THE EXPULSION OF UNDESIRABLES ACT

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CHAPTER 39
THE EXPULSION OF UNDESIRABLES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Power to make expulsion order.
3. Detention pending decision of President.
4. Effect of expulsion order.
5. Contravention of expulsion order.
6. Power of President to order arrest and deportation.
7. Detention of person ordered to be deported.
8. Procedure where excuse or reason alleged for delay in complying
with expulsion order.
9. Appointment and constitution of Board of Inquiry.
10. Board to report to President.
11. Repealed.
12. Order of President upon consideration of report.
13. Cases in which recommendation for deportation shall not have effect.
14. Duty of master of ship with regard to any person deported.
15. President may direct how expenses shall be defrayed.
16. Aiding and abetting.
17. Offences and penalties.
18. Evidence.
19. Person detained pending President’s decision may seek
compensation to High Court.
20. Repealed.
21. Restriction of jurisdiction of courts of law.

19. Person detained pending President’s decision may seek
compensation to High Court.
20. Repealed.
21. Restriction of jurisdiction of courts of law.

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CHAPTER 39
THE EXPULSION OF UNDESIRABLES ACT
An Act to make provision for the expulsion of undesirable persons. [14th March, 1930]
Ords. Nos. 15 of 1930
15 of 1940
[R.L. Cap. 39]
Acts Nos. 55 of 1963
32 of 1994
12 of 1998
1. This Act may be cited as the Expulsion of Undesirables Act. 2.–(1) The President may make an expulsion order requiring
any person not being a citizen of the United Republic to leave
within the time fixed by the order, and thereafter so long as the
order is in force to remain out of the United Republic, in the
following cases where-
(a) the person has been convicted of a felony by a court
other than a primary court and the court recommends
that an expulsion order should be made against him
either in addition to or in lieu of sentence; or
(b) the President deems it to be conducive to the public
good or advisable in the interests of public morals that
an order should be made.

entence; or
(b) the President deems it to be conducive to the public
good or advisable in the interests of public morals that
an order should be made.

(2) It shall be lawful for the President to make any order
subject to such conditions as he may think fit, and to rescind or
suspend any order either absolutely or subject to conditions. 3. A person with respect to whom a recommendation is
made by a court that an expulsion order shall be made, but
against whom no sentence has been passed, may be remanded
to a prison until the decision of the President has been
communicated to such court. Short title
Power to make
expulsion order
Ord. No. 15 of 1940 s. 2
55 of 1963 Sch. Detention
pending decision
of President

communicated to such court. Short title
Power to make
expulsion order
Ord. No. 15 of 1940 s. 2
55 of 1963 Sch. Detention
pending decision
of President

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THE EXPULSION OF UNDESIRABLES ACT [CAP. 39 R.E. 2023]
4. A person with respect to whom an expulsion order is made
shall leave the United Republic in accordance with the order,
and shall thereafter so long as the order is in force remain out
of the United Republic. 5.–(1) Where any person against whom an expulsion order
has been made is found within the United Republic after the
expiration of the time fixed by the order, commits an offence. (2) Where a person has been convicted of an offence
under subsection (1), the President may, if he thinks fit, order
such person to comply with the expulsion order within such
extended time as the President may fix, and if that person is
found within the United Republic after the expiration of the
time so extended, commits a further offence.

the President may fix, and if that person is
found within the United Republic after the expiration of the
time so extended, commits a further offence.

(3) The President may, if he thinks fit, order that any person
who has been convicted of an offence under either subsection
(1) or (2) shall, soon as practicable after the expiration of
his sentence, be deported from the United Republic in such
manner as the President may direct and, in the meantime, be
detained in custody. 6. It shall be lawful for the President, if he thinks fit, in an
expulsion order, instead of requiring the person against whom
it is made to leave the United Republic within a fixed time,
to order that the person be arrested and deported from the
United Republic in such manner as the President may direct. 7.–(1) A person arrested under an expulsion order, shall,
pending his deportation from the United Republic, be
detained in custody in such manner and place as the President
shall direct. (2) A person in custody under an expulsion order shall not
be admitted to bail, except with the consent of the President. (3) An expulsion order whereby the arrest of any person
is ordered shall be deemed to authorise any police officer to
arrest that person in any part of the United Republic and to
detain him in custody.

rson
is ordered shall be deemed to authorise any police officer to
arrest that person in any part of the United Republic and to
detain him in custody.

Effect of
expulsion order
Contravention of
expulsion order
Power of
President to
order arrest and
deportation
Detention of
person ordered to
be deported
Act No. 32 of 1994 Sch.

Contravention of
expulsion order
Power of
President to
order arrest and
deportation
Detention of
person ordered to
be deported
Act No. 32 of 1994 Sch.

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THE EXPULSION OF UNDESIRABLES ACT [CAP. 39 R.E. 2023]
(4) A person against whom an expulsion order is made,
may petition to the High Court on any ground pertaining to
compliance with the procedure prescribed or required under
the Act. (5) A person against whom an expulsion order is made, shall,
not later than fourteen days from the date of commencement of
execution of the order, be informed by the arresting authority
of the grounds on which he is being expelled and shall be
afforded an opportunity of making representation in writing
to the President with respect to the expulsion order. (6) Where after fifteen days a person against whom an
order is made under this Act is not informed in writing of the
grounds on which he is being expelled, he shall be released.

s a person against whom an
order is made under this Act is not informed in writing of the
grounds on which he is being expelled, he shall be released.

8.–(1) Where any person against whom an expulsion order has
been made under section 2(1)(b) alleges any excuse for not
complying with that order or any reason why the order should
not be enforced or why further time than that specified in the
order should be allowed to him, he may submit the same in the
form of a memorial to the President, and where that person
is in custody, whether by virtue of the order or otherwise, the
officer having the custody of that person, on its being signified
to him that any excuse or reason is alleged by that person, shall
forthwith make known his excuse or reason to the President. (2) Where the President is informed that any excuse or
reason is alleged by any person, the President may suspend
the further execution of the expulsion order until the matter is
enquired into and determined as provided in this Act. (3) A person, in custody under an expulsion order, shall
remain in custody, and, if not in custody, may be arrested and
detained in custody until the matter is determined.

ody under an expulsion order, shall
remain in custody, and, if not in custody, may be arrested and
detained in custody until the matter is determined.

9.–(1) The President may as occasion requires appoint a Board
consisting of three or more persons as he may determine, one
of whom at least shall be a person unconnected with the public
service, for the purpose of enquiring into the subject matter
Procedure where
excuse or reason
alleged for delay
in complying with
expulsion order
Appointment and
constitution of
Board of Inquiry

e subject matter
Procedure where
excuse or reason
alleged for delay
in complying with
expulsion order
Appointment and
constitution of
Board of Inquiry

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THE EXPULSION OF UNDESIRABLES ACT [CAP. 39 R.E. 2023]
of any memorial submitted under section 8, and may direct
where and when such enquiry shall be made. (2) The Chairman of the Board shall be designated by the
President, and whenever possible be a Resident Magistrate. (3) The enquiry shall be in public and in the presence of the
memorialist if he desires to appear, unless for good and proper
reason the Board determines otherwise. (4) The memorialist shall have the right to be represented
before the Board by an advocate. (5) The Board shall have the powers of a subordinate
court to summon witnesses and to call for the production of
documents and to examine the memorialist and all witnesses
on oath or affirmation. (6) A summons for attendance of a witness or any other
person or the production of documents may be in the same
form as one ordinarily issued by a subordinate court under the
Criminal Procedure Act and shall be signed by the Chairman,
by whom also oaths and affirmations may be administered.

by a subordinate court under the
Criminal Procedure Act and shall be signed by the Chairman,
by whom also oaths and affirmations may be administered.

(7) A person summoned to attend and give evidence or
to produce documents at any sitting of the Board shall be
bound to obey the summons served upon him as fully in all
respects as a witness is bound to obey a summons issued from
a subordinate court. (8) A person who-
(a) refuses or omits without sufficient cause to attend at
the time and place mentioned in the summons served
on him;
(b) attends but leaves the sitting of the Board without the
permission of the Board;
(c) refuses or omits without sufficient cause to produce
any document in his possession or under his control
as mentioned or referred to in the summons served
on him;
(d) at any sitting of the Board willfully insults any member
of the Board; or
Cap. 20

ontrol
as mentioned or referred to in the summons served
on him;
(d) at any sitting of the Board willfully insults any member
of the Board; or
Cap. 20

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THE EXPULSION OF UNDESIRABLES ACT [CAP. 39 R.E. 2023]
(e) willfully and improperly interrupts the proceedings of
the Board, commits an offence and on conviction shall
be liable to a fine not exceeding two thousand shillings. (9) A person giving evidence before the Board shall not
be compelled to incriminate himself, and that person shall,
in respect of any evidence given by him before the Board, be
entitled to all the privileges to which a witness giving evidence
before any court is entitled in respect of evidence given by him
before such court. 10. At the close of an enquiry, it shall be the duty of the Board
to make a full and impartial report in writing to the President
on all matters as have been brought before it during the
enquiry, its recommendations, and the reasons leading to the
conclusions arrived at. 11. [Repealed by Act No. 32 of 1994 Sch.]
12. The President may upon consideration of the report of
the Board confirm, rescind or vary the terms of the expulsion
order, as he may consider expedient.

e President may upon consideration of the report of
the Board confirm, rescind or vary the terms of the expulsion
order, as he may consider expedient.

13.–(1) A recommendation by a court for the expulsion of any
person shall be of no effect where-
(a) on appeal against the conviction or sentence, the
appellate court does not concur in the recommendation;
and
(b) the recommendation is by a magistrate, unless
confirmed by the High Court. (2) This section shall not affect the power of the President
to make an expulsion order under the provisions of section
2(1)(b). Board to report to
President
Repealed
Order of
President upon
consideration of
report
Cases in which
recommendation
for deportation
shall not have
effect

rd to report to
President
Repealed
Order of
President upon
consideration of
report
Cases in which
recommendation
for deportation
shall not have
effect

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THE EXPULSION OF UNDESIRABLES ACT [CAP. 39 R.E. 2023]
14. The master of a ship about to call at any port outside
Tanzania shall, if so required by the Inspector General of
Police, receive on board the ship any person against whom an
expulsion order has been made together with his dependants
and afford him and his dependants passage to that port and
proper accommodation and maintenance during the passage. 15. The expenses of expulsion, including expenses of
maintenance of the person and his dependants shall be
defrayed in such manner as the President directs, and for such
purpose the President may, if he thinks fit, apply any money or
property of the person in aid of such expenses. 16. A person who aids or abets any other person in
contravention of this Act, or who harbours any other person
whom he knows or has reasonable grounds for believing to
have acted in contravention of this Act, commits an offence. 17.

ho harbours any other person
whom he knows or has reasonable grounds for believing to
have acted in contravention of this Act, commits an offence. 17.

A person who commits an offence under this Act on
conviction shall be liable to a fine not exceeding fifty thousand
shillings or to imprisonment for any period not exceeding six
months or to both. 18. In any prosecution for an offence under this Act, the
production of an expulsion order signed by, or by direction
of the President, shall be conclusive evidence that the order is
valid and was lawfully made. 19. A person in respect of whom an expulsion order has been
issued and in pursuance where of has been detained pending
the decision of the President may seek compensation in the
High Court where it is established that his detention was
not justified. 20. [Repealed by Act No. 12 of 1998 Sch.]
Duty of master of
ship with regard
to any person
deported
President may
direct how
expenses shall be
defrayed
Aiding and
abetting
Offences and
penalties
Act No. 12 of 1998 Sch. Evidence
Person detained
pending
President’s
decision may seek
compensation to
High Court
Act No. 12 of 1998 Sch. Repealed

ies
Act No. 12 of 1998 Sch. Evidence
Person detained
pending
President’s
decision may seek
compensation to
High Court
Act No. 12 of 1998 Sch. Repealed

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THE EXPULSION OF UNDESIRABLES ACT [CAP. 39 R.E. 2023]
21. A court of law in the United Republic shall not have any
jurisdiction to review, quash, reverse, or otherwise interfere
with any proceedings held, act done or order made under
this Act.
Restriction of
jurisdiction of
courts of law