rs of certiorali mandamus and prohibition by halima james mdee 18 others and in the matter of the decision of chadema expelling the applicants from being members of ch
The Governing Council of CHADEMA contravened the impartiality principle by allowing members who participated in the initial expulsion decision to sit on appeal, violating natural justice. Although applicants were afforded the opportunity to be heard before the Central Committee, they failed to utilize it. The appeal to the Governing Council constituted a demand for performance, which was refused. The writs of Certiorari and Mandamus are granted; Prohibition is not grantable as the decision was already made.
Source excerpt
- Judicial review
- Natural justice
- Expulsion from political party
- Bias in decision making
- Mandamus
- Certiorari