Citizenship status and Inheritance rights

I was born in Tanzania, but my parents originally come from a different country. I have always been identified as a Tanzanian and have lived here my entire life. Recently, I applied for official documents but was told that my citizenship status is unclear due to my parents’ nationality. At the same time, I am facing a family dispute over inheritance. According to our customary traditions, only male children are entitled to inherit family land, while daughters are excluded. However, I am being informed that national law may provide equal inheritance rights regardless of gender. I am confused as to which law applies in my situation – particularly on citizenship and inheritance. Kindly clarify how citizenship is determined in such cases, and whether customary law can override national inheritance laws?

SS, Nzega

Citizenship and inheritance rights are key in your question. Citizenship is governed by the Tanzania Citizenship Act, Cap. 357. Under this Act, a person becomes a Tanzanian citizen by birth only if they were born in Tanzania and at least one of the parents was a Tanzanian citizen at the time of birth. Where both parents are foreign nationals, a person does not automatically acquire Tanzanian citizenship merely by being born in Tanzania. However, the law provides alternative pathways to citizenship.

A person in your situation may apply for citizenship by naturalization, subject to the established conditions. This will require proof of lawful residence, integration into Tanzanian society, good character, and an intention to permanently reside in the country. On inheritance, Tanzania operates a plural legal system in which customary law applies in certain circumstances, subject to the Constitution and written laws. The Constitution of the United Republic of Tanzania guarantees equality before the law and prohibits discrimination on various grounds, including sex.

The Courts have consistently held that customary rules which are inconsistent with constitutional principles are invalid to the extent of that inconsistency. Further, under our Land and Village Land Acts, both men and women have equal rights to own, use and inherit land. Accordingly, customary practices that seek to exclude daughters from inheritance cannot override constitutional and statutory protections.