andrew john chenge vs public leaders ethics secretariat others 2015 tzhc 2107 26 june 2015

andrew john chenge vs public leaders ethics secretariat others 2015 tzhc 2107 26 june 2015

The High Court lacks jurisdiction to entertain the petition as it seeks to challenge National Assembly resolutions and proceedings protected by absolute parliamentary privilege under Article 100(1) of the Constitution. The petitioner had alternative remedies under rule 68 of the Standing Orders and cannot benefit from a court order in a suit to which he was not a party. No cause of action is established against the respondents.

Citation
andrew john chenge vs public leaders ethics secretariat others 2015 tzhc 2107 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
Parliamentary Privilege, Separation of Powers, Alternative Remedies, Right to Be Heard, Judicial Review
Source Language
English
Constitutional Law Administrative Law Parliamentary Law Parliamentary Privilege Separation of Powers Alternative Remedies Right to Be Heard Judicial Review

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 resolutions under Article 100(1) of the Constitution
  2. 2 Whether the petitioner had alternative remedies available under other laws, specifically rule 68 of the Parliamentary Standing Orders
  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 seeks to challenge National Assembly resolutions and proceedings protected by absolute parliamentary privilege under Article 100(1) of the Constitution. The petitioner had alternative remedies under rule 68 of the Standing Orders and cannot benefit from a court order in a suit to which he was not a party. No cause of action is established against the respondents.

Court Disposition

petition struck out with costs

Orders

  • The entire petition is struck out with costs.