mfumo wa kuunganisha biashara tanzania connecting corporate ...

MFUMO WA KUUNGANISHA BIASHARA TANZANIACONNECTING CORPORATE TANZANIAAPPLICATION FOR REGISTRATION OF INTELLECTUAL PROPERTY (COPYRIGHT)UNDER THE COPYRIGHT AND NEIGHBORING RIGHTS ACT, NO. 7 OF 1999FOR THE PROPERTY DATA PROFILING SYSTEM (PDP)BY NYAGA MAWALLATOCOPYRIGHT SOCIETY OF TANZANIA1

Table of ContentsStatutory Declaration................................................................................................... 4Abbreviations and terms used....................................................................................... 5Introduction............................................................................................................... 6Property Data Profiling (PDP) sytem............................................................................. 7Property Data Profiling System Functionality.................................................................... 9User dashboard........................................................................................................... 9Land Tenure ............................................................................................................... 11• Customary Rights of occupancy• Granted Right of occupancy• Derivative Right• Customary Lease• Village LandTitle and legal Information ......................................................................................... 18• Right of Occupancy- Right of Occupancy- Land Address- History of Right of Occupancy• Condition on Right of Occupancy- Condition of the right of Occupancy- Building on the Right of Occupancy- Change / Variation of use• Disposition of Right of Occupancy- Change of Ownership• Encumbrances- Mortgage- Lease- Licence- Notice of Deposit- Third Party Rights granted• Subdivisions and Partitions- Combinations of parcelsProperty Description .................................................................................................. 31• Commercial Property- Town Planning- Economic Data- Specific Data- Schedule of Accommodation- Condition of property- Income and Expenses Data2

• Agricultural Property- Community Development- Soil Rating- Soil Yield- Crop Production- Animal Production- Trees in the SystemInsurance Information................................................................................................ 59Environmental Matters ............................................................................................... 60• Physical condition• Ongoing operations at the property• Indoor and miscellaneous environment issues• Adjacent Properties• Documentation to be reviewedUser dashboards........................................................................................................ 68INSERT IN SLEEVECD containing the digital version of the PDP system designCD containing the digital version of the PDP system documentation3

Statutory DeclarationI, Nyaga Paul Mawalla, of Mawalla Advocates, Mawalla Law Offices, Mawalla Heritage Park, Plot No175/20, P.O.Box 6101, Arusha do solemnly and sincerely declare as follows:The works contained in this booklet comprising of a computer program titled the Property DataProfiling System and also contained in two Compact Discs annexed hereto, labeled system designand system documentation are authored by myself and I have not infringed any copyright duringthe authorship of this Computer Program.I make this declaration conscientiously believing the same to be true and by virtue of the Oaths andStatutory Declarations Act................................................................................This .................... day of .................................. 2010Before me ...............................................................Dated at ............................... this .................... day of .................................. 20104

Abbreviations and terms usedCD/DVDi.e.PDPR & DCompact Disc/Digital Versatile DiscSuch as / that isProperty Data ProfileResearch and DevelopmentMKURABITA“Mpango wa Kurasimisha Rasilimali naBiashara za Wanyonge Tanzania”5

IntroductionThe Tanzanian government is working hard to create opportunities for our country’s citizens toraise themselves from poverty. One selected route is to open up our economy both to internal andoutside investment, which Government did by passing enabling legislation such as the TanzaniaInvestment Act No. 26 of 1997.Another route - and a key Act of enabling legislation - was the Land Acts passed in 1999, whichgovern land ownership and management. Significant aspects of this legislation are that for thefirst time in decades land is recognized as a commodity, while a gender balance in ownership isencouraged.Government and academics have identified that a massive store of potential development capital isembodied in Tanzania’s extensive lands and thousands of small businesses. However, this treasuretrove of capital is mainly inaccessible due to inadequate regulations and the lack of governmentcapacity to swiftly process and record land ownership and transactions.It is for this purpose that the Tanzanian government introduced its MKURABITA programme, whichaims at amending laws and procedures so that Tanzanians can tap into the intrinsic capital intheir land, businesses and assets. The MKURABITA programme intends facilitating land ownership(buying or selling land).Due to client demand, Mawalla Advocates established a trust division (Mawalla Trust Limited) in2005 to warehouse client properties, funds and company shares. The Mawalla Trust rapidly grew toamong the biggest in Tanzania, with assets held in trust growing to over USD 5 million by 2009. Over250 of these assets were properties and the Mawalla Trust became aware that many clients werefrustrated by bureaucratic difficulties in registering their property ownerships and transactions.Since its original inception the Mawalla Group has sought out innovative products and servicesthat can add value for its clients. We therefore identify emerging trends in the legal, business andtechnical domains with a view to entering and developing new market niches.As a consequence, in 2007 the Mawalla Trust commissioned its own property data profiling software,which was designed to keep its clients’ land ownership and transaction information up to dateand in order. By 2009 this proprietary web-based database for real estate management was fullyfunctional. It is the first – and still only – software of its kind in Tanzania.Another key 2009 event was the decision taken by Mawalla Advocates and Mawalla Trust Limited- due to their growing portfolio of clients and continuing demand for value-added services - toexpand into a broader Mawalla Group. Being determined to maintain the renowned Mawalla highservice levels, Mawalla Advocates, the law firm, and the Mawalla Trust, which holds funds, sharesand properties on behalf of its clients, became the foundation of the new Mawalla Group, in whichspecific services were spun off into Corporate Services, Financial Services and Real Estate businessunits. The land related functions of these units are efficiently enabled through the PDP system.During this process, the Mawalla Group rebranded and repositioned itself in the marketplace, whileduring which it identified and cut out its own non-essential land costs through its PDP system.The choice of business services now offered by the Mawalla Group, underpinned by 50 years ofindependent legal experience, is set to revolutionize Tanzania’s corporate culture and add impetusto the raising of capital against assets.6

Property Data Profiling (PDP) systemAs outlined in the accompanying official documentation, this application for registration is for theProperty Data Profiling (PDP) system. If this registration is finalized within a reasonable period,by the end of 2011 Mawalla Corporate Services can have rolled the PDP programme out acrossTanzania.The PDP system offers at-a-glance land information management by recording the following:• Land category i.e. urban, rural, village• Registered title deed reference numbers• Premiums and rentals paid• Property location• Registering office• Land ownership and changes of ownership, if applicable• Any land partitioning and the date thereof• Any combinations of land portions• Supporting descriptions, including risk assessments.Property information can be swiftly called up from the PDP database system and saved to a CDor flashdrive. Each property file should contain full property histories, including all changes to theproperty status from the original owner onward.MKURABITA will be accelerated by registering the Property Data Profiling systemFaster, more extensive recording of property ownership and transactionsLand owners will be encouraged to formally register their properties and related transactions, asapplications can be quickly and easily processed at significantly reduced costs.Encouraging a culture of land registrationMany land owners are unaware of, or lack access to, property registration facilities. The PDP systemwill encourage land owners to register.Expanding the national capital pool for business and property developmentWith proper registration, landowners can raise capital to develop their properties and businesses.As espoused by Chilean economist Hernando de Soto Polar - whose economic philosophy lays at theheart of the MKURABITA programme - development capital raised in this manner can accelerate thegrowth of the Tanzanian economy in a sustainable manner.Broadening the tax base and increase revenueThousands of property owners pay little or no tax on land transactions as many of these aren’tofficially recorded. The PDP system can effectively bring many landowners into the tax net.Tanzania’s tax base and revenues will grow and additional funds will become available for buildinginfrastructure and raising more Tanzanians out of grinding poverty.7

In ConclusionAs a proven innovator, the Mawalla Group is proud to lead the way again by developing our PropertyDatabase Profiling (PDP) system and making it available to the Tanzanian public.This release has enabled the Mawalla Group to incorporate our real estate expertise and bestpractices into Tanzania’s legal framework, all within a user-friendly and state-of-the-art softwaresystem. Our clients now have access to a complete one-stop shop real estate solution.Commercial banks are showing great interest, with the leadings Banks already taking up the PDPsystem, while we intend offering it to the Tanzanian Government in a Public Private Partnership(PPP) that will accelerate the Government’s recording of land ownership and transactions.I have no doubt that promptly registering the Property Data Profiling programme can be instrumental inassisting the Tanzanian government’s MKURABITA system to meet its developmental objectives.Best regardsNyaga Paul Mawalla.....................................................Applicant20108

Property Data Profiling System Functionality9

Mawalla Road • Mawalla Heritage ParkMawalla Law Offices • Plot No. 175/20P.O. Box 6101 • Arusha • TanzaniaTelephone +255 754 282 038Telephone / Facsimile +255 732 972 468www.mawalla.com72