001082
74.The Applicant submits that pursuant to the Tanzania
Citizenship Act of 1995, an
individual may acquire Tanzanian nationality either by birth or by naturalisation. A
Tanzanian by birth is someone who was born in the Mainland Tanzania or Zanzibar
before the Union (Section 4) or anyone born in the United Republic of Tanzania on
Union Day or after (Section 5 of the Act).
75. The Applicant contends that he is a citizen of Tanzania by birth, adding that he holds
a valid Tanzanian birth certificate which shows that he was born in Tanzania in 1968.
76.The Applicant also avers that he has never renounced
his citizenship, nor has he
been deprived of the same by the Tanzanian authorities as per Section 13(1) and 14
of the Tanzania Citizenship Act (Chap. 357).
77. The Applicant further submits that he was born at Buguma Estate, Muleba District in
the United Republic of Tanzania, and that both his parents are Tanzanians. He states
that, as a citizen, he had initiated the process to obtain a passport. While waiting for
the said passport to be issued, the competent
authorities of the Respondent
State
issued him with a temporary travel document which he still had, adding that, as a
citizen, he is legally entitled to a Tanzanian passport.
78. The Applicant also argues that according to Section 3(1) of the Tanzania Citizenship
Act, persons born to Tanzanian parents on Tanzanian territory after the date of the
Union are Tanzanians by birth. He added that he is in possession of a birth certificate
which proves that he was born in the United Republic of Tanzania
after the creation of the Union, which makes
him a Tanzanian
in 1968 that is
by birth. He claims
that he never obtained the nationality of another foreign country, which would have
8 Article 3 (1) of the Tanzania Citizenship Act: "A citizen by birth is any person who is a citizen of the United
Republic of Tanzania under the following conditions: by virtue of the operation of section 4 which provides
that persons born in Mainland Tanzania or Zanzibar are Tanzanian. Such persons must be born before
Union Day by virtue of Section 5. Any person born in the United Republic of Tanzania on or after Union
Day, by virtue of his birth in Zanzibar and of the Article 4 (2) ".
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