engelbert lucas chelele vs police force immigration and prison service commission others 2022 tzhc 14174 12 october 2022

engelbert lucas chelele vs police force immigration and prison service commission others 2022 tzhc 14174 12 october 2022

The 1st respondent acted ultra vires in terminating the applicant's employment, as the power to do so was vested in the 2nd respondent. The process was vitiated by illegality and denial of natural justice, including failure to provide inquiry proceedings. The decision is null and void, warranting the grant of certiorari to quash the impugned actions.

Citation
engelbert lucas chelele vs police force immigration and prison service commission others 2022 tzhc 14174 12 october 2022
Parties
Applicant: Engelbert Lucas Chelele; 1st Respondent: The Police Force, Immigration and Prison Service Commission; 2nd Respondent: The Permanent Secretary, Ministry of Home Affairs; 3rd Respondent: The Inspector General of Police; 4th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 October 2022
Procedural Posture
Judicial Review (miscellaneous Cause) / Ruling on Application for Certiorari and Mandamus
Outcome
Order of certiorari granted; application otherwise dismissed.
Legal Topics
Jurisdiction of Disciplinary Authorities, Ultra Vires Administrative Action, Natural Justice in Disciplinary Proceedings, Remedies of Certiorari and Mandamus, Police Disciplinary Procedures
Source Language
English
Administrative Law Employment Law Judicial Review Jurisdiction of Disciplinary Authorities Ultra Vires Administrative Action Natural Justice in Disciplinary Proceedings Remedies of Certiorari and Mandamus Police Disciplinary Procedures

Case Brief

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Parties

Engelbert Lucas Chelele

Applicant

The Police Force, Immigration and Prison Service Commission

1st Respondent

The Permanent Secretary, Ministry of Home Affairs

2nd Respondent

The Inspector General of Police

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Judicial Review (miscellaneous Cause) / Ruling on Application for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the 1st respondent had jurisdiction to terminate the applicant's employment in the Tanzania Police Force
  2. 2 Whether the decision and conclusion reached by the military tribunal and confirmed by the 1st respondent was so unreasonable that no reasonable authority could have reached that decision
  3. 3 Whether the proceedings and decision of the military tribunal were tainted with serious illegalities and irregularities both of procedure and decision

Ratio Decidendi

The 1st respondent acted ultra vires in terminating the applicant's employment, as the power to do so was vested in the 2nd respondent. The process was vitiated by illegality and denial of natural justice, including failure to provide inquiry proceedings. The decision is null and void, warranting the grant of certiorari to quash the impugned actions.

Court Disposition

Order of certiorari granted; application otherwise dismissed.

Orders

  • Certiorari issued quashing the proceedings, judgment, and findings of the military tribunal and the termination letters.
  • No order of mandamus granted.