Top Story: Ugandan Lawyer Sues Tanzania Over Business Ban on EAC Nationals
Arusha, Tanzania — A Ugandan lawyer has filed a landmark petition at the East African Court of Justice (EACJ), challenging a controversial Tanzanian law that bans non-citizens — including East African Community (EAC) nationals — from engaging in a wide range of small and medium-sized businesses.
Steven Kalali, through Kampala-based law firm M/s Neon Advocates, submitted the petition to the EACJ’s First Instance Division in Arusha via the court’s Kampala sub-registry. He is contesting Tanzania’s Business Licensing (Prohibition of Business Activities for Non-Citizens) Order, 2025, issued on July 28 by Trade Minister Selemani Saidi Jafo.
Kalali argues that the order is a direct violation of the EAC Treaty and the Protocol on the Establishment of the EAC Common Market — legal frameworks that guarantee the free movement of labour, services, and investments among partner states.
The law criminalises EAC citizens’ participation in numerous everyday economic activities such as retail trade (outside of supermarkets and specialized outlets), mobile money operations, phone and electronics repairs, hairdressing (excluding services to tourists), small-scale mining, tour guiding, cleaning services, and curio and museum shop operations. Violators face penalties of up to TShs 10 million (approx. UGX 14 million) or up to six months in prison.
Kalali warns that the law not only discriminates against fellow East Africans but also sets a dangerous precedent that could erode the principles of regional integration.
“This order introduces illegal non-tariff barriers and undermines the fundamental freedoms enshrined in the EAC Treaty,” Kalali said in a sworn affidavit, calling himself a staunch advocate for regional integration.
The petition invokes multiple articles of the Treaty and Protocol — including Articles 3, 4, 5, 6, 7, 8, 13, 16, 24, and 29 — arguing that the Tanzanian order criminalises lawful cross-border trade and employment, while contradicting the spirit of unity and cooperation that the EAC was built on.
Kalali is asking the regional court to:
- Nullify the Tanzanian order for violating EAC law;
- Declare Section 3 of the order void for unlawfully restricting EAC citizens’ right to trade and work;
- Permanently bar the Tanzanian government from enforcing the order against other EAC nationals.
The petition, which Kalali describes as a public interest suit, highlights the livelihoods of thousands of East Africans who depend on cross-border commerce and informal sector jobs.
The Attorney General of Tanzania has 45 days to file a formal response before the EACJ sets a date for the hearing — a legal battle that could have far-reaching implications for regional trade, migration, and integration across East Africa.
