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Tanzania decisions
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The Political Parties Act provides adequate statutory remedies for the alleged violations, including the Registrar's power to act. The Petitioner did not demonstrate exhaustion or inadequacy of these remedies. Therefore, invoking the constitutional jurisdiction of the High Court is inappropriate in this case.
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The suit was filed prematurely as the plaintiff failed to exhaust statutory remedies provided under the NSSF Act and Social Security Act before approaching the court; this renders the suit incompetent.
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The CMA lacked jurisdiction to entertain the matter as the respondent was a public servant who had not exhausted statutory remedies under the Public Service Act.
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The Court of Appeal held that the CMA lacked jurisdiction over a public servant’s dispute and quashed the CMA and High Court proceedings and orders.
The Court held that since section 57 of the Labour Institutions Act, 2004 provides an adequate statutory remedy by allowing appeals on points of law to the Court of Appeal, the High Court was correct in declining to entertain the constitutional petition. The appellant was required to exhaust the statutory appeal process before invoking constitutional jurisdiction.
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Where adequate statutory remedies exist, including the right to be heard and to appeal under the Fair Competition Act, a petitioner must exhaust those remedies before invoking the jurisdiction of the High Court under the Basic Rights and Duties Enforcement Act. The petition is incompetent as the Petitioner failed to exhaust available remedies under the Fair Competition Act.
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