Zanzibar VP Urges Mindset Shift On Law

Zanzibar's Second Vice-President, Mr. Hemed Suleiman Abdulla, has urged a fundamental shift in how Tanzanians perceive the law, advocating for its embrace as a driver of development rather than merely an instrument of control and punishment. This call highlights the critical role of a robust legal framework in fostering economic growth by reducing bureaucracy, protecting rights, attracting investment, strengthening institutions, and boosting government revenue. The article explores the existing legal landscape in Tanzania and Zanzibar, examining recent reforms aimed at aligning legal principles with developmental aspirations and the challenges inherent in transforming deeply ingrained societal perceptions of the law.

Zanzibar's Second Vice-President, Mr. Hemed Suleiman Abdulla, recently articulated a compelling vision for the role of law in Tanzania, urging a profound shift in public perception. He emphasized that the law should be viewed not merely as a tool for control and punishment, but as a dynamic catalyst for national development. This pronouncement underscores a growing recognition within the Tanzanian government of the intrinsic link between a progressive legal framework and sustainable economic and social advancement.

Mr. Abdulla highlighted several key areas where a strong legal framework is indispensable: reducing bureaucracy, safeguarding rights, attracting foreign and domestic investment, bolstering institutional capacity, and enhancing government revenue. This article delves into the implications of this call for a mindset shift, examining the existing legal and regulatory environment in both Mainland Tanzania and Zanzibar, and analyzing how recent legislative reforms are attempting to reposition the law as a facilitative force for development, rather than a restrictive one. It will also consider the practical challenges and opportunities for legal professionals in navigating and contributing to this evolving legal landscape.

Tanzania operates under a dual legal system, with distinct legislative and judicial frameworks for Mainland Tanzania and the semi-autonomous archipelago of Zanzibar, particularly concerning non-union matters. Historically, the perception of law has often leaned towards its punitive and regulatory aspects, a legacy that, while essential for maintaining order, can sometimes stifle innovation and economic dynamism. However, the foundational legal instruments, such as the Constitution of the United Republic of Tanzania, 1977, and the Zanzibar Constitution, recognize fundamental rights, including the right to acquire and own property, thereby laying a groundwork for development-oriented legal interpretations.

In recent decades, both governments have embarked on significant legal reforms aimed at creating a more investor-friendly and development-conducive environment. For Mainland Tanzania, the Tanzania Investment Act, 2022 (Act No. 10 of 2022), repealed and replaced the Tanzania Investment Act, 1997, with a focus on providing more favorable conditions for investors and strengthening investor protection. Similarly, Zanzibar enacted the Zanzibar Investment Act, 2023 (Act No. 10 of 2023), which superseded the Zanzibar Investment Promotion and Protection Authority Act, 2018 (Act No. 14 of 2018), to modernize its investment framework and enhance its attractiveness to capital. These legislative shifts reflect a deliberate policy to leverage the law as a strategic tool for economic transformation, moving beyond its traditional role to actively promote growth and prosperity.

The Vice-President's call for a developmental mindset towards law resonates deeply with ongoing legislative and institutional reforms across Tanzania and Zanzibar. A primary area where law acts as a catalyst is in attracting investment. The Tanzania Investment Act, 2022, for instance, provides robust guarantees against nationalization or expropriation without due process and fair compensation, and ensures the right to repatriate capital, profits, and dividends. It also established the Tanzania Investment Centre (TIC), now integrated into the Tanzania Investment and Special Economic Zones Authority (TISEZA), as a one-stop center to streamline investment procedures and reduce bureaucracy. Similarly, the Zanzibar Investment Act, 2023, administered by the Zanzibar Investment Promotion Authority (ZIPA), offers statutory guarantees against expropriation, legal protocols for profit repatriation, and various incentives, positioning ZIPA as a crucial one-stop facilitation center for investors in the archipelago.

Protection of rights, particularly property rights, is another cornerstone of a development-oriented legal system. While land in both Mainland Tanzania and Zanzibar is publicly owned and vested in the President as a trustee for the people, both jurisdictions have established frameworks for individuals and entities to acquire land use rights. In Mainland Tanzania, foreign investors can acquire derivative rights to land for investment purposes through TISEZA, typically for long-term leases. In Zanzibar, foreigners can secure long-term leases, often up to 99 years, for investment activities, and the Condominium Act, 2010, allows for strata title ownership of units in approved developments, enabling non-citizens to purchase apartments or villas. These provisions aim to provide security of tenure essential for large-scale investments.

Furthermore, the emphasis on reducing bureaucracy and strengthening institutions is evident in the operational mandates of bodies like TISEZA and ZIPA, which are designed to simplify processes for investors, from company registration under the Zanzibar Companies Act No. 15 of 2013 to obtaining permits and licenses. The Vice-President also linked legal reforms to increased government revenue, citing improvements in tax administration and fiscal discipline. Efforts to combat corruption, a significant impediment to development, are enshrined in legislation such as the Prevention and Combating of Corruption Act, 2007 (PCCA) for Mainland Tanzania and the Zanzibar Anti-Corruption and Economic Crimes Act No. 5 of 2025. These acts criminalize various forms of corruption and establish institutions like the Prevention and Combating of Corruption Bureau (PCCB) and the Zanzibar Anti-Corruption and Economic Crimes Authority (ZAECA) to investigate and prosecute offenses. While enforcement remains a challenge, the legal framework is continually being strengthened to promote accountability and transparency.

The shift in mindset, however, requires more than just new legislation; it demands effective implementation and a cultural change within both public institutions and the citizenry. The Vice-President's remarks highlight the ongoing journey to ensure that the legal system is not only robust but also perceived and utilized as a dynamic enabler of progress, fostering an environment where rights are protected, investments flourish, and governance is transparent.

The call by Zanzibar's Second Vice-President for a mindset shift regarding the law marks a pivotal moment in Tanzania's developmental trajectory. By advocating for law as a catalyst for growth rather than merely a tool of control, the government signals a commitment to leveraging its legal framework for economic prosperity and societal well-being. The ongoing legislative reforms, particularly in investment, property rights, and anti-corruption, demonstrate tangible steps towards this vision, aiming to create a more predictable, transparent, and efficient legal environment for all stakeholders.

For legal practitioners, this evolving landscape presents both challenges and opportunities. Attorneys must remain abreast of the latest legislative amendments, such as the Tanzania Investment Act, 2022, and the Zanzibar Investment Act, 2023, to effectively advise clients on investment structuring, dispute resolution mechanisms, and compliance requirements. Furthermore, practitioners have a crucial role in advocating for continued legal and institutional reforms, educating the public on their rights and obligations, and promoting a culture of adherence to the rule of law as a foundation for sustainable development. The success of this mindset shift will ultimately depend on consistent political will, effective judicial administration, and the collective embrace of law as a shared instrument for national progress.