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Tanzania decisions
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The CMA was functus officio after its initial ruling on jurisdiction and could not redetermine the same issue; however, the CMA lacked jurisdiction over the dispute as the Applicant was a public servant, and the proper remedy is for the Applicant to exhaust internal remedies under the Public Service Act.
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The High Court Labour Division dismissed a retired employee’s claim for unpaid social security-related benefits, holding that jurisdiction lay with the Social Security Regulatory Division.
Section 32A of the Public Service Act does not apply retrospectively; thus, the CMA had jurisdiction. However, the arbitrator erred by not properly framing the core issue of which policy document should govern the respondents' retirement benefits, necessitating a fresh arbitration.
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The applicant failed to account for each day of delay, which exceeded one year, and did not attach the award to substantiate the alleged illegality; therefore, no sufficient reason was shown to warrant extension of time.
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The High Court set aside a CMA ruling that re-opened an already decided objection and held the arbitrator also acted contrary to a prior High Court order.
The High Court granted leave to extend time for filing a revision application, finding the delay was technical and not shown to be caused by negligence.
CMA is not a court under the Government Proceedings Act; Government and Attorney General cannot be sued in CMA; 90 days' notice does not extend time under Rule 10; Applicant, as a public servant, must exhaust local remedies under Public Service Act before seeking labour law remedies; application filed out of time must be dismissed, not struck out; notice of intention to file revision is mandatory and its omission renders the application incompetent.
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The CMA lacked jurisdiction to entertain the matter after the President's final decision on the applicant's termination; the proper remedy was judicial review before the High Court, not a fresh application to the CMA.
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The High Court quashed CMA proceedings and set aside an award after finding the dispute was filed without exhausting statutory remedies under the Public Service Act.
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