Jus Soli or Jus Sanguinis? Diagnosing Letters of Law and Official Interpretation of Tanzanian Citizenship by Birth

Abstract

This article examines the controversy underlyinginterpretation of the letters of law on what constitutesTanzanian citizenship by birth, particularly afterindependence. The centre of controversy lies in the choiceof the two basic modes of attainment of citizenship by birth,namely jus soli (right of soil or birth right citizenship withoutthe condition of citizenship of parents) and jus sanguinis(right of blood or citizenship conditioned on parents ' citizenship status).Some secondary sources say the lettersof law are jus soli based while official interpretation on theground says they are jus sanguinis based. So far, there isno judicial interpretation of the convoluted letters of lawunder the Tanzania Citizenship Act Cap 357 R.E 2002. It isargued that the letters of law under the Tanzania CitizenshipAct reflect the jus soli mode. The article proposes foramendment of the disputed provisions to align with what isactually obtainable on ground.Key words: jus soli, jus sanguinis, citizenship by birth, letters oflaw.