Tanzania’s latest bill and what it means for same-sex marriage

The proposed law will also target acts that the government believes go against public morals.

Currently being finalised before parliament, the Criminal Justice (Miscellaneous Amendments) Bill includes revisions to the country’s Penal Code (Section 176) and will reinforce Tanzania’s existing position on marriage and public morality.

According to Deputy Minister for Constitution and Legal Affairs, Jumanne Sagini, one of the proposed changes would affect Section 176 of the Penal Code, which is expected to include new language to clamp down on behaviour considered to violate public morals, including same-sex relationships.

Sagini made the statement on June 09 in parliament, in response to a question raised by Member of Parliament Noah Sautu, who asked when the government planned to amend the Marriage Act to explicitly ban same-sex unions.

In reply, the Deputy Minister said that the country’s law already defines marriage as a voluntary union between a man and a woman, adding that Tanzanian law recognises both monogamous and polygamous marriages but does not allow or acknowledge any other form of union.

He further stated that any marriage that falls outside this legal definition, including those between partners of the same sex, cannot be accepted under current Tanzanian law.

Sagini also noted that the new legal changes follow recommendations from the Criminal Justice Commission, which has called for updates to legislation that would address what the government refers to as immoral conduct.