iddi haruni vs the permanent secretary presidents office public service management and good governance and 3 others 2023 tzhc 22319 1 november 2023

iddi haruni vs the permanent secretary presidents office public service management and good governance and 3 others 2023 tzhc 22319 1 november 2023

The application was struck out as premature and incompetent because the applicant failed to exhaust alternative remedies available under the Public Service Act before seeking judicial review. The court found that the Public Service Act provides for appeals to the Public Service Commission and other authorities, and these remedies must be pursued first.

Citation
iddi haruni vs the permanent secretary presidents office public service management and good governance and 3 others 2023 tzhc 22319 1 november 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
1 November 2023
Procedural Posture
Judicial Review Application / Ruling on Preliminary Objection and Merits
Outcome
Application struck out as incompetent for failure to exhaust alternative remedies; no order as to costs.
Legal Topics
Judicial Review, Exhaustion of Remedies, Transfer of Public Servants, Certiorari, Mandamus, Prohibition
Source Language
English
Administrative Law Labour Law Public Service Law Judicial Review Exhaustion of Remedies Transfer of Public Servants Certiorari Mandamus +1 more

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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 / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the application is premature for failure to exhaust alternative remedies under the Public Service Act
  2. 2 Whether the transfer decision was tainted with illegality
  3. 3 Whether the legal requirements for certiorari and mandamus are met

Ratio Decidendi

The application was struck out as premature and incompetent because the applicant failed to exhaust alternative remedies available under the Public Service Act before seeking judicial review. The court found that the Public Service Act provides for appeals to the Public Service Commission and other authorities, and these remedies must be pursued first.

Court Disposition

Application struck out as incompetent for failure to exhaust alternative remedies; no order as to costs.