Competence and Independence of Land Tribunals in Administration of Justice

Abstract

The Land Law Reforms of 1999 came with separate machinery for resolution of land disputes which became operational on the 1st day of October, 2003. This machinery divorced the subordinates’ courts from resolving land disputes and was replaced by land tribunals. The latter includes the Village Land Councils, the Ward Tribunals and the District Land and Housing Tribunals. The competence of the tribunals is questionable. Although the tribunals have to administer justice based on the Constitution and statutes, members of the first two organs are lay persons. Not only they are lacking legal knowledge but also the law does not register literacy as a necessary qualification for tribunal Membership.  Independence of the tribunals is also in issue. Executive authorities have exclusive powers on their formation and operation. This article discusses the above issues and observes that tribunal membership lacks the necessary knowledge and skills to administer justice. It further observes that the members lack both security of tenure and remuneration. As a solution to the above mischiefs, the article recommends for abolition of land tribunals so that land disputes are resolved under the existing judicial system. Consequently, the existing judicial system should be empowered and facilitated to administer justice timely and efficiently.