Managing Land for Developing Dodoma , the Capital City of Tanzania . Critical Analysis of the Role of Dodoma Municipal Council and Capital Development Authority

The paper examines critically the role of Dodoma Municipal Council and Capital Development Authority in managing land for developing Dodoma, the capital city of Tanzania. The results indicated that (a) at the grassroots level there is no strong administrative structures of CDA that can allow the people to participate fully in managing land under its responsibility; (b) The DMC is constrained with inadequate manpower, funds, offices and equipments in managing land that is empowered;(c) Low coordination level exists between CDA and DMC in managing land for Dodoma development. The paper makes contribution by providing the following recommendations for enhancing land management for Dodoma:(a) The laws and policies have to be revised in the line of clearly defining the responsibilities of each of the two institutions in managing land in Dodoma; (b) There is a need to strengthen coordination between the two institutions so that the CDA can use the administrative structures of the DMC at the grassroots level.(c) Capacity building has to be enhanced to DMC and CDA by providing with skilled and enough manpower, funds, equipments and offices.(d) Other institutions such as the Ministry of Lands, Housing and Human Settlements Development have to be fully involved in land administration in Dodoma capital city.


Introduction
In the process of urban development of Tanzania particularly post independence phase a decision for Dodoma to become a new capital city was made in 1973. Tanganyika African National Union (TANU), the then political party in Tanzania made the decision.
The transforming Dodoma into the capital and international city has been carried out by two main institutions. One is the Capital Development Authority (CDA) which was established through the Government Notice No 230 of 12 th October 1973under Parastatal Act of 1969 with its amendment in 1992. Capital Development Amendment Order of 2001extended the tenure of the CDA in developing Dodoma the capital city of Tanzania. The Authority has been developing the capital through Capital Transfer Programme. The Authority uses the decentralization by deconcentration form to manage land and its associated urban development activities in Dodoma. It has been using such form since its establishment in 1973 when the Local Government System in Tanzania was abolished. This form of management practiced by CDA entails extending its centralized administrative structure down to the grassroots without adequately represented by the people. The structure of administration composes of the Director General who is heading the day to day operation of the Authority with Directors of the following five departments: (1) Finance and Administration, (2) Environmental Management, (3) Urban Planning Development, (4) Estate and Land Development and (5) Engineering and Construction. The Authority has a Board which is an organ for making decision on policies and plans as well as strategies pertaining to development of Dodoma as capital city. The Board chaired by the Minister in the Prime Minister's Office (Policy, Coordination and Parliamentary Affairs) has members of the position of Permanent Secretaries for the Ministries of Foreign Affairs and International Cooperation, Works, Finance, Energy and Minerals, Water and Livestock Development, Energy and Lands of the Revolutionary Government of Zanzibar, Communication and Transport of the Revolutionary Government of Zanzibar. Dodoma Municipal Director and a member of Parliament of Dodoma urban constituency are also the members of the Board.
Given the fact that resources are important for town development, the 276,910 hectares of land was granted to CDA under the Certificate of TitleNo. 4585-DLR by the government to manage it under lease holding system for the tenure of 99 years. The Authority has been assigned to undertake a number of activities on the land that it holds and manages. These include 1. To implement the decision of transferring the capital of Tanzania from Dar es Salaam to Dodoma;2.To prepare plans for developing Dodoma to the target of capital city of Tanzania; 3.To carry out and effect the necessary development of Dodoma in order to render the same suitable for the capital city of Tanzania; 4.To advise and assist the Government on an orderly transfer to Dodoma of various Government and other public offices; 5.To do anything or to enter into any transaction this, in the opinion of the Board of Directors is calculated to facilitate the proper and efficient carrying of its activities and the proper performance of its functions. Apart from these assigned functions, more functions of the CDA were clarified by the Government Circular No 19 of 1988 as follows: 1. To interpret, prepare and coordinate statutory requirements for development of Dodoma; 2. To supervise and coordinate surveying of land, allocation of plots, issuance of lease hold and other matters concerning land administration within the Capital Development Area; 3. To facilitate issuance of land development permits and other matters pertaining to development control including coordination of control of unauthorized development; 4. To undertake and coordinate, laying down of the infrastructure and utilities necessary for development of Dodoma; 5. To undertake estate management of housing, buildings and all landed properties belonging to the Authority; 6. To undertake environmental management, landscape enhancement and forestry development; 7. To facilitate and promote investment in Dodoma through policies and legislations such as Investment Act No 8 of 1982 and 8. To facilitate and provide support and logistic services to the government, ministries, institutions, private firms and individuals involved in the implementation of the Capital Transfer Programme.
Dodoma Municipal Council (DMC) is another major institution involved in developing Dodoma into capital city. From 1972 to 1981 due to its abolition the responsibilities and functions of the council in managing land and its associated activities were handled to CDA. The powers of the Council in managing Dodoma urban development activities have been resumed by the Local Government (District Authorities) Act 1982 and the Local Government (Urban Authorities) Act 1982 with their amendment in 1999 by the Local Government Laws (Miscellaneous Amendment) Act (no 9) 1999 which re-established the Local Government Authority in Tanzania. The Authority was re-established in order to facilitate the transfer of more authority back to the people. The Authorities of Local Government have been empowered by the laws the right and power to participate and involve the people in planning developing programmes and undertaking various activities for Dodoma capital city.
Through various legally created administrative structures the Council involves people using the approach of participatory urban planning aimed at making decisions on activities for capital city development. The administrative structures from the grass roots to municipal council levels are shown in 1 figure.
Figure 1 indicates that at the grassroots level, there is sub-village (kitongoji) which is the administrative structure in case of rural council or mtaa in case of urban council. Above the grass roots level, the ward is the administrative structure followed by municipal council upwards.
Other institutions involved in developing the capital city are TANROAD, the Prime Minister's Office, Regional Administration and Local Government (PMORALG), the Parliament, the Regional Administration, Tanzania Electric Supply Corporation (TANESCO), Dodoma Water Supply Authority (DOWASA) and Tanzania Telecommunication Company Limited(TTCL).
It is worth noting the three reasons for Dodoma to become the capital city. First was to reserve Dar es Salaam as the commercial city. Besides that Dar es Salaam was left to perform the function of international port ( Kitilla, 2012).Second reason was the fact that Dodoma is located at the centre of the country. Third, was to build the capital city of Tanzania which would have reflected the principle of human-centered. This principle was highly insisted by Nyerere, the first president of Tanzania.  Vol. 7, No. 5; have to be contributed by a number of ways and defined by a number of parameters. The importance of city's development with the objective of meeting the majority needs is clearly noted in much literature. The UN-Habitat's report on prosperity of cities of 2013 for example claimed that failure of the material and immaterial aspects to satisfy the majority, the city becomes the arena where the right for a shared prosperity is fought for. There are a number of material and immaterial aspects which define the city's development and have to be fairly distributed to the residents. Among them include the basic needs like food security, health, education and productive assets for example land and employment. According to South-South Commission report of 1993 guoted in Rugumamu (1996) all these needs when are provided to the residents are essential for enhancing human capacities to meet the challenge of sustained development. It is argued that availability of these needs to the residents will not only increase their capabilities but these also contribute to the city's development. There a number of factors which become instruments of city's development and increase the human capabilities through the basic items. Among these instruments according to UN-Habitat report on prosperity of cities of 2013 include urban planning, institutional, legal and regulatory frameworks.

Research Design
The paper is a product of the research conducted in Dodoma capital city of Tanzania. A plan designed involved the following components that enabled the data to be collected:

Research Approaches
The research intended to examine Dodoma with the institutions created to manage land for the town to develop to the target of capital city of Tanzania. The data of these interrelated variables were not known. The collection of the data was possible by designing main questions which are the form of how, when and why. These helped to examine in detail the causal effects, feelings and views of the respondents with regard to the interrelated variables. The situations and characteristics were also described by the respondents. The questions of such form were also used to collect data in the various documents. This followed strategy enabled the research to apply both exploratory and descriptive approaches.

Sample Size
The research was unable to study the whole population because it was large given scarcity of time, manpower and financial resources allocation. The decision was thus made to study a sample population size of respondents drawn from the categories of 60 ordinary people and 19 officials. The selection of the respondents was done as follows:

Selection of Ordinary People and Officials
Due to the fact that the issues being researched on are Dodoma capital city development with its determinant factors, the decision was made to select 3 wards which have large population size out of 37 wards of Dodoma municipality. The technique of selecting the 3 wards was purposive. These were wards of Chamwino, Chang'ombe and Hombolo. According to 2012 Population and Housing Census the population size of the wards was 19,175; 25,415 and 22,457 people respectively. In each of the 3 wards visited 20 ordinary people were randomly selected to be the respondents. The selection of 19 officials as another category of the respondents was purposively done following the criterion of understanding of the research theme. The officials were from various departments of central and local government authorities responsible for Dodoma capital city development.

Primary Data Collection Methods
Interviews were conducted to the ordinary people with the help of semi structured questionnaires to collected primary data. Data from 11 officials were collected through interview using interview guide. A Focus Group Discussion (FGD) was conducted with 8 officials working with various departments of Dodoma municipality for data collection.

Secondary Data Collection Method(s)
The documentary analysis was used to collect secondary data. The documents critically analyzed were policies of land, urban development, laws, research reports, academic papers, consultancy reports and books regarding urban development. The documents were obtained from the libraries of the University of Dar es Salaam, documentation centres of Dodoma Region Office and websites.

Data Analysis
The data collected were processed in the computer using Statistical Programme of Social Science. The data were analyzed in the form of percentages and cross tabulations which are simple descriptive statistical methods.

Performance of Capital Development Authority
The performance of the Authority is observed in the following areas: The failure of CDA to involve the people fully at the grassroots level was found to affect the performance of the Authority in a number of ways. In Chilewa where the management of land is under the jurisdiction of the Authority the study in the Mtaa found a high invasion level of undeveloped land by the people engaged in construction activities without proper plan. The Authority has no effective administrative organs at the Mtaa and the people at the localities are not legally mandated to safeguard the land. Mtaa of Chilewa is in a ward of Chang'ombe with 13612 residents established in 2010 after the split from Chamwino ward. In Chilewa, findings indicated the procedure of land allocation was so bureaucratic that it has increased the cost recovery to the applicant for a plot allocated. As a result the surveyed plots in the Mtaa was so expensive that they are unaffordable by many low-income residents. A surveyed plot of low income resident in Mtaa of Chilewa is sold at TZS 5 million.
The failure to involve people and their leadership at the grass roots level has led to spontaneously undertaking of extracting aggregates, sand and stones activities in the areas where the permits for these activities are granted by CDA. These activities are not effectively managed such that the areas with water catchment have become dry.
Another unimpressive performance of the Authority was also found in Msalato, a peri-urban settlement where there is spontaneous development of the settlement due to the CDA tendency of neglecting its development.
Much effort is put in developing the urban areas proper. The inability of the Authority leadership in managing land is observed in the shortage of land supplied by the Authority in relation to the growing demand of the resource caused by population growth. The situation has caused squatter settlements mushrooming in the town with inadequate provision of essential facilities, contributing to uncomfortable life to the settlers.
The problem of un-surveyed land has extended to many villages established on land under the CDA management. These are Nzuguni, Mkanze, Michese, Ntyuka, Uyumbu, Nara Zuzu, Chididimo, Ng'ong'ema and Mapinduzi. The un-surveyed land has affected many residents unable to expand and improve their wells as sources of water because they do not have the rights on land they occupy. In absence of land rights the development of bees projects for the villagers is also constrained because they are unable to use land as collateral to secure loans from financial institutions.
The problem of resources scarcity has been more severe in the present days than in the early days of the CDA establishment. The Authority in the early days was performing its functions so well that people thought the target of transforming Dodoma into the capital city would be attained within the set life span of 10 years. The sectors recorded impressive performance were infrastructure facilities and utilities, which are core for capital city development. Citing its importance FrannieandLemer (2006) observed that infrastructure is desired not for its own sake but rather because it facilitates other economic and social activities. In regard to the infrastructure sector, roads maintenance in the early days were on continuous basis because the Authority was under the President's Office. This made it possible to receive big support from the government by adequate budgetary allocation and effective coordination of various institutions like the Roads Department and the Regional Administration. The Regional Administration was responsible for building capacity in roads development to the staff of the Authority.
CDA later was shifted to the Ministry of Works in 1990. There after to other Ministries. This has been the beginning of poorly operation of the Authority in many activities, including roads upgrading because of the low commitment level of the government officials which is indicated by the Authority receiving insufficient funds for its development expenditure.

Plans Preparation
Preparing plans for Dodoma Capital City is another function performed by CDA. The Master Plan is used by the Authority since its establishment to guide land and its associated activities engaged by residents and various institutions for urban development. All the Master Plans designed in the history of the town have involved low participation level of the people and Dodoma Municipal Council. The designing of the Master Plans is done by CDA experts in collaboration with foreign consultancy firms. The current Master Plan for Dodoma is being designed by a Consortium of South Korean and CDA experts. However, it features the same problem of not fully accommodating the residents' needs. The needs of residents of Chang'ombe ward provide one of the evidence which were excluded from the current Master Plan. The residents in the ward rely on agriculture and livestock keeping as their main livelihoods means. These are also essential for urban development, but it was claimed by One Senior Regional Official that the new Master Plan never included land use for these activities as they are discouraged and not recognized by CDA as important activities to be engaged in Dodoma urban development.
Looking at the administrative structure practiced by the Authority, one can note that it distances itself from the people at the grassroots level. Apparently it does not have enough decision making organs at the grassroots level. Moreover, it limits people from fully involvement in decision making in the plans of their localities made by the Authority. People's involvement is important. To justify this point such approach has been applied by Brasilia and Abuja and has reduced a number of city development problems compared to Dodoma. Such component is missing in the administrative structure of CDA.

Land Compensation
Granting rights to land owners when their land has been acquired is another activity of CDA. The study indicated that when land was granted to CDA in the year of its establishment the original owners were not fully compensated, leaving many surveyed plots not allocated to the applicants. One of the cited cases are the10,000 plots which are still unallocated to applicants since 1973 because of the complaints lodged by land owners over little compensation. The incompetency, low level of fairness, lack of transparency and delay of the Authority to undertake the activity have contributed to the situation, causing squatters development. One of the cases cited was the area in which the University of Dodoma was constructed where people developed squatters after being removed from their places to pave way for construction of the university.

Land Allocation
The power of land allocation to an applicant for right of occupancy is invested to CDA and not to Land Commissioner as the land laws stipulate. Such power has been interpreted by many respondents to contravene many land laws. And has an outcome of ineffectiveness in coordination and enforcement of the laws by other institutions. There is also a problem with ground lease which is only the document issued by CDA to the grantee for using land. The document suffers from legal deficiency because the concept has not been enshrined in any Land Act. It was noted by One Senior Municipal Official that the concept is not legally recognized for guaranteeing land security to the grantee. It is also difficult to attract foreign investments which use different tenure security designed by the government used by Tanzania Investment Centre as an institution empowered to grant land to foreign investors intending to undertake investments. The duration of tenure for right of occupancy land granted by the Authority was reduced to 33 years since its establishment. The short duration of land tenure also discourages many investors seeking land of long tenure security for investing in social, economical and political projects essential for developing the capital city. The failure of CDA to attract large scale investors because of the limited land tenure security was interpreted by many people that the capacity level of the Authority is low in implementing land activities and promoting investments in Dodoma through the Investment Act No 8 of 1982. The large manufacturing firms are among those supposed to be attracted through tax incentives by CDA.
Due to prevalence of short term land tenure and bureaucratic problems, 5 out of the 7 large manufacturing firms that were established in Dodoma were some closed down and others moved to other locations between 1975 and 1995. A study done by Mesaki and others (2010)

Controlling Squatter Settlements Development
Controlling squatter settlements emergence is one of the tasks performed by DMC. These have to be prevented from developing because of the challenges they pose to city development. Nonetheless, Kironde and Rugaiganisa (2002) have underscored the challenges of land being illegally occupied, the settlements entail poor quality structures, develop spontaneously without order, emerge without permission and following the urban standards set by the laws, regulations and policies managing urban development.
Findings revealed that the task of controlling squatters not to develop is poorly performed by the Council because the officials are laxity in implementing the laws, policies and regulations. Another cause for the failure to control squatters development is shortage of surveyed plots in relation to the increased demand. The Council does not have enough funds and therefore is unable to survey enough plots in peri-urban areas and the villages integrated with Dodoma town in order to match with the increased demand for plots.

Coordination of DMA with Other Institutions in Developing Dodoma
The development of Dodoma capital city demands coordination of various institutions to attain such goal. However, the study indicated that some of the institutions like the DMC and the CDA are not strongly coordinated. This is attributed to the laws and policies guiding the two institutions in managing the town. They are too contradictory and do not clearly demarcate and define the responsibilities of responsive institution. For example surveying and plots allocation departments overlap in undertaking their tasks.

Sanitation Services Delivery
Improved sanitation services delivery is important for residents of Dodoma to be healthy and hence participate actively in undertaking the activities for the city. As it has been argued in the Environmental Impact Assessment Report of 2010, cleaner cities attract people and investment. The concept of sanitation facility in urban areas has three major components. One is the sustainable cleanliness of the environment of the urban area. Findings revealed that the percentage of wastes being collected from the environment by the Council is 65% of the 1003 tones generated daily (EIA, 2010). The Council is limited in collecting the wastes because of the inadequacy of the vehicles and other equipments. Another reason is the failure of the Council to secure land for permanent dumping area. The availability of permanent and stable toilets to the households is the second component of sanitation facility. This is a challenge faced not only in Dodoma town, but also in other areas of Tanzania. A study conducted by Flora Kessy and Brigil Obrist whose report was revealed in 2008 indicated that, in Chang'ombe, one of the mostly populated wards of Dodoma pit latrines used by many households were of poor condition and often collapse during the rains, discharging liquid wastes into streets and posing diseases outbreak risks such as cholera epidemics. The lack of permanent and stable toilets in the town is depicting that the DMA is not accountable enough in enforcing health laws and other town legislations.
The habit of urban residents to wash hands with soap after going to toilet is the third component of sanitation facility. This is a challenge facing many residents in Dodoma region, including the capital city (Daily News, April 19, 2014).The poor performance is attributed to low awareness level provided to the residents by Health Directorate on the importance of washing hands after going toilet.

Water Service Supply
The supply of water in urban proper in Dodoma town is under the responsibility of Dodoma Urban Water Supply and Sanitation Authority (DUWASA). Findings indicated that only 48.8% of 61,500 liters demanded daily is supplied by the Authority to the population of Dodoma. In order to offset water deficit an effort is being made of implementing water project worth TZS 26 billion in the town. The project started early 2014 and funded by Kolon Global, a South Korean Company (East Africa Business News of April, 2014).
Water in peri-urban areas and villages constituting Dodoma Municipality is supplied by DMC. The relied sources of the service in the areas are deep and shallow wells, springs and dams. These sources are not enough to supply water to satisfy the growing requirements of the residents in the areas. For example, Ng'ong'onha, one of the villages in the Dodoma municipality, has 13,000 residents who depend only on 2 bore wells as their source of fetching water, which is not sufficient to meet all the requirements (Habari Leo of December 16, 2013).The problem of water in peri-urban areas and in villages is severe to the extent that water is unaffordable by many residents and the walking to the source is long distance beyond the 400 meters stated in the National Water Policy of 2002.The price of one bucket of water is between TZS 300=/ and TZS 700/= which is so expensive in the relation to the incomes received by residents. The failure to increase water supply in the areas is caused by low monitoring level of DMC

Education Provision
The sector of education managed by the DMC is afflicted with problems. Most of the secondary schools were constructed on land without the title deeds. It has been difficult to expand them in order to meet the demand for education resulted from the population increase. The open spaces allocated for recreation and playing grounds for pupils were granted to residents by municipal officials to construct houses. Education for primary level is constrained with inadequate classrooms relative to large number of pupils' enrollment. Poorly constructed pit latrines were reported in many primary schools. Improvement of education facilities is hindered by bureaucracy in land acquisition from the CDA.

Health Provision
The condition of health facility provided by the DMA is not impressive because there are few health centres and dispensaries constructed which are unable to meet the increased demand.

Fire Service
Fire service is not easily accessible by many residents who live in squatter settlements. The main cause is the settlements not easily reached by trucks to offer fire service because of the poor roads.

Manpower for Urban Planning
The manpower at the Mitaa level is incompetent in plans development and implementation for their localities. The sources of the manpower incompetency arise from low education level attained by the staff. Additionally, the offices in many Mitaa are not enough. The few offices used do not have adequate facilities.

Land Disputes and Conflicts Settlements
The settlements of land conflicts are delayed because the organs responsible for handling the conflicts are constrained with staff, facilities and offices. The organs are the village councils, ward and district land tribunals. Two cases of land conflicts were cited to have taken long time without resolution. These were reported in Hombolo Makutu and Mkondani villages where the villagers identified their priority projects which were not implemented by the gold investors after acquisition of their land. The projects identified were (a) construction of new secondary school and expansion of an old one (b) improving the village grape farm and (c) construction of dipping trough. Other unresolved land conflicts were reported between the Roman Catholic Church and the villagers and that between the villagers and a company of wine manufacturing. The main cause of the conflicts were land boundaries because a large part of land is still un-surveyed. The trend indicates there are many land applicants in the village. The village leadership in collaboration with residents has the power to allocate small size land. The power of allocating big size land is vested to the Municipal Council after the recommendation made by the village authority. Before the recommendation is made the village meeting has to take place to discuss and approve the land application.

Transforming the Villages into the Urban Entity
Transforming the villages into an urban entity of Dodoma capital city is important. Hombolo Makutu, like other 40 villages in Dodoma municipality, is yet modernized to feature the urban entity. Since1971 it has become part of the municipality. Evidence of the village being not modernized is presented with the following profile: By 2011 the village had 560 households with average household members of between 5 and 15 people. It has 8 hamlets (small villages) with a large part of un-surveyed land. Economically, the following activities are the main livelihood means of the villagers: (a) Small scale farming in the form of shifting cultivation. The crops grown are simsim, groundnuts, sum flowers, maize, millet and cassava (b) Livestock keeping is not modernized with cattle being grazed spontaneously because there is no effective land use plan. The plan allows encroachment of land by other ethnic groups. The Mang'ati and Mburu ethnic groups were reported to have encroached the land. The absence of effective land use plan has contributed to soil erosion.
Social services are not adequate to meet the villagers' requirement. Water is fetched from two wells. Out of the two wells, one was constructed through the initiatives of the villagers. Another well was constructed by the government connected with a pipe allowing water to flow to Hombolo Bwawani small village. There is a project of electricity which is at the stage of compensating the owners after their land has been acquired at Hombolo village. Upon completion of the project will be the major source of energy to the residents. It will potentially attract manufacturing industries and other investments for Hombolo development.
The three primary schools available are not enough to cater for the education needs of the villagers. They have inadequate teachers. The pit latrines were not in good conditions.
Finding indicated the ability of Municipal council to transform the village by providing the urban facilities is minimal.
The use of Hombolo Local Government Training Institute by the villagers has been minimal. The training offered by the institute targets more at Ward Executive Officers than the Mtaa leaders. Very few villagers receive training in administration and accountancy. The absence of plan at the village government on the utilization of the institute is the major reason for the villagers not to benefit adequately from the opportunities available at the institute.

Roads
Most of the roads managed by the MC have deteriorated. The inadequate funds and low capacity level of the Council are the major causes for council inability to improve the roads.

Conclusion and Recommendations
The conclusion is that the two institutions have been not performing well in various activities relating to the capital city development.CDA and DMC to become capable the following are recommended: (a) The laws and policies should be revised in the line of clearly defining the responsibilities of each of the two institutions in managing Dodoma (b) There is a need to strengthen coordination between the two institutions so that CDA can use the administrative structures of the DMC created at the grassroots level.
(c) Capacity building has to be enhanced to DMC and CDA by providing with enough manpower, funds, equipments and offices.(c) Other institutions such as Ministry of Land, Housing and Human Settlements Development have to be fully involved in land administration in Dodoma capital city.