hon andrew john chenge vs the public leaders ethics secretariat and 2 others 2015 tzhc 2069 26 june 2015

hon andrew john chenge vs the public leaders ethics secretariat and 2 others 2015 tzhc 2069 26 june 2015

The High Court lacks jurisdiction to entertain the petition as it challenges National Assembly proceedings and resolutions protected by absolute parliamentary privilege under Article 100(1) of the Constitution. The petitioner also had adequate alternative remedies under rule 68 of the Standing Orders, and no cause of action lies against the respondents for acts of the National Assembly. The petition is legally unsustainable and is struck out with costs.

Citation
hon andrew john chenge vs the public leaders ethics secretariat and 2 others 2015 tzhc 2069 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 of Courts, Parliamentary Immunity, Alternative Remedies, Right to Be Heard, Separation of Powers
Source Language
English
Constitutional Law Administrative Law Parliamentary Privilege Jurisdiction of Courts 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 adequate 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 entertain the petition as it challenges National Assembly proceedings and resolutions protected by absolute parliamentary privilege under Article 100(1) of the Constitution. The petitioner also had adequate alternative remedies under rule 68 of the Standing Orders, and no cause of action lies against the respondents for acts of the National Assembly. The petition is legally unsustainable and is struck out with costs.

Court Disposition

petition struck out with costs

Orders

  • Petition struck out for want of jurisdiction and lack of cause of action.
  • Petitioner to pay costs.