Highlights:

• Introducing special derivative rights for diasporas
• Granting special status leads to special derivative rights
• Conditions and procedures for obtaining special derivative rights
• Termination of special derivative rights upon revocation of special status
• Application and issuance of immigration documents electronically

Introduction:

The Tanzanian government has recently through the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (Bill) which was published on 26 June 2024 recently introduced significant amendments to the Land Act, Cap. 113, to the Immigration Act, Cap 54 aimed at empowering members of the Tanzanian diaspora with special derivative rights in land ownership. These changes come as part of a broader effort to enhance the involvement and engagement of diasporas in the development and growth of the country.

Navigating the Changes: Immigration Act and Land Act Amendments

Under the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024, proposed changes to the Immigration Act and Land Act introduce a transformative framework for land ownership rights. In the Immigration Act, Section 45 is set to be expanded to include holders of the ‘Diaspora Tanzanite Card,’ impacting penalties for non-compliance. Simultaneously, the Land Act introduces a new section 19(1A) – 19(1E), outlining the requirements and conditions for granting the ‘Special Derivative Right’ to eligible individuals or companies.

Introducing Special Derivative Rights

One of the key amendments introduced is the concept of special derivative rights, which provide diasporas with the opportunity to occupy and use land under specified conditions. These special rights are granted to individuals who have been awarded special status and hold a Diaspora Tanzanite Card, as per the Immigration Act, Cap. 54.

Granting Special Derivative Rights

Upon meeting the eligibility criteria and making the application in accordance with the regulations, individuals granted special status can obtain special derivative rights in respect of general or village land. The Commissioner may issue these rights based on the prescribed terms and conditions, including compliance with the Act and any additional requirements imposed by the Commissioner.

Application and Issuance

Furthermore, the Act specifies that applications for immigration documents, including special derivative rights, should be processed electronically or through methods determined by the Commissioner General. By incorporating digital processes, the government aims to streamline and modernize the application and issuance procedures to facilitate easier access for diasporas.

Conditions and Procedures

The procedures for applying for and receiving special derivative rights are outlined in detail within the Act and accompanying regulations. It is essential for applicants to adhere to the set conditions and provide all necessary information as specified in the application process.
The procedures for diaspora individuals to apply for land ownership rights in Tanzania under the proposed amendments to the Land Act and Immigration Act are outlined as follows:

1. Eligibility Assessment : Diaspora individuals must first meet the eligibility criteria specified in the new provisions of the Immigration Act. This includes being a Tanzania non-citizen diaspora, observing national ethos and values, holding a valid passport, and demonstrating good moral character.
2. Obtaining the Diaspora Tanzanite Card: Applicants who meet the eligibility requirements may apply for the Diaspora Tanzanite Card, which is issued under the Immigration Act to grant special status to Tanzania non-citizen diaspora for land ownership purposes.
3. Submission of Application: Diaspora individuals seeking land ownership rights must submit a formal application to the relevant authorities, following the prescribed format and providing all necessary documentation to support their request.
4. Review and Approval Process: The application will undergo a review process by the Commissioner for Lands or other designated authorities to assess eligibility, compliance with regulations, and fulfillment of conditions stipulated in the Land Act and Immigration Act.
5. Grant of Special Derivative Right: Upon successful review and approval of the application, the Commissioner for Lands may grant the special derivative right to the diaspora individual, allowing them to occupy and use land in Tanzania as specified under the law.
6. Renewal and Compliance: Holders of the special derivative right must adhere to the conditions set forth in the Land Act and Immigration Act, including renewing the Diaspora Tanzanite Card periodically and complying with all regulations related to land ownership in Tanzania.
7. Termination or Revocation: Failure to comply with the terms and conditions of the special derivative right may result in its termination or revocation by the authorities, as outlined in the provisions of the Land Act and Immigration Act. In case of revocation, these special rights automatically terminate, emphasizing the link between special status and the corresponding land ownership rights.

By following these procedures and meeting the requirements set by the Tanzanian government, diaspora individuals can navigate the application process to access land ownership opportunities in Tanzania in alignment with the new legislative changes.

Strategic Implications and Economic Opportunities
Unlocking land ownership for diaspora members not only fosters a sense of belonging and investment in Tanzania but also creates new avenues for economic development. By including diverse perspectives and talents in the property market, Tanzania stands to benefit from increased foreign investment, job creation, and cultural exchange.

A Forward-Thinking Approach: Government’s Commitment to Progress
The Tanzanian government’s proactive stance on amending the Land Act demonstrates a commitment to fostering growth and inclusivity within the country. By enabling diaspora individuals and companies to participate in land ownership, Tanzania showcases its willingness to embrace change and drive sustainable development for the future.

Conclusion

In conclusion, these amendments to the Land Act represent a significant step towards harnessing the potential of the Tanzanian diaspora community and a milestone in Tanzania’s journey towards a more diverse and vibrant property landscape. By providing special derivative rights and simplifying application processes, the government is paving the way for increased engagement and investment from the diaspora population.
Rive & Co commends the government for its progressive vision and looks forward to witnessing the positive impact of these changes on the nation’s growth trajectory. The amendments delineated in sections 45 and 19(1A) – 19(1E) underscore the government’s commitment to innovation and inclusivity, setting the stage for a new chapter of growth and prosperity in Tanzania’s property sector.

Disclaimer: This article is authored by Jacqueline Hima.