001081
led him to lose his Tanzanian nationality, knowing that Tanzania does not recognize
dual nationality.
79. The Respondent State, for its part, contends that the Applicant is not a Tanzanian
citizen,
invoking
the fact that during
the Applicant’s
trial in Criminal
Case
No.
35/2010, the Prosecution tendered certified true copies of the Applicant's passports
issued by the United Kingdom
and the Republic of South Africa. The Respondent
State submits
Kingdom
Rubenstein
that the United
his name
as Robert John
and indicated that he is a British citizen with his place of birth being
Johannesburg,
South Africa, where
argues
copy
that
passport bore
a
of the
he was
Applicant's
born on 25 September
South
African
passport
1968.
It further
issued
by
the
Department of Home Affairs in South Africa reflected the Applicant’s nationality as
South African, his place of birth as Johannesburg and date of birth as 1968.
80.The
Respondent
documents
were
State
also
presented
submits
by
the
that
the
Applicant
copies
of
in support
the
afore-mentioned
of his
application
for a
Tanzanian Residence Permit, thus, raising the question as to why a Tanzanian would
need a residence permit to reside in his own country.
81. The Respondent State avers that the initial criterion to prove a Tanzanian nationality
or citizenship by birth, that is, to be born in Tanzania,
has not been
met by the
Applicant in as much as the copies of passports tendered in evidence during local
proceedings clearly testify to the Applicant’s nationality and place of birth as being
South Africa.
82. The Respondent State further submits that the Applicant has failed to discharge his
burden
of
proof
that
he
is
Tanzanian.
It argues
that
rather
than
producing
unequivocal evidence of his Tanzanian nationality, the Applicant provided conflicting
and
contradictory
information
on
his birth and
nationality.
On
various
occasions
during the proceedings at domestic level, the Applicant failed to produce certified