Report on Citizenship Law: Tanzania
or not one was a native depended on the facts of each case20. The status of biracial children
was also of concern to the colonialist administrators. Legally, biracial children assumed the
nationality of their fathers; however, the colonial state decided cases on individual basis after
examining people’s “standard and mode of their life”21. In addition, ‘Commonwealth citizens’
(citizens of Canada, Australia, New Zealand, South Africa, Newfoundland, India, Pakistan,
Southern Rhodesia and Ceylon (Sri Lanka)) could register as ‘citizens of the UK and colonies’
based only on twelve months residence – including in a protectorate.22
The status of the natives of Tanganyika was defined in the 1949 Order in Council which
rendered persons born in a trust territory (as well as a protectorate), before or after its
enactment, British protected persons. Their status was also extended to persons born outside
the trust territory to a father born in that territory, and to persons born after the enactment of
the Order to a father who was a born in the trust territory or was by then a British protected
person23. Since Tanganyika did not have a separate nationality law until it attained
independence, all Tanganyikans held the status of British protected persons. As British
protected persons, Tanganyikans enjoyed the protection of the Her Majesty, but did not have a
right to either a passport or diplomatic protection24.
What seems clear is that much as the Act seemed to extend to the colonies and mandated
territories or trusteeships, it only applied to those that were of British descent or from states
with a privileged status with Britain. It was never meant to extend citizenship status to the
colonised. Moreover, compared to the Africans, the Indians and Pakistanis enjoyed a privileged
status. It is no surprise then that the issue of race cum indigeneity would always be central to
Tanganyika’s later debates on citizenship.
As Africans fought for independence, one of the main issues they faced was with regard
to the criteria for membership in the post-colonial community. In Tanganyika, as a result of the
racial segregation that had characterised the colonial era, the debate on the inclusivity or
exclusivity of Tanganyika citizenship revolved around race25. While some leaders, including
Julius Nyerere, the leader of the Tanganyika African National Union (TANU), and later, first
president of the independent Republic, advocated for an all-inclusive citizenship that
recognised the various races in Tanganyika at the time, others were in favour of a definition
that recognised as citizens only the indigenous Africans.
20
This was the position taken in the case of Purshottam Narandas Kotak V A Ali Abdullah [1957] 1 EA 321
(CAD), available at https://www.academia.edu/36861132/EA_LAW_REPORTS_1957_VOL_1, pp. 573 – 582,
accessed 9 September 2019. In this case, ‘native’ was defined in accordance with section 2 of the Credit to
Natives (Restriction) Ordinance to mean ‘any member of any African race, and includes a Swahili, but does not
include a Somali or an Abyssinian’.
21
J Brennan (2002), Nation, Race and Urbanization in Dar es Salaam, Tanzania, 1916-1976: PhD diss.,
Northwestern University, p. 277.
22
British Nationality Act 1948, sections 1(3), 6 and 8.
23
The British Protectorates, Protected States and Protected Persons Order in Council, 1949, section 9.
24
See M Jones, British Nationality Law, (Clarendon Press, Oxford 1956), p. 195. The ambivalence of one’s
status as a British protected person was illustrated in the case of Ahmed Seif Kharusi, a former British protected
person, who upon applying for British nationality, it had to be decided whether he had become a citizen of
Tanzania, in which case he had lost his status as a British protected person, or if he was stateless in which case
he might qualify for naturalization or registration as a British national. A debate on the status of Ahmed Seif
Kharusi can be found in a Hansard - Modifications of British Nationality Acts HC Deb 17 June 1969 vol 785
cc406-12,available at https://api.parliament.uk/historic-hansard/commons/1969/jun/17/modifications-of-britishnationality-acts, accessed 22 February 2020
25
Aminzade (2013a), supra note 5 at p. 115.
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RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)