ngoshwe
JF-Expert Member
- Mar 31, 2009
- 4,131
- 937
Nilikuwa najaribu kuangalia mambo yanayoitwa ya Muungano na yale yasiyo ya Muungano. Kwa tafsiri ya Sheria ya Ardhi Na. 4 na 5 za mwaka 1999, upo uwezekano kwa wazawa (Raia) wote wa Tanzania bila kujali wapi ametokea katika upande wa Muungano kumiliki ardhi katika nchi ya "Tanzania" ambayo zamani iliitwa Tanganyika. Kifungu cha 4 cha Sheria hiyo kinatamka yafuatayo:
"4.(1) All land in Tanzania shall continue to be public land and remain vested in the President as trustee for and on behalf of all the citizens of Tanzania.
(2) The President and every person to whom the President may delegate any of his functions under this Act, and any person exercising powers under this Act, shall at all times exercise those functions and powers and discharge duties as a tru stee of all the land in Tanzania so as to advance the economic and social welfare of the citizens."
Sheria ya Urai wa Tanzania (The Tanzania Citizenship Act Cap. 357) inanayotumika sehemu zote za muungano (Bara na Zanzibar) inatambua raia wa Tanzania kuwa:
" Section 4.Citizens of Mainland Tanzania and of Zanzibar before Union Day deemed to have become citizens on Union Day.
(1) Every person who, having been born in Mainland Tanzania or in Tanzania Zanzibar before Union Day, was immediately before Union Day a citizen of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day, and, with effect from Union Day, subject to section 30, to have continued, and after the commencement of this Act shall continue, to be a citizen by birth of the United Republic.
(2) Every person who, having been born outside either Mainland Tanzania or Tanzania Zanzibar before Union Day was, immediately before Union Day a citizen by registration or naturalisation of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day and, with effect from Union Day, subject to section 30 to have continued to be, a citizen by registration or, as the case may be, by naturalisation of the United Republic, and after the commencement of this Act shall become and continue to be a citizen by naturalisation of the United Republic."
WAGENI KUTOMILIKI ARDHI
Sheria ya Ardhi Na. 4/1999 inazuia kupitia kifungu cha 20 kwa ardhi kumilikiwa na wageni
"20. -(1) For avoidance of doubt, a non-citizen shall not be allocated or granted land unless it is for investment purposes under the Tanzania Investment Act, 1997"
SHERIA YA ZANZIBAR:
Sheria ya Ardhi ya zanzibar ya Mwaka 1992 inatamka haya kwa mujibu wa kifungu cha 3:
3.(1) All natural land within the islands of Zanzibar occupied or unoccupied is hereby declared to be public land
and shall be deemed to have been so declared from a March 1964.
(2) Public land is declared to be vested in, and at the disposition of the President, to be held by him, for the use and common benefit, direct or indirect, of the people of Zanzibar.
Kifungu cha 8 cha Sheria kinabainisha:
"8.(1) The right of occupancy shall exist under the following circumstances:-
(a) that the holder of the interest be a Zanzibari over the age of eighteen, unless special provisions have been made;
(b) that the holder of a right of occupancy shall have an exclusive right to occupy and use the land which
comprises his right;
(c) that the holder of the right of occupancy shall have the right to make disposition of the land or other
interests therein to any other Zanzibari; "
(d) that the interest be held in perpetuity without specific term and be inheritable under the appropriate provisions of the Zanzibar law of Succession. "
Kifungu cha 2 cha Sheria hiyo kinabainisha nani ni Mzanzibari" kama ifuatavyo:
Zanzibari means:-
(a) any person who is a citizen of Tanzania in accordance with the laws relating to citizenship and that he was born or has been residing in Zanzibar before and up to the 12th of January 1964;
(b) any person who, as from the 26th day of April, 1964 is a citizen of Tanzania and was born in
Zanzibar with both of his parents being Zanzibaris or either his father or mother being Zanzibari in accordance with the Zanzibari Act, 1985;
(c) any person who is a citizen of Tanzania and was born or has been residing in Zanzibar before the
26th day of April, 1964; and
(d) any person who is a citizen of Tanzania with both of his parents being Zanzibaris or either his
father or mother being Zanzibari in accordance with paragraph (a), (b) or (c) above.
Kifungu cha 8(1) cha Kifungu Sheria hii ya Ardhi ya zanzibar kinarekebishwa kwa kufuta nakuandikwa upya aya (b) na (c) kama ifuatavyo:-
(b) Kwamba mwenye kudhibiti maslahi ya taasisi ya Serikali, au kampuni, au washiriki wa biashara ambao wenye hisa
nyingi ni Wazanzibari au Jumuiya za kiraia.
Kwa madhumuni ya kifungu hiki Jumuiya za kiraia maana yake ni Jumuiya za kiraia ambazo zimesajiliwa Zanzibar, zinafanya shughuli zake ndani ya Zanzibar na wanachama wake ni Wazanzibari tu.
(c) Mzanzibar yoyote ambae alikua ana sifa ya kuwa mzanzibar na akapoteza sifa hizo atakuwa na haki zifuatazo:-
(i) Kurithi ardhi iliyokuwa inamilikiwa na mtu ambae alikuwa na haki ya kisheria kumrithi.
(ii) Kupata ardhi ambayo alikuwa akimiliki kihalali kabla ya kukosa sifa ya kuwa Mzanzibar.
(iii) Kupata ardhi kwa njia ya hiba kwa mtu ambaye wanauhusiano wa damu."
CHANGAMOTO
Wakati wapemba wanajivunia kumiliki ardhi hapa Tanganyika, ninyi wa Tanganyika msidhani mnahaki ya moja kwa moja kumiliki ardhi mkienda Zanzibar. Hivyo ninyi watanganyika mnapozungumza kupata Katiba mpya basi mwangalie kuwa mkienda zanzibar ninyi ni "non-citizens" kwa tafsiri ya kumiliki ardhi.
https://www.jamiiforums.com/jukwaa-la-siasa/153381-hakuna-mtanganyika-mtanzania-bara-anayemiliki-ardhi-nyumba-zanzibar.html
"4.(1) All land in Tanzania shall continue to be public land and remain vested in the President as trustee for and on behalf of all the citizens of Tanzania.
(2) The President and every person to whom the President may delegate any of his functions under this Act, and any person exercising powers under this Act, shall at all times exercise those functions and powers and discharge duties as a tru stee of all the land in Tanzania so as to advance the economic and social welfare of the citizens."
Sheria ya Urai wa Tanzania (The Tanzania Citizenship Act Cap. 357) inanayotumika sehemu zote za muungano (Bara na Zanzibar) inatambua raia wa Tanzania kuwa:
" Section 4.Citizens of Mainland Tanzania and of Zanzibar before Union Day deemed to have become citizens on Union Day.
(1) Every person who, having been born in Mainland Tanzania or in Tanzania Zanzibar before Union Day, was immediately before Union Day a citizen of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day, and, with effect from Union Day, subject to section 30, to have continued, and after the commencement of this Act shall continue, to be a citizen by birth of the United Republic.
(2) Every person who, having been born outside either Mainland Tanzania or Tanzania Zanzibar before Union Day was, immediately before Union Day a citizen by registration or naturalisation of the Republic of Tanganyika or of the People's Republic of Zanzibar shall be deemed to have become, on Union Day and, with effect from Union Day, subject to section 30 to have continued to be, a citizen by registration or, as the case may be, by naturalisation of the United Republic, and after the commencement of this Act shall become and continue to be a citizen by naturalisation of the United Republic."
WAGENI KUTOMILIKI ARDHI
Sheria ya Ardhi Na. 4/1999 inazuia kupitia kifungu cha 20 kwa ardhi kumilikiwa na wageni
"20. -(1) For avoidance of doubt, a non-citizen shall not be allocated or granted land unless it is for investment purposes under the Tanzania Investment Act, 1997"
SHERIA YA ZANZIBAR:
Sheria ya Ardhi ya zanzibar ya Mwaka 1992 inatamka haya kwa mujibu wa kifungu cha 3:
3.(1) All natural land within the islands of Zanzibar occupied or unoccupied is hereby declared to be public land
and shall be deemed to have been so declared from a March 1964.
(2) Public land is declared to be vested in, and at the disposition of the President, to be held by him, for the use and common benefit, direct or indirect, of the people of Zanzibar.
Kifungu cha 8 cha Sheria kinabainisha:
"8.(1) The right of occupancy shall exist under the following circumstances:-
(a) that the holder of the interest be a Zanzibari over the age of eighteen, unless special provisions have been made;
(b) that the holder of a right of occupancy shall have an exclusive right to occupy and use the land which
comprises his right;
(c) that the holder of the right of occupancy shall have the right to make disposition of the land or other
interests therein to any other Zanzibari; "
(d) that the interest be held in perpetuity without specific term and be inheritable under the appropriate provisions of the Zanzibar law of Succession. "
Kifungu cha 2 cha Sheria hiyo kinabainisha nani ni Mzanzibari" kama ifuatavyo:
Zanzibari means:-
(a) any person who is a citizen of Tanzania in accordance with the laws relating to citizenship and that he was born or has been residing in Zanzibar before and up to the 12th of January 1964;
(b) any person who, as from the 26th day of April, 1964 is a citizen of Tanzania and was born in
Zanzibar with both of his parents being Zanzibaris or either his father or mother being Zanzibari in accordance with the Zanzibari Act, 1985;
(c) any person who is a citizen of Tanzania and was born or has been residing in Zanzibar before the
26th day of April, 1964; and
(d) any person who is a citizen of Tanzania with both of his parents being Zanzibaris or either his
father or mother being Zanzibari in accordance with paragraph (a), (b) or (c) above.
Kifungu cha 8(1) cha Kifungu Sheria hii ya Ardhi ya zanzibar kinarekebishwa kwa kufuta nakuandikwa upya aya (b) na (c) kama ifuatavyo:-
(b) Kwamba mwenye kudhibiti maslahi ya taasisi ya Serikali, au kampuni, au washiriki wa biashara ambao wenye hisa
nyingi ni Wazanzibari au Jumuiya za kiraia.
Kwa madhumuni ya kifungu hiki Jumuiya za kiraia maana yake ni Jumuiya za kiraia ambazo zimesajiliwa Zanzibar, zinafanya shughuli zake ndani ya Zanzibar na wanachama wake ni Wazanzibari tu.
(c) Mzanzibar yoyote ambae alikua ana sifa ya kuwa mzanzibar na akapoteza sifa hizo atakuwa na haki zifuatazo:-
(i) Kurithi ardhi iliyokuwa inamilikiwa na mtu ambae alikuwa na haki ya kisheria kumrithi.
(ii) Kupata ardhi ambayo alikuwa akimiliki kihalali kabla ya kukosa sifa ya kuwa Mzanzibar.
(iii) Kupata ardhi kwa njia ya hiba kwa mtu ambaye wanauhusiano wa damu."
CHANGAMOTO
Wakati wapemba wanajivunia kumiliki ardhi hapa Tanganyika, ninyi wa Tanganyika msidhani mnahaki ya moja kwa moja kumiliki ardhi mkienda Zanzibar. Hivyo ninyi watanganyika mnapozungumza kupata Katiba mpya basi mwangalie kuwa mkienda zanzibar ninyi ni "non-citizens" kwa tafsiri ya kumiliki ardhi.
https://www.jamiiforums.com/jukwaa-la-siasa/153381-hakuna-mtanganyika-mtanzania-bara-anayemiliki-ardhi-nyumba-zanzibar.html