zitto zuberi kabwe vs the president of the united republic of tanzania and others 2020 tzhc 72 18 march 2020

zitto zuberi kabwe vs the president of the united republic of tanzania and others 2020 tzhc 72 18 march 2020

The court held that the applicant was entitled to file a constitutional petition challenging the acts of the President in his official capacity as public interest litigation under Article 26(2), and that the petition was not omnibus, frivolous, vexatious, or defective. The preliminary objections raised by the respondents were dismissed.

Citation
zitto zuberi kabwe vs the president of the united republic of tanzania and others 2020 tzhc 72 18 march 2020
Parties
Applicant: Zitto Zuberi Kabwe; 1st Respondent: The President of the United Republic of Tanzania; 2nd Respondent: The Attorney General; 3rd Respondent: Charles Kichere; 4th Respondent: Prof. Mussa Juma Assad
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2020
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Public Interest Litigation, Separation of Powers, Judicial Review, Constitutional Interpretation, Removal and Appointment of Controller and Auditor General
Source Language
English
Constitutional Law Administrative Law Public Interest Litigation Separation of Powers Judicial Review Constitutional Interpretation Removal and Appointment of Controller and Auditor General

Case Brief

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Parties

Zitto Zuberi Kabwe

Applicant

The President of the United Republic of Tanzania

1st Respondent

The Attorney General

2nd Respondent

Charles Kichere

3rd Respondent

Prof. Mussa Juma Assad

4th Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether Section 6(1) of the Public Audit Act is unconstitutional
  2. 2 Whether removal and replacement of the Controller and Auditor General before retirement age is unconstitutional
  3. 3 Whether the President can be sued in a constitutional petition in his official capacity

Ratio Decidendi

The court held that the applicant was entitled to file a constitutional petition challenging the acts of the President in his official capacity as public interest litigation under Article 26(2), and that the petition was not omnibus, frivolous, vexatious, or defective. The preliminary objections raised by the respondents were dismissed.

Court Disposition

preliminary objections dismissed

Orders

  • Costs in course