Tanzania Case Law

deus sam vs jumuiya ya watumishi maji uchira 2023 tzhc 18952 12 july 2023

Court

TZHC

The respondent is a government entity managed and controlled by RUWASA, a government agency, but the applicant, employed on a fixed term contract and paid outside government salary scales, is not a public servant. Therefore, the CMA had jurisdiction to determine the dispute, and the Arbitrator erred in ruling otherwise.

Source excerpt

• Jurisdiction of cma
• Public servant definition
• Government entity status
• Termination of employment

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tanzania electric supply coltd vs nkunga mitapa 2022 tzhcld 192 28 april 2022

Court

TANZLII

The High Court held that a TESOCO employee on permanent terms was a public servant, so the CMA lacked jurisdiction and the award was quashed.

• Jurisdiction of cma
• Public servant definition
• Procedural fairness in termination
• Labour-law
• Public-service-law
• Employment-jurisdiction

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alex gabriel kazungu and 2 others vs tanzania electric supply company ltd 2021 tzhc 4059 13 july 2021

Court

TZHC

TANESCO employees are public servants governed by the Public Service Act. They must exhaust remedies under the Act before approaching the Commission for Mediation and Arbitration. CMA lacks jurisdiction until such remedies are exhausted.

Source excerpt

• Jurisdiction of cma
• Public servant definition
• Exhaustion of remedies

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tanroadsmbeya vs felix masatu 2020 tzhc 1888 23 july 2020

Court

TZHC

The High Court dismissed TANROADS’ labour revision as interlocutory, holding that revision was barred because the CMA ruling did not finally determine the dispute.

• Jurisdiction of cma
• Public service act vs employment and labour relations act
• Interlocutory appeals
• Public servant definition
• Labour-revision
• Interlocutory-decisions

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19930716 TZHC Tabora

Court

TZHC

The High Court allowed a criminal appeal, holding the prosecution had not proved beyond reasonable doubt that the appellant corruptly received Shs. 12,000/=.

• Corrupt transactions
• Public servant definition
• Burden of proof
• Accomplice evidence
• Criminal-appeal
• Anti-corruption

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19750217 TZHC Mwanza

Court

TZHC

The appellant was a public servant as defined by law, and evidence established fraudulent false accounting and theft on counts one, two, three, and five. Defective charges and irregularities in evidence were curable and did not cause injustice. Counts four, six, seven, and eight were not conclusively proved and convictions thereon were quashed.

Source excerpt

• Fraudulent false accounting
• Theft by public servant
• Minimum sentences
• Public servant definition

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