Tanzania
Expulsion of Undesirables Act
Chapter 39
- Published in Tanzania Government Gazette
- Commenced on 14 March 1930
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1. Short title
This Act may be cited as the Expulsion of Undesirables Act.2. Power to make expulsion order
3. Detention pending decision of President
Any 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.4. Effect of expulsion order
Any 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. Contravention of expulsion order
6. Power of President to order arrest and deportation
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. 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 the President
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[Repealed by Act No. 32 of 1994 Sch.]12. Order of President upon consideration of report
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.13. Cases in which recommendation for the deportation shall not have effect
14. Duty of master of ship with regard to any person deported
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. President may direct how expenses shall be defrayed
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. Aiding and abetting
Any 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. Offences and penalties
Any person who commits an offence under this Act is liable, upon conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment, for any period not exceeding six months, or to both such fine and imprisonment.18. Evidence
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. Any person detained pending President's decision may seek compensation to the High Court
Any 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.]21. Restriction of jurisdiction of courts of law
No court of law in the United Republic shall have any jurisdiction to review, quash, reverse, or otherwise interfere with any proceedings held, act done or order made under this Act.History of this document
31 July 2002 this version
Consolidation
14 March 1930
Commenced