Assessing Tanzania’s Legal Framework on Landholding Ceilings

This paper investigates the legal framework governing landholding ceilings in Tanzania, with the aim of assessing its adequacy in promoting equitable land distribution, tenure security, and sustainable land use. It adopts doctrinal and comparative legal research methods, examining the Land Act (Revised Edition 2023), the Village Land Act (Revised Edition 2023), the National Land Policy (2023), and related legislation. Comparative perspectives from Kenya, Uganda, India, and South Africa are incorporated to situate Tanzania’s experience within broader regional and global land governance trends. The findings reveal that while Tanzania’s legal framework recognises the importance of preventing excessive land accumulation, it lacks explicit statutory limits defining maximum landholdings. The existing provisions rely on administrative discretion rather than fixed ceilings, which weakens enforcement and accountability. Moreover, the persistence of a dual land tenure system, where customary and statutory tenure coexist without full harmonisation, continues to hinder equitable land access, particularly for rural and vulnerable populations. The study also finds that the Tanzania Investment Act allows large-scale land allocations and leases, often to foreign investors, without clear ceiling guidelines or adequate safeguards for affected communities. Results from comparative analysis indicate that countries such as India and Kenya have introduced enforceable ceiling laws that enhance redistribution and land equity through stronger institutional mechanisms. The study concludes that Tanzania must undertake comprehensive legal and policy reforms, including defining enforceable landholding ceilings, harmonising statutory and customary systems, strengthening enforcement institutions, digitising land records, and promoting community participation. These measures would enhance social equity, transparency, and sustainability in land governance, thereby supporting inclusive socio-economic development.