of review and up-dating in order to harmonise them with the provisions of the Constitution and Land Act and to meet current needs. For example, the Survey Act, the Registration of Titles Act (which is currently based on the Torrens system of registration, setting out lengthy and difficult procedures for the acquisition of certificates of titles), the Land Acquisition Act (which is currently inconsistent with Constitutional requirements for compensation for land acquired by government and could cause difficulties in acquiring land for redistribution to tenants);
- The heaviest burden of implementation lies with the local governments. These local governments have serious capacity short falls. Districts are likely to be unable to recruit qualified technical staff for District Land Offices and therefore unable to perform adequately the support services necessary for many aspects of land reform; and
- There are effective dispute resolution institutions especially for disputes on customary land.