Uncle’s legacy at risk

I was born in Germany to a family of missionaries. In the early 1990s, my family moved to Tanzania, where we engaged in missionary work and agriculture by renting farmland from local villagers. Life took a significant turn in 2010 when my uncle became a naturalised Tanzanian citizen and finally purchased his own land. Tragically, he passed away last month, leaving his farm and passion for agriculture to me. Although I have lived most of my life in Tanzania, I never sought Tanzanian citizenship, believing I could inherit the land as a family member. Now, a friend has told me I can’t own the land without citizenship, which has left me confused and seeking answers. Is this lawful? Tanzania feels like home to me. I want to continue my uncle’s legacy here. Please guide me.
JW, Ruvuma

This personal journey highlights the complex intersection of inheritance, citizenship laws, and legacy that have recently been addressed by the Court of Appeal. The Court clarified that under section 20 of the Land Act, Cap. 113 [ R.E. 2023], non-citizens are prohibited from owning land in Tanzania unless it is for investment purposes under the Tanzania Investment Act. This includes land acquired through inheritance. Even if the deceased was a Tanzanian citizen, the law as interpreted now restricts the transfer of land to heirs who are not citizens. The Court added that its decision is based on the National Land Policy of 1997, which prioritises land ownership for Tanzanian citizens. The Court emphasised that land is a sensitive national resource, and its ownership must align with constitutional and statutory provisions. This means you cannot legally inherit and own the property. As such, the ownership of the land will have to revert back to the Commissioner of Lands, who, by powers provided in the Land Act, may allocate it to someone else. However you may be entitled to compensation and/or might be able to sell it and retain the proceeds. To resolve this and preserve your uncle’s legacy, you may apply for Tanzanian citizenship and, if successful, request to be allocated your uncle’s land. Alternatively, your uncle’s land may be registered under an investment framework and later allocated to you as an investor. We cannot guarantee your success with these options, as it remains at the discretion of the government to allocate the land to you either way. Please consult your lawyer for further guidance.