Tanzania's Parliament is mulling a review of the grazing land
law blocking livestock from crossing borders to feed, in a move that
could see neighbouring pastoral communities pay hefty fines whenever
their herds breach the common borderline.
“A
person shall not move an animal into mainland Tanzania for the purposes
of grazing or accessing water,” states one of the clauses in proposed
amendments to the Grazing Land and Animal Feed Resources Act.
Violators
of the new law will be liable to minimum fines of Tsh20,000 ($8.70) and
Tsh100,000 ($43.50) per animal, depending on the type of herd involved.
Cattle, donkeys, horses and water buffalos are cited in the more
expensive category; goats, pigs and “such other animals” in the other.
“Where
a person fails to pay the fine within seven days the court may, in
addition to any other penalty that may be imposed, order confiscation of
the animals in respect of which the offence was committed, and all
animals confiscated shall be disposed of in the manner which the court
directs,” the proposed law states.
In
his statement on reasons for the proposed law change which forms part
of the Written Laws (Miscellaneous Amendments) Act 2020, Attorney
General Adelardus Kilangi said that it is aimed at, among other things,
"restricting entry of animals from outside Tanzania with a view to
protecting grazing land resources."
The Bill is set for a second reading when Parliament resumes its sittings in April.
Effective implementation of such laws would be
difficult, given the cultural ties between tribes that share borders
like the Maasai and Kuria.
"This
(proposed) law is a stand-alone and does regional integration no
favours. The fashioners of this law took no consideration that
illegalizing something is one thing – implementing is another," said
Nick Oyoo Kasera, a social analyst.
According
to former Tanzanian government law draftsman Florian Rutahindurwa, the
promulgators of the proposed law were likely seeking to "curb mischief
like cross-border cattle rustling and gun crime triggered by pastoral
conflicts."
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