ALEXANDER BARUNGUZA

ALEXANDER BARUNGUZA

The preliminary objection is a pure point of law, but the petitioner's affidavit sufficiently states the extent to which he is personally affected by the impugned Act, satisfying Section 4(2) of the Act. The petitioner has locus standi under Article 30(3) of the Constitution to challenge the Act, even if not a public servant.

Citation
ALEXANDER BARUNGUZA
Parties
Petitioner: Alexander J. Barunguza; Respondent: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1970
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Locus Standi, Preliminary Objection, Affidavit Requirements, Public Service Employment, Right to Work
Source Language
English
Constitutional Law Administrative Law Locus Standi Preliminary Objection Affidavit Requirements Public Service Employment Right to Work

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Parties

Alexander J. Barunguza

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is incompetent for contravening Section 4(2) of the Basic Rights and Duties Enforcement Act as amended
  2. 2 Whether the petitioner has locus standi to challenge the Public Service Act provisions

Ratio Decidendi

The preliminary objection is a pure point of law, but the petitioner's affidavit sufficiently states the extent to which he is personally affected by the impugned Act, satisfying Section 4(2) of the Act. The petitioner has locus standi under Article 30(3) of the Constitution to challenge the Act, even if not a public servant.

Court Disposition

preliminary objection dismissed

Orders

  • No order as to costs