Legal Update – 21 March 2024
Proposed Relaxation on Land Ownership for Diaspora Abandoned
On 26 June 2024, the Attorney General published the Written Law (Miscellaneous Amendments) (No.2) Bill, 2024 (the Bill). The 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 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 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.
It should be noted that the proposed amendments were removed by the National Assembly when passing the Bill on 3 September 2024. Consequently, the Written Laws (Miscellaneous Amendments) (No.2) Act, 2024 (the Act) which was assented to by the President of the United Republic of Tanzania on 2 October 2024 and subsequently published on 11 October 2024 does not retain the proposed amendments. It is to be seen if the proposed amendments will be re-tabled, but for the time being the Diaspora Tanzanite Cards scheme and the special derivative rights have been shelved.
To read a copy of the Bill click here
To read a copy of the Act click here
To read our previous update click here