Legal Update – 11 November 2024
Diaspora Land Bill Reintroduced
Readers will recall that on 26 June 2024, the Attorney General published the Written Law (Miscellaneous Amendments) (No.2) Bill, 2024 (the June Bill). The June Bill proposed, among others, amendments to the Land Act and the Immigration Act. Specifically, the proposed amendments in the two Acts were meant to create special immigration status and allow holders of such status to engage in various economic and social activities, including occupying land through a special derivative right granted by the Commissioner for Lands.
The said June Bill proposed to introduce Special Status which was to be granted to Tanzanian non-citizen diaspora for the purpose of entry, stay or exit out of Tanzania, and for such other purposes as may be provided by the law. Further, the June Bill proposed amendments to the Land Act to introduce special derivative right which was to be granted to holders of special status (whether individually or through a company whose majority shareholders are persons who are holders of special status) who have been issued with Diaspora Tanzanite Cards under the Immigration Act. The proposed amendments aimed at enabling a diaspora with special status to own or dispose land acquired through any means including inheritance or sale. The special derivative right was to serve as a right of occupancy issued under special terms and conditions. However, the proposed amendments were removed by the National Assembly when passing the June Bill on 3 September 2024.
The matter did not end there, on 8 November 2024, the Written Laws (Miscellaneous Amendments) (No.4) Bill, 2024 (the November Bill) was tabled before the National Assembly for first reading, which has reintroduced the above proposed amendments that were removed from the June Bill. In addition to reintroduction of the removed proposed amendments, the November Bill adds new items and makes a few changes in relation to land ownership for Diaspora. These new items include a proposal to have a specific term of not more than 33 years for the special derivative right as well as empowering the Minister for Land to revoke the special derivative right.
Regarding the changes, the November Bill proposes the dependant of Tanzania non-citizen diaspora to be only spouse or child and not relatives as it was proposed in the June Bill. Also, the engagement of a person in politics contrary to the laws governing political affairs in Tanzania is proposed to be among the reasons that will lead to revocation of special status.
To read the Written Laws (Miscellaneous Amendments) (No.4) Bill, 2024 (the November Bill) click here
To read the Written Laws (Miscellaneous Amendments) (No.2) Bill, 2024 (the June Bill) click here
To read our previous update on Special Immigration and Land Framework for Tanzania Diaspora click here