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Tanzania decisions
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The High Court quashed the Tanganyika Law Society Electoral Appeals Committee’s decision disqualifying a presidential candidate, holding it acted ultra vires and denied a hearing.
The applicant has no cause of action against the 3rd respondent as no act or omission is alleged and declaratory relief is not available in judicial review; however, the applicant has established a prima facie case for leave to apply for judicial review against the 1st and 2nd respondents based on alleged denial of hearing and possible ultra vires action by the President.
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The Appointments, Disciplinary and Staff Development Committee and Council of Tanzania Institute of Education acted within their statutory powers to terminate the applicant; the President and Public Service Commission considered the applicant's grounds and provided reasons; there was no breach of the right to be heard or procedural impropriety; and the decision was not irrational or illegal on the record. The application for certiorari and mandamus lacked merit.
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The High Court granted leave for judicial review over a church leader’s termination, finding an arguable case, timely filing, and sufficient interest.
The Court of Appeal held that the High Court had no jurisdiction to hear a suit challenging police disciplinary action, and it nullified the High Court proceedings.
The application was dismissed because the applicant failed to demonstrate any procedural illegality or ultra vires action by the disciplinary authorities, the cited regulations and guidelines lacked legal force due to non-publication or lack of ministerial approval, all grounds of appeal were addressed by the Public Service Commission and the President, and the applicant's actions established a prima facie case of misconduct causing government loss.
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The High Court granted leave for judicial review over a levy on electronic money transactions, finding an arguable case, sufficient interest, and prompt filing.
The High Court granted leave for judicial review over the suspension of a primary mining licence, finding the applicant had shown a prima facie case.
The High Court quashed a police dismissal decision for lack of jurisdiction and ordered reinstatement, holding the Commission acted ultra vires and bypassed the proper disciplinary process.
The Minister failed to consult relevant local authorities before declaring the Pololeti Game Controlled Area, constituting procedural impropriety and illegality under section 16(1) of the Wildlife Conservation Act. However, the impugned GN No. 421 of 2022 was impliedly repealed when the President upgraded the area to a Game Reserve via GN No. 604 of 2022, rendering the application for certiorari and prohibition academic as the challenged order no longer exists.
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