In the transition to the 2024/2025 government fiscal year, the Parliament issued a special bill supplement published on 26 June 2024 introducing proposed amendments to various laws through the Written Laws (Miscellaneous Amendments) (No. 2) Act No. 9 of 2024 (the Bill). The Bill proposes amendments to the Immigration Act (Cap 54 R.E. 2016) and the Land Act (Cap 113 R.E. 2019), which will allow non-citizen Tanzanian diaspora to be granted special status that will allow entry, stay, exit as well as land ownership.

The law currently restricts ownership of land to Tanzanian citizens. Foreigners, including companies whose majority shareholders are non-citizens, can own land for investment purposes through derivative title issued by the Tanzania Investment Centre (TIC). The proposed amendments will allow ownership of land by Tanzanian non-citizen diaspora who have been long considered as foreigners and therefore ineligible to own land in Tanzania.

The Bill introduces a new definition of “Tanzanian non-citizen diaspora” which means a person who was either formerly a citizen of Tanzania (other than a citizen by naturalisation) or whose parent, grandparent or such other descendant is or was a citizen of Tanzania. It further introduces special status to be granted to Tanzanian non-citizen diaspora whereby Tanzanian non-citizen diaspora are to be granted a Diaspora Tanzanite Card (the Diaspora Card) which can also be used to enter and leave the country. The Diaspora Card shall be valid for a period of 10 years and can be renewed. The special status granted under the Diaspora Card may also be revoked where there is a breach of conditions under which it is issued; where the same was obtained by fraud or false representation; where the holder is disloyal or engages in unlawful trade; where the holder associates with an enemy of Tanzania; or where the holder engages in acts determined to be against the morals and public good of Tanzania. Where the special status is revoked, the Diaspora Card will automatically be invalidated.

Alongside the above changes to the Immigration Act, the Bill also proposes amendments to   the Land Act, specifically introducing a special derivative right to occupy and use land to be granted to a Tanzanian non-citizen diaspora who has been granted special status and holds the Diaspora Card under the Immigration Act. The special derivative right will also apply to a company whose majority shareholders are persons holding the Diaspora Card, provided that the minority shareholders in such a company are Tanzanian citizens. The special derivative right shall terminate upon revocation of special status under the Immigration Act, or under any of the circumstances mentioned above. The proposed amendments to the Land Act state that the special derivative right shall be granted by the Commission. Whilst the term “Commission” has not been defined, it may be the case that the special derivative right will be granted by the Commissioner for Lands. 

Once this Bill becomes law, Tanzanian non-citizen diaspora will no longer be regarded as foreigners for the purposes of land ownership, as they will be able to own land for as long as the foreigner holds special status under the Immigration Act. These long-awaited changes to the law come at a time when a significant proportion of the Tanzanian non-citizen diaspora have called on the government to reconsider amending the law to enable them to invest in real estate. This is a positive move by the government and is expected to boost the growth and development of real estate in the country.

The proposed amendments to the Immigration Act and the Land Act signify a historic shift in Tanzania’s approach to land ownership, recognising the significant contributions of the Tanzanian diaspora. By granting non-citizen Tanzanians special status and land ownership rights through the Diaspora Card, the government is addressing long-standing demands and fostering a more inclusive environment for investment. This legislative change is anticipated to boost real estate growth and economic development, strengthening the bond between Tanzania and its global diaspora community.