20090219 TZHC Mwanza

~ ~ .· •,("'"\, - ..J. -~''i(",.,..... ~ ' IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

IN THE DISTRICT REGISTRY

ATMWANZA MISC. CIVIt APPLICATION NO. 02.OF-2007 {arising from the District Court of Nyamagana at Mwanza. Emp. Cause No. 21 of 2006} 1. MODEST KAMHAND 2. YOHANA DEDE 3. MAWAZO DAUD • II ••••••••••••••• APPLICANTS 4. MASALU SHABAN 5. THOMAS OTIENO Versus BRANCH MANAGER; MOHAMED ENTERPRISES- MWANZA ... I ■•··•·■■■■ I ■ . ~I ■ ••• ■ •••••••••• •·• 111 • • • • I •• ■ I ••• RESPONDENT ..

JUDGMENT 17.02.2009 -19.02.2009 G. K. RWAKIBARILA, J . , Five applicants in this case are Modest Kainhanda, Yohana Dede, Mawazo Daudi, Masalu shabani and Thomas Otieno. They were, up to 01.03.2005, employed as watchmen by respondent who is the Mwanza . Branch Manager for Mohammed Enterprises. But on that day, i.e 01.03.2005, they were summarily terminated their services and from that juncture referred this matter at the Mwanza Labour Office. The Regional Labour Officer there failed to chart out a settlement betwe~n applicants and respondent and ultimately referred this matter to the Principal Resident Magistrate in-charge for Mwanza Region on 27.02.2006. 1 And on 14.03.2006 an Employment Cause: No. 21 of-2006 was instituted where the current applicants · and respondent were plaintiffs and defendant respectively. However, on 07.09.2006 the Resident Magistrate there (Mr. K. D. Mhina, RM) opined that the normal courts don't have jurisdiction to. entertain Labour matters under provi~ions, of the Security of Employment Act,. Cap.

574. Then he dismissed this matter. In fact on 07.09.2006 when the learned Resident Magistrate was referring to The Security of Employment Act, Cap. 571 it was no longer the law. The whole of that Act was repealed by · Section 102 (1) and (2) of The Employment and Labour. Relations Act, No. 6 of 2004; read together with the second schedule to that Act. And under Section 94'(1) of.the said Act No. 6 of 2004 (supra), jurisdiction of labour matters was exclusively . vested on the Labour Courts. This Act ·No. 6 of 2004 (supra) ... commenced on 01.02.2005 vide GN. No. 24 of 2005. It follows that on 01.03.2005 (When applicants were summarily terminated), ' 27.02.2006 (when the regional labour officier referred this matter to the Principal Resident Magistrate) or 07.09.2006 (when the learned Resident Magistrate at Mwanza determined that he had no . . jurisdiction over this matter), The Security of Employme_nt Act •.· · (supra) was already repealed and no longer; applicable. 2 The proper way to follow by the learned Resident Magistrate was to dismiss this surt for lack of jurisdiction under section 94-(1_) of The Employment and Labour Relations Act (supra). After that dismissal, applicants should have pursued this matter under the procedure provided for under Sections 86-95 of that Act through mediators and arbitrators appointed by the commission or labour court, presided over by a

judge of the High Court.. Therefore this application does not fit to be pursued in this court and it is dismissed. However applicants are not barred to pursue their case in the proper labour court, subject to limitation . ., Coram: G. K. Rwakibarila, J 1st -Applicant 2nd Applicant 3rd Applicant All 5 are present 4th Applicant 5th Applicant 3 .. \ Respondent: Absent B/C: Leonard I r ·1 . 't ·I 1 J .1 'I .iI i II l . f !' I l .! ,) ' I ' . \ i I) I I ·1 I I i ,. ,, ---'!"a. .. I ' 1 !'I II ·. l i Il 4 I! ,[ ·1 I· l r '! I I .i I ·l I 'i ·J