35
M/s UWP Consulting (Pty) Ltd in association with UWP Consulting (T) Ltd, P. O. Box 1857, Pietermaritzburg, KwaZulu-Natal, 3200, South Africa. Sub-Consultants: Real Estate Surveyors and Associates P.O. Box 32293 Email:[email protected] Dar Es Salaam Tanzania GOVERNMENT OF TANZANIA PRIME MINISTER’S OFFICE REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT P.O. Box 1923 Dodoma, Tanzania. LOCAL GOVERNMENT SUPPORT SUB-PROJECT (IDA CREDIT NO. 4003-1-TA) THE PROVISION OF CONSULTANCY SERVICES FOR PREPARATION OF PRELIMINARY AND DETAILED ENGINEERING DESIGNS, COST ESTIMATES, BIDDING DOCUMENTSD AND ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT FOR THE INVESTIMENT SUB-PROJECTS IN KIGOMA MUNICIPALITY UNDER THE PROPOSED TANZANIA STRATEGIC CITIES PROJECT VALUATION AND RESETTLEMENT ACTION PLAN (RAP) FOR THE PROPOSED MSIMBA LANDFILL PROJECT February 2012 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

GOVERNMENT OF TANZANIA PRIME MINISTER’S … · ASSESSMENT FOR THE INVESTIMENT SUB-PROJECTS IN KIGOMA MUNICIPALITY ... ¾ IFC Performance Standards on Social and Environmental Sustainability

Embed Size (px)

Citation preview

M/s UWP Consulting (Pty) Ltd in association with UWP Consulting (T) Ltd,

P. O. Box 1857, Pietermaritzburg, KwaZulu-Natal, 3200, South Africa.

Sub-Consultants:

Real Estate Surveyors and Associates P.O. Box 32293

Email:[email protected] Dar Es Salaam

Tanzania

GOVERNMENT OF TANZANIA PRIME MINISTER’S OFFICE

REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT P.O. Box 1923

Dodoma, Tanzania.

LOCAL GOVERNMENT SUPPORT SUB-PROJECT (IDA CREDIT NO. 4003-1-TA)

THE PROVISION OF CONSULTANCY SERVICES FOR PREPARATION OF

PRELIMINARY AND DETAILED ENGINEERING DESIGNS, COST ESTIMATES, BIDDING DOCUMENTSD AND ENVIRONMENTAL AND SOCIAL IMPACT

ASSESSMENT FOR THE INVESTIMENT SUB-PROJECTS IN KIGOMA MUNICIPALITY UNDER THE PROPOSED TANZANIA STRATEGIC CITIES PROJECT

VALUATION AND RESETTLEMENT ACTION PLAN (RAP) FOR THE PROPOSED MSIMBA LANDFILL PROJECT

February 2012

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

wb406484
Typewritten Text
RP913 v8
wb406484
Typewritten Text

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project IDA CREDIT No. 4727-TZ

1.0  Introduction ........................................................................................................................................ 3 

3.0  Relevant Laws and Regulations Followed. ................................................................................ 4 

4.0  Site Inspection. .................................................................................................................................. 4 

4.1  General description of the land to be acquired. ......................................................................... 5 

4.2  Location and locality. ...................................................................................................................... 5 

5.0  Methodology and Data sources for the Valuation and Compensation Assessment. ..... 5 

5.1  Community Awareness about the Proposed Project ................................................................. 6 

5.2  Field Surveys ................................................................................................................................... 7 

5.3  Individuals entitlement rights to land in Tanzania ...................................................................... 7 

5.4  Nature and Type of assets to be affected ................................................................................... 8 

5.5  Assessment of Compensation .................................................................................................... 10 

Serving Notice............................................................................................................................ 11 Valuation Assessment ................................................................................................................ 11 Calculation of the Various Allowances ..................................................................................... 12 

6.0  Handling Complaints and Grievances ...................................................................................... 13 

6.1  Reporting Procedure. ................................................................................................................... 13 

6.2  Handling Delays. ........................................................................................................................... 14 

6.3  Implementation of the Project ..................................................................................................... 14 

7.0  Standard Limiting Conditions ..................................................................................................... 15 

Statutory Notices ...................................................................................................................................... 15 

8.0  Valuation Summary. ....................................................................................................................... 16 

9.0  Approval and Certification: .......................................................................................................... 17 

APPENDICES Appendix I Detailed Valuation and Compensation Assessment Appendix II ‘Crop Compensation’ rates from the Ministry of Lands, Housing and Human

Settlement Development, May 2010 Appendix III Msimba Village Meeting Minutes on Proposed Landfill Sub-Project

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 3 of 23 IDA CREDIT No. 4727-TZ

1.0 Introduction

This Valuation and Resettlement Action Plan(RAP) report has been prepared as

part of the Tanzania Strategic Cities Project studies in Kigoma- Ujiji Municipality that

were commissioned by The Permanent Secretary Prime Minister’s Office, Regional

Administration and Local Government(PMO) to M/S UWP Consulting Limited. The

overall objective was to evaluate identified Priority Investment Sub-Projects for

financing under the Project. According to Project Plans drawn by the Client, PMO,

the scope of works for the Kigoma Ujiji Municipal Council was in five categories.

The first four categories were covered in Phase 1 of the Project. This report

concerns part of Phase 11 that is intended to provide a facility for solid waste

management some 16km from the Municipality.

Description of the Project Areas The geographical coverage of the Land fill Project is about 20 hectares fairly hilly

with large crevasses resulting from gully soil erosion. The land lies along the Ujiji-

Mahembe-Bitale Road about 10km from Ujiji, immediately past the Municipality

boundary with Kigoma District Council, then to the left for about 3km. The site is

down a hill that slopes towards the main road. There are no settlements on this side

of the road where the site is situated.

2.0 Instruction and Terms of Reference

Real Estate Surveyors Associate Limited (the “Consultant”) were instructed through

the Main Consultant, UWP (Consulting) Tanzania by the Kigoma-Ujiji Municipal

Director to carry out a valuation and compensation assessment of the two plots of

land on which the Gas Compression Facility will be located strictly in accordance

with IFC Performance Standards on Social and Environmental Sustainability

(performance standard No 5).

The Terms of Reference include the following:

1. Undertake a physical inspection of the plots of land and to identify the

Persons Affected by the Project (“PAP”),

2. Identify and log any assets, crops or properties lying within the land required

and owned by the individual PAP,

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 4 of 23 IDA CREDIT No. 4727-TZ

3. Prepare a schedule showing the location, description, rightful owner and

compensation value of each land owner,

4. Assess and carry out a valuation of the identified assets including land, crops

and building structures based upon present market value:

• Provide advice to the Owner on any compensation amounts payable

in accordance with any local laws relating to the compulsory

acquisition of land and resettlement of PAP,

• Indicate the valuation methodology utilised and indicate how it

corresponds with the local laws and practice.

5. Prepare and submit a valuation report and compensation schedule for the

PAP and assets and to obtain government approval of those reports,

6. Prepare a grievance procedure to receive and address specific concerns

about compensation and relocation that are raised by PAP or members of

host communities, including recourse mechanism designed to resolve

disputes in an impartial manner.

3.0 Relevant Laws and Regulations Followed. In undertaking the valuation the Consultant was guided by the following Laws and

Regulations:

IFC Performance Standards on Social and Environmental Sustainability

(performance standard No 5),

World Bank - Operational Manual, OP 4.12,

Land Acquisition Act No 47, 1967,

Land Act No. 4 and Village Act No. 5 of, 1999,

Land Regulations made under Section 179 of the Land Act no 4 of 1999

(Assessment of Compensation) Regulations, 2001

4.0 Site Inspection.

The Consultants representative (Dr F Komu) visited and inspected all the properties

as detailed in this report on the 2nd and 3rd February 2012 together with

representatives of the Kigoma-Ujiji Municipal Council(the Municipal Valuer),

claimants to the land (as listed in section 4.1), local leadership (Mr Kalia Y Russovu

Msimba Village Chairperson, Mr John Kalzo Maiko, Chairperson Msimba Sub-Village

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 5 of 23 IDA CREDIT No. 4727-TZ

and Mr Hassani S. R Malilo, Msimba Village Executive Officer The visit to the site

was preceded by consultations and briefings at Msimba Village offices chaired by

Kalia Y Russovu and attended by representative of the Tanzania Strategic Cities

Project in Kigoma Ms Miriam Mbaga.

The site inspection was uneventful throughout despite presence of several curious

local residents who trailed behind the inspection team and at times offering

clarification on boundary points and historical account of land ownership.

4.1 General description of the land to be acquired.

The total required land measures approximately 20 ha of land currently being

occupied by 15 individual peasants, an NGO that deals with Conservation of Forest

land and Environment care and the Msimba Village Government.

4.2 Location and locality. The project site is found on the left hand side of the Ujiji- Bitale Road opposite a

sparsely populated settlement on the left on an undulating terrain that gently rises to

the back up a ridge that is characteristically forest land. The general neighbourhood

is sparsely populated and apparently barren particularly on the side that the project

site is situated. The project site is criss-crossed with deep crevices that a result of

past gully erosion.

5.0 Methodology and Data sources for the Valuation and Compensation Assessment.

Prior to commencing valuation field surveys, the Consultant and Owners

representative met and had consultation with individuals who had been identified by

the local village leadership and as the rightful landowners to the required plot of land.

These consultations were aimed at providing the landowners with a background and

necessity of the project, explaining the compensation assessment process and

procedures that would be followed, establishing particulars of the landowners (i.e.

their full names and addresses), informing them of their rights to compensation and

seeking to establish the type of assets that each would stand to lose as a result of

the land acquisition.

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 6 of 23 IDA CREDIT No. 4727-TZ

5.1 Community Awareness about the Proposed Project

Several meetings had been held with the affected persons facilitated by the Kigoma-

Ujiji Municipal Council. A public meeting was held on 8th November 2011 attracting

164 villages for purpose of explaining the project needs and what it entailed. After the

briefings, the community/audience was allowed to ask questions. These questions

sought clarification on issues that were explained by the Consultant staff and largely

represented community concerns.Concerns raised by the Villagers on the impacts of

the project centred around the possibility of air and water pollution(see appendix 3-

Minutes).. The villagers agreed with the project promoters on three major issues:

1. That the project promoters undertake to exercise care when transporting waste so

as not to litter roads and surrounding areas

2. That the project promoters will maintain a modern facility for waste collection and

management that would ensure quality environment

3. That the Project compensates the individual landowners and in addition

constructs two classrooms for Msimba Village School. The decision on

construction of the two classrooms is conditional for Msimba Village to release the

land for the Waste Management facility.

Thus, there were two levels of consultation for purpose of preparing this report. The

first level was through public consultation meetings in the area while the second level

was the one-to-one consultation with the identified individual asset owners.

In the second level of consultation, individuals who had been identified by the

Consultants as having assets within the corridor of the Project Wayleave were

interviewed by the Valuation Consultant. The Valuation Consultant was tasked to

explain the compensation assessment processes and procedures, and to carry out

identification of the assets to be affected, do measurement and take photos.

Information obtained from these sources was used to develop a resettlement

eligibility matrix. It was then possible to reflect on the national laws and practices as

well as World Bank OP 4.12 to determine the required resettlement levels in the

project area.

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 7 of 23 IDA CREDIT No. 4727-TZ

5.2 Field Surveys

In the implementation of the envisaged Landfill project at Msimba Village in Kigoma

District, the Consultant employed services of qualified valuer who carried out the

assessments. To ensure conformity with national laws and land office practice, the

Valuer consulted with the Municipal Valuer to deliberate on the appropriate rates.

The Municpal Valuer was also appraised on the requirements of the Project to

comply with World Bank Safeguard Operational Policy (OP 4.12 Involuntary

Resettlement). The results of these consultations and eventually assessed

compensation values are presented under Appendix 1

When performing the field surveys, the Consultant was at all times accompanied by

the three local leaders who confirmed the boundaries claimed by the respective

PAP and their neighbours and certified that the property data was correctly

recorded in the field inspection sheets.

In brief the following was completed:

1. Identification of properties affected within the site required for acquisition,

2. Taking notes of the identified properties on the land in addition to crops,

3. Taking measurements of PAP land,

5.3 Individuals entitlement rights to land in Tanzania

Any person whose user rights to land have been curtailed by the state is entitled to

compensation under Section 3(g) and Section 156 of the Land Act of Tanzania. The

amount of compensation payable is to be assessed by a qualified valuer based upon

an assessment as to the value of the land and un-exhausted improvement, which

shall be reimbursed at ‘present market value’.

The Land Act specifically provides

‘…the market value of any land and un-exhausted improvement shall be arrived at by

use of comparative method evidenced by actual recent, sales of similar properties or

by use of income approach or replacement cost method where the property is of

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 8 of 23 IDA CREDIT No. 4727-TZ

special nature and not saleable..’ Section 4 of the Land (Assessment of the value for

compensation) Regulations, 2001.

To ensure conformity with national laws and land office practice, the Consultant met

with the Municipal Valuer and had to obtain approval of the Valuation from the Chief

Government Valuer.

5.4 Nature and Type of assets to be affected

In the project areas, the type of assets found includes land and crops mainly

seasonal. From the interviews, except for one family, all affected households had

been allocated the land in early 1980sunder a National Slogan ‘ Nguvu Kazi’ for

cultivation of cotton. In recent times, cotton farming was abandoned and farming

activities were almost halted except for a few who put their farm under cassava

cultivation. The entire site comprises of sparse bushes, indigenous trees of different

species (but not in full maturity) and quarry land.

The Msimba Village had granted a Community Organisation, the MEFODESO

around 500 acres of land, part of which is subject of acquisition for this project. The

MEFODESO is a forest conservation group that seeks to maintain the natural

quality of the environment of the area. About 9 acres of MEFODESO land would be

acquired for the Project.

In one instance, an ancestor landowner (the late Muhisi) occupied the land several

decades back and apparently was the only land occupier. This part of the site is the

most arable and is still under cultivation. Heirs to Muhisi with claims to

compensation are 27 which includes grand children from his three sons, Yusuf(the

main heir, but now deceased), Omari and Abdi. In the valuation data booking, these

27 claimants were represented by 5 individuals. Generally this lot of land is

commonly referred to by the rest of the villagers as Bin Yusuf’s land. The full list of

Muhisi’s heirs and claimants to compensation is summed up on Table 1 below.

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 9 of 23 IDA CREDIT No. 4727-TZ

Table 1: Main Occupiers of Land at Msimba’s Landfill Site.

S/No Name Remarks

1 Zena Yusuf Yusuf was married to three wives,

S/No.1-6 are from the first wife

2 Matatizo Yusuf

3 Zabibu Yusuf

4 Majid Yusuf

5 Ndikumwami Yusuf

6 Furaha Yusuf

7 Amina Yusuf S/No 7-15 Yusuf’s from 2nd wife

8 Hamad Yusuf

9 Asia Yusuf

10 Asha Yusuf

11 Mwamini Yusuf

12 Yahaya Yusuf

13 Hamida Yusuf

14 Juma Yusuf

15 Kuruthumu Yusuf

16 Akili Yusuf S/No 16-21, Yusuf’s from 3rd wife

17 Hawapendi Yusuf

18 Shukuru Yusuf

19 Zai Yusuf

20 Maisala Yusuf

21 Suleiman Yusuf

22 Fatuma Abdi

23 Iddi Abdi

24 Sadiki Abdi

25 Rehema Abdi

26 Omari Ramadhani

27 Dunia Omari Ramadhani Great Grand Child

Table No. 2 lists all the affected persons. Under this Table, 5 individuals from the

Muhisi family have been included to represent the rest of the family members as

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 10 of 23 IDA CREDIT No. 4727-TZ

agreed in a meeting with the family members on 3rd February 2012 at the Project

site.

Table 2: Affected Persons at the Proposed Msimba Landfill Site.

S/No Name Reference No.

1 Ally Musa Kagwanyi VAL/MHMB/MSIMB/01

2 Rajabu Omary Magambo VAL/MHMB/MSMB/02

3 Hussein Sakateko Ibrahim VAL/MHMB/MSMB/03

4 Edita Jonas Kasunzu VAL/MHMB/MSMB/04

5 John Gerald Kasunzu VAL/MHMB/MSMB/05

6 John Kalloli Micheal VAL/MHMB/MSMB/06

7 Ahmadi Yusufu Muhisi VAL/MHMB/MSMB/07

8 Dunia Omari Ramadhani VAL/MHMB/MSMB/08

9 Pili Luhega Bugerere VAL/MHMB/MSMB/09

10 Meshaki J. Soti VAL/MHMB/MSMB/10

11 Boaz Soti Jeremia VAL/MHMB/MSMB/11

12 Haruna Athumani Nkilamiyaga VAL/MHMB/MSMB/12

13 Omary Ramadhani Muhisi VAL/MHMB/MSMB/13

14 Hawa Abdi Muhisi VAL/MHMB/MSMB/14

15 Hawapendi Yusufu Muhisi VAL/MHMB/MSMB/15

16 MIFODESO VAL/MHMB/MSMB/16

17 Msimba Village Government VAL/MHMB/MSMB/17

5.5 Assessment of Compensation

The assets identified above qualify for compensation payment according to the

provisions of the Land Acquisition Act No. 47 of 1967 and the Land Act No. 5 of

1999.

In carrying out the assessment of land compensation, it was necessary to adhere to

the following procedures:

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 11 of 23 IDA CREDIT No. 4727-TZ

Serving Notice

The Land (Compensation Claims) Regulations, 2001 provides for serving notice to

owners of the asset to be issued by the Commissioner for Lands or authorized

officer. The statutory servicing notice is 60days. In the present case, notices had

been served through the Kigoma-Ujiji Municipal Valuation office during September-

October 2011 culminating in the Public Meeting that was held on 8th November 2011.

Valuation Assessment

The guiding principle adopted by the Consultant when determining the value of

compensation to be paid was that none of the PAP should be made worse off

compared to the situation they were in prior to the land been acquired for the project.

Compulsory land acquisition is well structured in most legislation worldwide including

Tanzania, which emphasises the right for a displaced person to receive fair

compensation for land that is subject to acquisition by the state for specific declared

objectives.

The valuation method used for this acquisition is based upon the provisions of the

Land Act No. 4 of 1999, which requires that the valuation to be based upon ‘market

values’ for land and crop compensation costs.

a) Land Compensation Costs.

Enquiries were made from individual land owners and local leaders to establish

indicative land sale prices based on recent transactions, which were advised to be

TZS 450,000/acre.

b) Crop Compensation Costs.

In assessing market value of crop compensation, reference was made to the ‘Crop

Compensation’ rates that the valuation division in the Ministry of Lands, Housing and

Human Settlement Development issued in May 2010, a copy of which is included in

Appendix II. These rates are compliant with the Regulations stipulated under S 179,

the Land (Compensation Claims) Regulations, 2001. However, it is to be noted that

the Project Site is barren with scattered bushes (thorny) and a number of natural

forest trees. We have included for each site the trees that had been agreed to by the

parties. These are what we have referred to as ‘miyombo’ in the report which are

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 12 of 23 IDA CREDIT No. 4727-TZ

characteristically found in grassland areas/savannah climatic zones. The adopted

rate for these trees is TZS 500 per stem.

Calculation of the Various Allowances

In addition to the present market value of those assets, a PAP is also entitled to a

number of other allowances dependent upon the type of assets they have to further

compensate them for any disruption they may be subjected to as a result of the

acquisition. These allowances are listed and calculated as follows:

a) Disturbance Allowance

In compliance with the provisions of the Land Act of 1999, a ‘Disturbance Allowance’

is payable to a PAP with ‘any’ asset (land, crop and/or dwellings), payable at a

percentage of those assets value.

This is calculated by charging interest on that assets value by a percentage rate of

interest offered by commercial banks on available fixed deposit accounts that were

available at the time of loss of interest in land.

i.e.: Disturbance allowance = (Land Value + Crops + Building Value) x i.

(i. = interest rate offered by commercial banks on 12 Months fixed deposits.

For this valuation a 12 Month fixed deposit account, at the rate of 6% per annum

was used as the ‘i’ value when calculating the disturbance allowance.

b) Accommodation Allowance Should a PAP also require relocating, then they shall be entitled to an

Accommodation Allowance calculated in accordance with the Land (Assessment of

the Value of Land for Compensation) Regulations, 2001, by considering market

rents of a similar affected dwelling and multiplying this figure by 36 months, the time

considered appropriate for the PAP to construct an alternative dwelling:

i.e. Accommodation Allowance = Rent/p.m. x 36 Months.

None of the Claimant qualified for this allowance at Msimba Village

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 13 of 23 IDA CREDIT No. 4727-TZ

c) Transport Allowance

Additionally should a PAP require relocating they shall also be entitled to claim a

transportation allowance for moving their personal belongings from one dwelling to

another. This is normally calculated by considering the actual cost of transporting 12

tons of luggage by rail or road (whichever is cheaper) within 20 Kilometres from the

point of displacement.

i.e. Transport allowance = 12tons x Actual Cost/ton/km x 20km

None of the Claimant qualified for this allowance at Msimba Village

6.0 Handling Complaints and Grievances

The establishment of Land Tribunals in Tanzania (2002) has eased the procedure for

handling objections and disputes by making it possible for the poorer community to

present their cases at ward level (not too far away from their normal place of abode),

rather than national level which may require lengthy and expensive travelling. The

Land Act No. 4 of 1999 also protects a PAP by permitting them to make an appeal

against decisions related to any compensation payment they may be entitled to,

however disputes are limited to compensation sums, types and the time-frame in

which the compensation is made. This said, it’s also important to note that no one

cannot oppose any land acquisition when it has been made in accordance with the

Tanzanian Land Acquisition Act of 1967.

6.1 Reporting Procedure.

It is normal for the PAP to first report a grievance to the Owner and to try and

negotiate a mutually acceptable resolution. If this cannot be agreed, then the PAP

then has the right to lodge an appeal to the respective DLO for further determination.

If still not satisfied with this decision then the PAP may then file a case to Ward or

District Land Tribunal level for final resolution.

This procedure is particularly effective for small projects such as this where the

promoter can constructively engage with the PAP, but when a project impacts a

larger community, these type of direct negotiations may not be possible and in fact

be cause for further grievances, usually as result of lack of impartiality or consistency

in treating claims.

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 14 of 23 IDA CREDIT No. 4727-TZ

Accordingly it is recommended that the Owner continues to adhere to the following

throughout the acquisition process so to avoid any potential claim or conflict with any

PAP:

i. Continue to apply an educational and consultation program throughout the

implementation, monitoring and evaluation phase to explain the compensation

procedure, a PAP rights to compensation, his grievance mechanism and how

sums payable have been calculated prior to making any monetary payments.

ii. For the first week after which the compensation has been paid, establish a

dedicated desk at Ward level which is staffed with a skilled person who is able to

respond to any queries that are brought to their attention by any PAP. The desk

officer should be cautious that a PAP may make un-justified claims and demands

that should be channelled through higher management for resolution. Local

leaders (Village Executive Officer) could assist the Owners staff in handling such

cases.

6.2 Handling Delays.

Under national law (Land Act) any compensation payment due to a PAP that is

delayed by more than six months from the actual date of assessment will attract a

penalty that is calculated at the commercial bank deposit interest rates over the delay

period (exceeding 6 months). In this case the calculation date was the date that the

site survey was completed on the 2nd and 3rd February 2012. Delayed payments

have been highly publicised in the local media and prompt payment of compensation

should be made if the Owner is to avoid any unnecessary claims by a PAP. Given

that notice has already been served, should the project be delayed or cancelled for

what reason past the six months allowable delay period then, the Owner should

immediately notify the PAP that the Owner no longer wishes to acquire the land so as

to avoid any future conflict.

6.3 Implementation of the Project

Under the Land Acquisition Act of 1967 it is very rare and not permitted for a claimant

to object to the compulsory acquisition of their land, but in some unfortunate cases

there is a possibility that certain individuals will object to the procedure and

compensation sums payable. In case of a protracted objection , the procedure to be

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 15 of 23 IDA CREDIT No. 4727-TZ

followed under the Act is for the new landowner (i.e Kigoma-Ujiji Municipal Council)

to deposit the approved compensation sum with the respective District Land Officer

(in this case, the Kigoma District Land Officer- usually through the District Executive

Director) or the District Magistrate and proceed with the project. The DLO would then

issue the new owner with ownership documentation for the land. In effect, the new

landowner takes charge of the land as soon as he has paid for all third party interests

on the land whether directly or indirectly to the claimants.

7.0 Standard Limiting Conditions

Statutory Notices

During the valuation exercise, all reasonable efforts were made to establish whether

there was any existing covenants or statutory notices served on any of the affected

properties that may impinge on the land acquisition exercise. The Consultants were

not informed of any such notices.

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 16 of 23 IDA CREDIT No. 4727-TZ

8.0 Valuation Summary.

Table No. 3 summarises valuation and compensation assessment from the above exercises (all figures in Tshillings..

Table 3: Compensation Sums for Msimba Landfill Site S/No Name Reference No. Crop Land Disturban

ce Total

1 Ally Musa

Kagwanyi

VAL/MHMB/MSI

MB/01

25,000 435,160 27,610 488,000

2 Rajabu Omary

Magambo

VAL/MHMB/MS

MB/02

12,500 218,350 13,851 245,000

3 Hussein

Sakateko

Ibrahim

VAL/MHMB/MS

MB/03

12,500 196,350 12,531 221,000

4 Edita Jonas

Kasunzu

VAL/MHMB/MS

MB/04

34,550 463,650 29,892 528,000

5 John Gerald

Kasunzu

VAL/MHMB/MS

MB/05

35,000 281,600 18,996 336,000

6

John Kalloli

Micheal

VAL/MHMB/MS

MB/06

25,000 346,500 22,290 394,000

7

Ahmadi Yusufu

Muhisi

VAL/MHMB/MS

MB/07

17,500 1,215,830 74,000 1,307,000

8

Dunia Omari

Ramadhani

VAL/MHMB/MS

MB/08

17,500 1,215,830 74,000 1,307,000

9

Pili Luhega

Bugerere

VAL/MHMB/MS

MB/09

25,000 647,900 40,374 713,000

10 Meshaki J. Soti

VAL/MHMB/MS

MB/10

18,750 428,450 26,832 474,000

11 Boaz Soti Jeremia

VAL/MHMB/MS

MB/11

22,500 357,500 22,800 403,000

12

Haruna Athumani Nkilamiyaga

VAL/MHMB/MS

MB/12

37,500 517,550 33,303 588,000

13

Omary Ramadhani Muhisi

VAL/MHMB/MS

MB/13

17,500 1,215,830 74,000 1,307,000

14 Hawa Abdi Muhisi

VAL/MHMB/MS 17,500 1,215,830 74,000 1,307,000

 

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project IDA CREDIT No. 4727-TZ

Appendix I – Detailed Valuation and Compensation Assessment

RAP FOR MSIMBA LANDFILL SUB‐PROJECT, KIGOMA

NO. JINA LA MMILIKI MAELEZO YA MALI ENEO/KIASI KIWANGO/MITA ZA MRABA

ASILIMIA FIDIA POSHO YA USUMBUFU (6%)

FIDIA STAHILI

1 MAZAOMiti ya Miyombo 200 500 25 25,000

ARDHI 3956 110 435,160

JUMLA NDOGO 460,160 27,610 488,000

2 RAJABU OMARY MAGAMBO VAL/MHMB/MSMB/02

MAZAO

Miti ya Miyombo 100 500 25 12,500

ARDHI 1985 110 218,350

JUMLA NDOGO 230,850 13,851 245,000

3 HUSSEIN SAKATEKO IBRAHIM VAL/MHMB/MSMB/03

MAZAO

Miti ya Miyombo 100 500 25 12,500

ARDHI 1785 110 196,350

JUMLA NDOGO 208,850 12,531 221,000

4 EDITA JONAS KASUNZU VAL/MHMB/MSMB/04

MAZAO

Mwembe 1 41600 50 20,800

Miti ya Miyombo 110 500 25 13,750

34,550

ARDHI 4215 110 463,650

JUMLA NDOGO 498,200 29,892 528,000

5 JOHN GERALD KASUNZU VAL/MHMB/MSMB/05

MAZAO

Miti ya Miyombo 140 500 50 35,000

ARDHI 2560 110 281,600

JUMLA NDOGO 316,600 18,996 336,000

ALLY MUSA KAGWANYI VAL/MHMB/MSIMB/01

Valuation and Compensation Assessment  18 of 23

RAP FOR MSIMBA LANDFILL SUB‐PROJECT, KIGOMA

6 JOHN KALLOLI MICHEAL VAL/MHMB/MSMB/06

MAZAO

Miti ya Miyombo 200 500 25 25,000

ARDHI 3150 110 346,500

JUMLA NDOGO 371,500 22,290 394,000

7 AHMADI YUSUFU MUHISI VAL/MHMB/MSMB/07

MAZAO

Miti ya Miyombo 140 500 25 17,500

ARDHI 11053 110 1,215,830

Posho ya Usumbufu 1,233,330 74,000 1,307,000

8 DUNIA OMARI RAMADHANI VAL/MHMB/MSMB/08

MAZAO

Miti ya Miyombo 140 500 25 17,500

ARDHI 11053 110 1,215,830

JUMLA NDOGO 1,233,330 74,000 1,307,000

9 PILI LUHEGA BUGERERE VAL/MHMB/MSMB/09

MAZAO

Miti ya Miyombo 200 500 25 25,000

ARDHI 5890 110 647,900

JUMLA NDOGO 672,900 40,374 713,000

10 MESHAKI J. SOTI VAL/MHMB/MSMB/10

MAZAO

Miti ya Miyombo 150 500 25 18,750

ARDHI 3895 110 428,450

JUMLA NDOGO 447,200 26,832 474,000

11 BOAZ SOTI JEREMIA VAL/MHMB/MSMB/11

MAZAO

Miti ya Miyombo 90 500 50 22,500

ARDHI 3250 110 357,500

JUMLA NDOGO 380,000 22,800 403,000

Valuation and Compensation Assessment  19 of 23

RAP FOR MSIMBA LANDFILL SUB‐PROJECT, KIGOMA

12 HARUNA ATHUMANI NKILAMIYAGA VAL/MHMB/MSMB/12

MAZAO

Miti ya Miyombo 150 500 50 37,500

ARDHI 4705 110 517,550

JUMLA NDOGO 555,050 33,303 588,000

13 OMARY RAMADHANI MUHISI VAL/MHMB/MSMB/13

MAZAO

Miti ya Miyombo 140 500 25 17,500

ARDHI 11053 110 1,215,830

JUMLA NDOGO 1,233,330 74,000 1,307,000

14 HAWA ABDI MUHISI VAL/MHMB/MSMB/14

MAZAO

Miti ya Miyombo 140 500 25 17,500

ARDHI 11053 110 1,215,830

JUMLA NDOGO 1,233,330 74,000 1,307,000

15 HAWAPENDI YUSUFU MUHISI VAL/MHMB/MSMB/15

MAZAO

Miti ya Miyombo 140 500 25 17,500

ARDHI 11053 110 1,215,830

JUMLA NDOGO 1,233,330 74,000 1,307,000

16 MIFODESO VAL/MHMB/MSMB/16 MAZAOMiti ya Miyombo 2500 500 25 312,500

ARDHI 89450 110 9,839,500

JUMLA NDOGO 10,152,000 609,120 10,761,000

17 SERIKALI YA KIJIJI CHA MSIMBA VAL/MHMB/MSMB/17

MAZAO

Miti ya Miyombo 1500 500 25 187,500

ARDHI 21560 110 2,371,600

JUMLA NDOGO 2,559,100 153,546 2,713,000

JUMLA                24,399,000 

Valuation and Compensation Assessment  20 of 23

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project IDA CREDIT No. 4727-TZ

Appendix II - ‘Crop Compensation’ rates from the Ministry of Lands,

Housing and Human Settlement Development, May 2010

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 21 of 23 IDA CREDIT No. 4727-TZ

I TABLE NO.1 PERENNIAL CROPS

TYPE OF CROP MARKET VALUE IN T.SHS.

Per Hectare Per Stem or cluster

S/N. Plant Pop. per

Hectare

Average Cared

Matured Crop

Average Cared

Matured Crop “A”

Crops Btw

Seedlings to First Harvest

(Say 50% of “A”)

Aged Crops (Say 25% of

“A”)

Seedlings (Say 10% of “A”)

A CASH CROPS

1 Coconut (Minazi) 125 7,150,000 57,200 28,600 14,300 5,720

2 Cashewnuts (Mikorosho)

100 3,796,000 37,960 18,980 9,490 3,796

3 Sugar cane (Miwa) 12,500 26,000,000 2,080 1,040 520 208

4 Oil palm ( Michikichi)

150 4,680,000 31,200 15,600 7,800 3,120

5 Cloves (Mikarafuu) 200 14,560,000 72,800 36,400 18,200 7,280

6 Msufi 200 2,600,000 13,000 6,500 3,250 1,300 7 Tobacco 13,000 10,400,000 800 400 200 80 8 Sisal 5,000 20,000,000 4,000 2,000 1,000 400 9 Cocoa 1,000 20,000,000 20,000 10,000 5,000 2,000

10 Cotton 40,000 32,000,000 800 400 200 80 11 Coffee 2,000 40,000,000 20,000 10,000 5,000 2,000 B FRUITS 1 Ovacado

(Mparachichi) 100 3,380,000 33,800 16,900 8,450 3,380

2 Ovacado (improved) 150 9,000,000 60,000 30,000 15,000 6,000

3 Tangarine (Mchenza)

250 8,450,000 33,800 16,900 8,450 3,380

4 Oranges (Machungwa)

250 9,100,000 36,400 18,200 9,100 3,640

5 Lemon (Ndimu) 250 3,250,000 13,000 6,500 3,250 1,300 6 Mlimau (Lemon

improved) 250 3,250,000 13,000 6,500 3,250 1,300

7 Mango (mwembe) 75 3,120,000 41,600 20,800 10,400 4,160

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 22 of 23 IDA CREDIT No. 4727-TZ

8 Mango(Mwembe) improved

150 12,480,000 83,200 41,600 20,800 8,300

9 Guava (Mpera) 150 2,340,000 15,600 7,800 3,900 ,560 10 Jackfruit (Mifenesi) 75 2,340,000 31,200 15,600 7,800 3,120

11 Bananas(Migomba 6)

750 21,450,000 28,600 14,300 7,150 2,860

12 Pinaples (Minanasi) 10,000 15,600,000 1,560 780 390 156

13 Pawpaw (Mipapai) 800 8,000,000 10,000 5,000 2,500 1,000

14 Mikweme (Oyster nuts)

150 4,680,000 31,200 15,600 7,800 3,120

15 Kongamanga 250 1,300,000 5,200 2,600 1,300 520 16 Mistafeli (Custard

apple) 350 3,640,000 10,400 5,200 2,600 1,040

17 Mitende (Date palm) 125 650,000 5,200 2,600 1,300 520

18 Passion fruits 1,111 4,444,000 4,000 2,000 1,000 400 19 Pears 156 6,489,600 41,600 20,800 10,400 4,160 20 Apples 156 6,489,600 41,600 20,800 10,400 4,160 21 Plums/Peaches 156 6,489,600 41,600 20,800 10,400 4,160 22 Mlozi (Almond) 150 3,120,000 20,800 10,400 5,200 2,080 23 Walnuts 150 5,694,000 37,960 18,980 9,490 3,796 24 Chestnuts 150 5,694,000 37,960 18,980 9,490 3,796 Note: For improved varieties like mango, citrus, guava etc. compensation will base

on costs provided by the farmer upon approval by professional horticulturist C SPICES 1 Cardamon (Iliki) 800 3,200,000 4,000 2,000 1,000 400 2 Cinamomum

(Mdalasini) 1,500 6,240,000 4,160 2,080 1,040 416

3 Black pepper (Pilipili Manga)

1,500 7,800,000 5,200 2,600 1,300 520

4 Tangawizi (Ginger) 5,000 19,000,000 3,800 1,900 950 380

5 Macademia nuts 100 3,796,000 37,960 18,980 9,490 3,796 6 Vanilla 1,000 10,000,000 10,000 5,000 2,500 1,000 7 Flowers 2,500 10,000,000 4,000 2,000 1,000 400 8 Rossela 2,500 10,000,000 4,000 2,000 1,000 400 9 Alovera 2,500 10,000,000 4,000 2,000 1,000 400

10 Litch (Shokishoki) 100 20,000,000 200,000 100,000 50,000 20,000

11 Mashelisheli 100 20,000,000 200,000 100,000 50,000 20,000 D OTHERS 1 Mchikichi (Palm) 2 Mianzi (Bambo) 100 20,000,000 200,000 100,000 50,000 20,000 3 Mzabibu (Grape) 2,857 11,428,000 4,000 2,000 1,000 400

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project 23 of 23 IDA CREDIT No. 4727-TZ

4 Msufi (Kapok) 200 2,600,000 13,000 6,500 3,250 1,300 5 Mlozi (Indian

Almondi) 250 3,250,000 13,000 6,500 3,250 1,300

6 Mzeituni 400 33,280,000 83,200 41,600 20,800 8,320 7 Mkungumanga

(Nutmeg) 400 5,200,000 13,000 6,500 3,250 1,300

Abbreviated Study on Resettlement Action Plan for Msimba Landfill Sub-Project

Tanzania Strategic Cities Project IDA CREDIT No. 4727-TZ

Appendix III – Msimba Village Meeting Minutes on Proposed Landfill Sub-Project