andrew john chenge vs public leaders ethics secretariat 2015 tzhc 5 26 june 2015

andrew john chenge vs public leaders ethics secretariat 2015 tzhc 5 26 june 2015

The High Court lacks jurisdiction to inquire into or grant relief concerning the proceedings and resolutions of the National Assembly due to the absolute privilege conferred by Article 100(1) of the Constitution. The petitioner also had alternative remedies available under rule 68 of the Parliamentary Standing Orders, precluding constitutional relief under section 8(2) of the Basic Rights and Duties Enforcement Act. The petitioner, not being a party to the relevant interim court order, cannot derive benefit from it, and there is no cause of action against the respondents for acts of the National Assembly.

Citation
andrew john chenge vs public leaders ethics secretariat 2015 tzhc 5 26 june 2015
Parties
Petitioner: Hon. Andrew John Chenge; 1st Respondent: The Public Leaders’ Ethics Secretariat; 2nd Respondent: The Tanzania Public Leaders’ Ethics Tribunal; 3rd Respondent: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 2015
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
petition struck out with costs
Legal Topics
Jurisdiction, Parliamentary Immunity, Alternative Remedies, Right to Be Heard, Separation of Powers
Source Language
English
Constitutional Law Administrative Law Parliamentary Privilege Jurisdiction Parliamentary Immunity Alternative Remedies Right to Be Heard Separation of Powers

Case Brief

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Parties

Hon. Andrew John Chenge

Petitioner

The Public Leaders’ Ethics Secretariat

1st Respondent

The Tanzania Public Leaders’ Ethics Tribunal

2nd Respondent

The Hon. Attorney General

3rd Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a petition challenging National Assembly proceedings and resolutions in light of Article 100(1) of the Constitution
  2. 2 Whether the petitioner had alternative remedies precluding constitutional relief under section 8(2) of the Basic Rights and Duties Enforcement Act
  3. 3 Whether the petitioner has a cause of action against the respondents

Ratio Decidendi

The High Court lacks jurisdiction to inquire into or grant relief concerning the proceedings and resolutions of the National Assembly due to the absolute privilege conferred by Article 100(1) of the Constitution. The petitioner also had alternative remedies available under rule 68 of the Parliamentary Standing Orders, precluding constitutional relief under section 8(2) of the Basic Rights and Duties Enforcement Act. The petitioner, not being a party to the relevant interim court order, cannot derive benefit from it, and there is no cause of action against the respondents for acts of the National Assembly.

Court Disposition

petition struck out with costs