Saturday, September 17, 2011

Jangwani area leased to developer for 99 years

CLAIMS by residents of Jangwani area (along the Msimbazi River valley) that the eviction order previously issued by Ilala district authorities carried ominous implications have prompted investigation into the matter.

The latest finding now is that the area has been sold to Khoja Shia Isthnaasher Jamaat of Dar es Salaam.

Related official documents under the title Certificate of Occupancy signed by the Commissioner for Land Use Development Services with Reference Number LD/147417/14/CCC dated December 06, 1991 reveals that the Jamaat Group have the right to occupy the land for 99 years.

"The land shall be used for Special Places of Assembly - Use Group 'J'. The occupier must pay further charges and refund any contribution in lieu of rates which may be paid by the government...

"The occupier shall be responsible for the protection of all beacons on the land throughout the term of tenancy," reads part of the document.

According to a survey map showed to the 'Daily News', the area has been divided up into 12 different plots of land. Plot number one up to number six, which cover about 80 per cent of the total area, have been given to Khoja Shia Isthnaasher Jamaat.

However, the local government chairman, Mr Christopher Rugemalila, accused Ilala Municipal Council of causing trouble to residents in the area, who, through their own initiatives, have decided to take precautionary measures to prevent floods.

He said that through self help initiatives they have introduced a routine clean-up using bare hands to remove dirt from the river course.

"We put debris on the river banks and remove sludge from the river course. Authorities don't seem to care about us. The Breweries creek should be opened. It is a breeding ground for mosquito," Mr Rugemalila said.

He added, "The area is already sold and the only thing authorities want to do is to make sure that we are out of here. We are not going anywhere and we are here to stay," Rugemalila insisted.

He commended the legislator for Ilala, Mr Mussa Azan Zungu, who defended the residents recently saying that the government should work out plans to control floods in the area instead of evicting the residents.
Rehema Zege (64) has been annoyed by the district authorities. She claimed that the authorities embrace rich people and forget about the majority low-income earners.

Previously the Minister for Lands, Housing and Human Settlements Development, Prof. Anna Tibaijuka, advised dwellers in the valley to comply with legitimate government orders to vacate the area for safety reasons.

The minister warned against repetition of the 2002 situation whereby sweeping floods caused losses to valley dwellers.

Prof. Tibaijuka spoke about government plans to establish decent settlements around Dar es Salaam at affordable rents. The upshot is to accommodate low-income earners and others including those in low lying areas.

The investigation further learnt about civil cases related to an eviction order dating back to 2001. For example, part of the ruling of Civil Case No 46/2001 at Ilala District Court with Mohamed Bendera Guga, Amina Abedi, Ally Hatha and 67 other residents of Jangwani as applicants and Ilala Municipal Council as respondent, the magistrate, Sg Kabuta on April 17, 2002 ruled out that:

"The respondent should compensate the applicants and provide alternative plots of land as promised. I make no order as to cost. I so rule out."

Since then there has been events of court injunctions. The respondent filed an appeal to the High Court as indicated in Civil Revision No 64 of 2004 and through an advocate from Taslima Law Chambers in a written submission presented on December 14, 2009.

The residents of Jangwani partly responded as follows: "What is apparent here is that the land belongs to Khoja Jamaat and that they are the ones entitled to deal with whoever was found on the land.

So the Ilala Municipal Council has no locus standi to go to court and claim that the residents are trespassers on their land unless they are working on instructions for the Khoja Jamaat."

Earlier last week, the Acting Director General of the Tanzania Meteorological Authority (TMA), Ms Agnes Kijazi, advised people living in low-land areas to take precautions as this year short rains might be above normal in some regions including Dar es Salaam.

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