The Deportation Act

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CHAPTER 380
THE DEPORTATION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title and application.
2. Interpretation.
3. Deportation order.
4. Right to petition order.
5. Right to make representations.
6. Person ordered to be deported may be detained.
7. President’s warrant sufficient authority for removal and detention.
8. President may direct how expenses shall be defrayed.
9. Power to vary or revoke order or to grant permission to person deported.
10. Penalty.
11. Deportation to be published in Gazette.
12. Advisory Committee.

er to vary or revoke order or to grant permission to person deported.
10. Penalty.
11. Deportation to be published in Gazette.
12. Advisory Committee.

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1. This Act may be cited as the Deportation Act, and applies to
Mainland Tanzania as well as Tanzania Zanzibar. 2. In this Act, unless the context requires otherwise-
“Committee” means the Advisory Committee established by
section 12;
“deportation order” means an order made under section 3;
“deportee” means any person in relation to whom a
deportation order is issued;
“High Court” means the High Court of the United Republic
or the High Court of Zanzibar;
“Minister” means the Minister responsible for home affairs;
“person” includes a person who is not a citizen of the United
Republic;
“United Republic” means the United Republic of Tanzania. 3.–(1)4 Where it is shown by evidence on oath to the satisfaction
of the President that any person is in any manner conducting
himself so as to be dangerous to peace and good order in any
part of the United Republic, the President may if he thinks fit
by order under his hand and official seal order that person to
4 NOTE: This section has been rearranged from the former section 2 for good
arrangement and simplicity.

is hand and official seal order that person to
4 NOTE: This section has been rearranged from the former section 2 for good
arrangement and simplicity.

Short title and
application
Interpretation
Acts Nos. 3 of 1991 s. 3
12 of 1998 Sch. Deportation
order
Acts Nos. 3 of 1991 s. 4
12 of 1998 Sch. CHAPTER 380
THE DEPORTATION ACT
An Act to make provisions for the deportation of certain persons from one
part of the United Republic to another. [1st May, 1921]
Ord. No. 18 of 1921
[R.L. Cap. 38]
Acts Nos. 3 of 1991
12 of 1998

of certain persons from one
part of the United Republic to another. [1st May, 1921]
Ord. No. 18 of 1921
[R.L. Cap. 38]
Acts Nos. 3 of 1991
12 of 1998

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THE DEPORTATION ACT [CAP. 380 R.E. 2023]
be deported from any part of the United Republic to any other
part of the United Republic. (2) Where the person is to be deported from any area of
Tanzania Zanzibar to another area of Tanzania Zanzibar or
to any area of Mainland Tanzania, the President shall make
the deportation order after consultation with the President of
Tanzania Zanzibar. (3) Notwithstanding the provisions of this Act, or any other
law, it shall not be lawful for any person to whom a deportation
order has been issued and which has not been renewed to be
detained in any part specified in the deportation order after
expiry of two years. [s. 2]
4. A deportee may petition to the High Court on any ground
pertaining to compliance with the procedure prescribed or
required by or under this Act. [s.

. A deportee may petition to the High Court on any ground
pertaining to compliance with the procedure prescribed or
required by or under this Act. [s.

3]
5.–(1) A deportee shall not later than fifteen days from the date
of commencement of execution of the deportation order, be
informed by the Minister of the ground on which he is being
deported and shall be afforded an opportunity of making
representations in writing to the President with respect to the
deportation order. (2) Where, after fifteen days, a deportee is not informed in
writing of the grounds on which he is being deported he shall
be released. [s. 4]
6.–(1) Where, under this Act, a person is to be deported, he
shall, by warrant of the President under his hand and seal,
be detained, if necessary, in custody or in prison, until a fit
opportunity for his deportation occurs. (2) The President may make regulations-
(a) disapplying to deportees detained under this section,
any provisions of the Prisons Act relating to convicted
Right to petition
order
Act No. 3 of 1991
s. 3
Right to make
representations
Act No. 3 of 1991 s. 4
Person ordered to
be deported may
be detained
Act No. 3 of 1991 s. 7
Cap. 58

t No. 3 of 1991
s. 3
Right to make
representations
Act No. 3 of 1991 s. 4
Person ordered to
be deported may
be detained
Act No. 3 of 1991 s. 7
Cap. 58

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THE DEPORTATION ACT [CAP. 380 R.E. 2023]
criminal prisoners and applying in relation to deportees
any of such provisions relating to civil prisoners as the
President may determine; and
(b) allowing visits to and correspondence to or from, such
persons. [s. 5]
7. The warrant of the President shall be sufficient authority to
the person to whom it is directed or delivered for execution to
receive and detain the person therein prescribed, and to carry
him to the place named according to the warrant. [s. 6]
8. The expenses of deportation, including expenses of
maintenance, shall be defrayed in such manner as the President
directs. [s. 7]
9.–(1) The President may, by order under his hand and official
seal, vary or rescind any order of deportation made under this
Act, or, without varying or rescinding the order of deportation,
may grant permission in writing to the person deported to
leave for a temporary purpose the part of the country to which
he has been deported for some other part named in such
permission.

e person deported to
leave for a temporary purpose the part of the country to which
he has been deported for some other part named in such
permission.

(2) Subject to subsection (1), the permission may be granted
subject to conditions as the President may deem proper, and a
person who fails to comply with the conditions attached to any
permission granted to him as aforesaid, shall be liable to the
penalties provided under section 10. [s. 8]
10. Where a person deported under this Act leave the part of
United Republic to which he has been deported, or returns
to the part of the United Republic from which he has been
deported without the permission in writing of the President,
he shall be liable to imprisonment for any period not exceeding
President’s
warrant sufficient
authority for
removal and
detention
President may
direct how
expenses shall be
defrayed
Power to vary or
revoke order or to
grant permission
to person
deported
Penalty
Act No. 12 of 1998 Sch.

dent may
direct how
expenses shall be
defrayed
Power to vary or
revoke order or to
grant permission
to person
deported
Penalty
Act No. 12 of 1998 Sch.

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THE DEPORTATION ACT [CAP. 380 R.E. 2023]
three months, with or without a fine not exceeding fifty
thousand shillings, and he shall also be liable to be forthwith
again deported. [s. 9]
11. The President shall cause the name of a person deported
under this Act to be published in the Gazette. [s. 10]
12.–(1) There is hereby established an Advisory Committee
which shall consist of-
(a) a Chairman and two other members appointed by the
President; and
(b) two members appointed by the Chief Justice. (2) A member of the Advisory Committee may resign
his membership by writing under his hand addressed to the
authority by which he was appointed. (3) The quorum of the Committee shall be three, of whom
one shall be the Chairman, one shall be another member
appointed by the President and one shall be a member
appointed by the Chief Justice.

e, of whom
one shall be the Chairman, one shall be another member
appointed by the President and one shall be a member
appointed by the Chief Justice.

(4) The President shall refer to the Committee every
deportation order made under this Act-
(a) where representations have been made in pursuance of
section 5(1), as soon as may be after the making of such
representations;
(b) where no such representations have been made, within
three months from the date the deportation order was
issued,
and thereafter at intervals not exceeding a year, unless the
deportation order has been rescinded, and shall inform the
Committee of the grounds on which the deportation order was
issued and of such other matters relating to the deportation
as are relevant to the continued deportation and provide the
Committee with a copy of all representations made by the
deportee. Deportation to
be published in
Gazette
Act No. 3 of 1991 s. 8
Advisory
Committee
Act No. 3 of 1991 s. 8

y of all representations made by the
deportee. Deportation to
be published in
Gazette
Act No. 3 of 1991 s. 8
Advisory
Committee
Act No. 3 of 1991 s. 8

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THE DEPORTATION ACT [CAP. 380 R.E. 2023]
(5) Where a reference to the Committee is not made within
the time stipulated in subsection (4), the deportee shall be
entitled to be released.
(6) The Committee shall be afforded an opportunity of
interviewing any deportee in respect of whom a deportation
order is referred to them under this section.
(7) The Committee shall advise the President whether in
their opinion a deportation order made under this Act should
be continued, rescinded or suspended, but the President shall
not be required to act in accordance with the advice of the
Committee.
[s. 11]