Caroline Nalule and Anna Nambooze
this direction was that of nationalisation of previously privately owned enterprises including
land, factories, plantations, mines, banks, and other economic enterprises77. Labour relations,
salaries, and work condition were dictated by the state.
There were a further two separate significant developments, almost a decade later. The
first was the merger of TANU and the ASP to one political party, Chama cha Mapinduzi
(CCM), as the overall ruling party78, thus cementing the already constitutionally recognised
one-party policy. Secondly, the interim constitution was replaced with the Constitution of
Tanzania, 1977. This Constitution essentially re-instated the provisions of the interim
constitution, notably, it provided for a strong presidency, single party rule, and retention of the
two-tier structure of government; a Zanzibar government and a Union government, as
mentioned above. While new constitution reflected new political developments in the country,
just like the interim constitution, it did not contain elaborate provisions on citizenship
acquisition, status and loss. Rather, it spelt out rights and freedoms to be enjoyed by all, though
specific to citizens is the right to vote79; the citizen’s right to freedom of movement and the
right to live in any part of the country80; the right to participate in public affairs81; the right to
equal opportunity and equal terms to hold any office or function under state authority82. In
promoting equality, the constitution expressly prohibits a citizen from having a ‘right, status or
special position on the basis of his lineage, tradition or descent’83. In addition, article 39(1) (a)
and 47(4)(a) require that a person must be a citizen by birth to hold office of the president or
vice president; and article 67(1) requires that a person must be a citizen in order to be a Member
of Parliament. There were subsequent amendments to the Constitution but none that
substantially affect the provisions of the citizenship law. The laws on citizenship as discussed
above continued to be in existence until 1995.
3. Tanzania’s Current Citizenship Regime
In 1995, the Citizenship Act 1961 was repealed and amendments were made to Decree (No.
5), 1964 with the enactment of the Tanzania Citizenship Act, 1995 (TCA). The law aimed at
consolidating the laws relating to citizenship in Tanzania- Mainland and Tanzania-Zanzibar.
This law together with its regulations remain the current law in force in Tanzania84. The Act
recognises the citizenship status acquired under the repealed laws, yet it also does away with
‘citizenship by registration’. Rather, what it does is to converts the registration status to one of
naturalisation. Furthermore, the Act preserves all citizenship renunciations and deprivations
that occurred under the repealed laws85.
77
For further details on the Arusha Declaration and Ujamaa, see, for instance, Coulson, supra note 8, pp. 215223; I G Shivji (1995), ‘The Rule of Law and Ujamaa in the Ideological Formation of Tanzania’, Social and
Legal Studies, Vol. 4, No. 2, pp.147-174.
78
H Othman (2009), ‘Tanzania: Beyond sectarian Interests’ Pambazuka News, April 30, 2009, available at
https://www.pambazuka.org/governance/tanzania-beyond-sectarian-interests, accessed 27 July 2019)
79
The Constitution of the United Republic of Tanzania, 1977, Chapter 2, article 5 (1).
80
Ibid, article 17(1).
81
Ibid, article 21.
82
Ibid, article 22.
83
Ibid, article 29 (3 & 4).
84
The Tanzania Citizenship Act, Chapter 357, Laws of Tanzania, became operational on 1st February 1998 after
the adoption of its regulations. The Tanzania Citizenship Regulations, 1997 were adopted on 26 September
1997.
85
TCA, section 30.
RSCAS/GLOBALCIT-CR 2020/6 - © 2020 Author(s)
11