Report on Citizenship Law: Tanzania
country, a right that is exclusive to its own citizens114. Such rights include the right to vote and
the right to be elected in a public office.
Furthermore, a citizen by naturalisation may be deprived of his or her citizenship for any
of the following reasons115:
i.
The certificate of naturalisation was obtained by means of fraud, false representation
or the concealment of any material fact.
ii.
Demonstrating, by act or speech, disloyalty or disaffection towards the Tanzania.
iii.
Unlawfully trading or communicating with any enemy with which Tanzania is at war.
iv.
Serving a prison sentence of more than twelve months, in any country, within five years
of being naturalised.
v.
Residing in foreign countries for a continuous period of five years without registering
with the Tanzanian Diplomatic mission annually, or notifying the Minister of the
intention to retain Tanzanian citizenship.
Additionally, a person who was a citizen by naturalisation or registration of another
country gets deprived of that citizenship for reasons similar to any of those above, may also be
deprived of their Tanzanian citizenship. It is however, hard to think of a situation where this
may arise if the law prohibits dual citizenship in the first instance.
Before the Minister makes the citizenship deprivation order, he or she must be satisfied
that the continuation of one’s Tanzanian citizenship is conducive to the public good; and must
give the person concerned a notice in writing informing him or her of the ground for the
deprivation, and of his or her right to an inquiry before a Commission of Inquiry comprised of
members appointed by the Minister116.
3.4 Due process
The law on naturalisation and deprivation of citizenship in Tanzania vests considerable
discretion in the executive or Minister. The naturalisation process, despite being quite
prohibitively arduous and costly, ends with the minister having to make the final decision,
which may or may not be in accord with the recommendations. The Act explicitly states that
the Minister’s decision need not give reasons for his or her decision regarding the refusal to
grant citizenship, and that decision is final and not subject to judicial review or appeal. This
probably explains the scarcity of court cases challenging the minister’s refusal to grant
citizenship.
In contrast, the process of revocation of one’s citizenship by naturalisation entails some
accountability and transparency safeguards that would guard against an arbitrary ministerial
order. This includes the requirement for the minister to inform the affected person of the
proposed grounds for the decision and the right to an inquiry before Commission of Inquiry.
These safeguards have, however, been flouted on numerous occasions leading to arbitrary
deprivations of citizenship, some of which have been contested in courts of law117. Moreover
114
TCA, section 14.
TCA, section 15(1-2).
116
TCA, sections 15 & 16.
117
Examples on domestic cases provided under section 4 below.
115
16
RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)