iddi haruni vs the permanent secretary presidents office public service management good governance 2 others 2023 tzhc 17358 9 may 2023

iddi haruni vs the permanent secretary presidents office public service management good governance 2 others 2023 tzhc 17358 9 may 2023

The applicant demonstrated sufficient interest and an arguable case regarding the legality and procedural propriety of his transfer, and the transfer letter constituted a reviewable act. The application was filed within the statutory time limit. Leave to apply for judicial review is therefore granted.

Citation
iddi haruni vs the permanent secretary presidents office public service management good governance 2 others 2023 tzhc 17358 9 may 2023
Parties
Applicant: Iddi Haruni; 1st Respondent: The Permanent Secretary President's Office, Public Service Management and Good Governance; 2nd Respondent: Mzumbe University; 3rd Respondent: Tanzania Forest Research Institute; 4th Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 2023
Procedural Posture
Judicial Review (application for Leave) / Ruling on Application for Leave to Apply for Certiorari, Prohibition, and Mandamus
Outcome
Leave to apply for judicial review granted
Legal Topics
Judicial Review, Transfer of Public Servants, Procedural Fairness, Employment Rights
Source Language
English
Administrative Law Employment Law Public Service Law Judicial Review Transfer of Public Servants Procedural Fairness Employment Rights

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Parties

Iddi Haruni

Applicant

The Permanent Secretary President's Office, Public Service Management and Good Governance

1st Respondent

Mzumbe University

2nd Respondent

Tanzania Forest Research Institute

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Judicial Review (application for Leave) / Ruling on Application for Leave to Apply for Certiorari, Prohibition, and Mandamus

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient interest to seek judicial review
  2. 2 Whether there is an arguable case for judicial review regarding the transfer decision
  3. 3 Whether the transfer decision constitutes a reviewable act under judicial review procedures

Ratio Decidendi

The applicant demonstrated sufficient interest and an arguable case regarding the legality and procedural propriety of his transfer, and the transfer letter constituted a reviewable act. The application was filed within the statutory time limit. Leave to apply for judicial review is therefore granted.

Court Disposition

Leave to apply for judicial review granted

Orders

  • Applicant to file main application for judicial review within 14 days from the date of the ruling
  • Costs to follow events