lenatus damiano pempula vs the prevention and combating of corruption bereau pccb and 2 others 2021 tzhc 5889 3 september 2021

lenatus damiano pempula vs the prevention and combating of corruption bereau pccb and 2 others 2021 tzhc 5889 3 september 2021

The preliminary objection is misconceived because the notice and joinder requirements under the Government Proceedings Act apply only to civil proceedings, not criminal applications. In criminal matters, the DPP is the proper party to appear, not the Attorney General or Solicitor General.

Citation
lenatus damiano pempula vs the prevention and combating of corruption bereau pccb and 2 others 2021 tzhc 5889 3 september 2021
Parties
Applicant: Lenatus Damiano Pempula; 1st Respondent: Prevention and Combating of Corruption Bureau (PCCB); 2nd Respondent: Director General of the Prevention and Combating of Corruption Bureau (PCCB); 3rd Respondent: Regional Bureau Chief (RBC) of PCCB - Rukwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 September 2021
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Preliminary Objection, Notice Requirement, Joinder of Parties
Source Language
English
Criminal Law Administrative Law Preliminary Objection Notice Requirement Joinder of Parties

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Parties

Lenatus Damiano Pempula

Applicant

Prevention and Combating of Corruption Bureau (PCCB)

1st Respondent

Director General of the Prevention and Combating of Corruption Bureau (PCCB)

2nd Respondent

Regional Bureau Chief (RBC) of PCCB - Rukwa

3rd Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a 90-day notice under section 6(2) of the Government Proceedings Act is required in a criminal application
  2. 2 Whether non-joinder of the Attorney General or Solicitor General renders the application incompetent

Ratio Decidendi

The preliminary objection is misconceived because the notice and joinder requirements under the Government Proceedings Act apply only to civil proceedings, not criminal applications. In criminal matters, the DPP is the proper party to appear, not the Attorney General or Solicitor General.

Court Disposition

Preliminary objection dismissed

Orders

  • Application to be heard on merits
  • No order as to costs