Tanzania Case Law

RULING ESTHER NATHANIEL MDEME VS TARIME POLICE COMMANDER AND 3 OTHERS FINAL NEW

Court

TANZLII

The disciplinary process was vitiated by illegality due to failure to conduct a preliminary inquiry, use of an unsigned and thus defective charge, and denial of the applicant's right to liberty and fair hearing during a bailable offence. These procedural violations rendered the dismissal decision unlawful and invalid, warranting its quashing and the applicant's reinstatement.

Source excerpt

• Judicial review
• Certiorari
• Mandamus
• Natural justice
• Disciplinary proceedings
• Police employment

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EX

Court

TANZLII

The High Court granted leave for a former police officer to seek certiorari and mandamus challenging his dismissal, finding an arguable case and no alternative remedy.

• Judicial review
• Certiorari
• Mandamus
• Dismissal from employment
• Police service
• Disciplinary proceedings

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ex f 8347 dc magnus machona nkomola vs the inspector general of police another 2024 tzhc 672 7 march 2024

Court

TZHC

High Court granted a police officer 20 days to seek leave for judicial review, finding apparent illegalities in disciplinary proceedings justified extension of time.

• Extension of time
• Judicial review
• Disciplinary proceedings
• Illegality as ground for extension
• Limitation of actions
• Extension-of-time

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john batista vs sos childrens village tanzania 2024 tzhcld 1 8 february 2024

Court

TANZLII

The High Court upheld the dismissal of a labour revision challenging termination for gross negligence in failing to report a child abuse incident.

• Unfair termination
• Gross negligence
• Employment contract
• Child protection policy
• Disciplinary proceedings
• Unfair-termination

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pan african energy tanzania limited vs jihn msigala 2024 tzca 5 4 january 2024

Court

TZCA

The Court of Appeal held that gross insubordination can justify termination even when committed off-duty and outside the workplace, if linked to the employment relationship.

• Unfair termination
• Gross insubordination
• Workplace misconduct
• Employment relationship
• Disciplinary proceedings
• Gross-insubordination

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MISC CIVIL CAUSE NO 7817 OF 2024

Court

TANZLII

The composition and quorum requirements of the National Advocates Committee, as stipulated in section 4(5) of the Advocates Act, create a real danger of bias when the Attorney General is the complainant and the Deputy Attorney General and Director of Public Prosecutions are also conflicted. However, this situation is case-specific and does not render the statutory provisions unconstitutional in general. The anomaly can be addressed administratively, and alternative mechanisms exist under the Tanganyika Law Society (Ethics) Regulation, 2022.

Source excerpt

• Bias and impartiality
• Right to fair hearing
• Equality before the law
• Disciplinary proceedings
• Statutory interpretation

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MAREJEO NA

Court

TANZLII

The applicant failed to prove he was suspended from employment as alleged. There was no written evidence of suspension, and the evidence showed he stopped attending work after a disciplinary meeting. The CMA properly analyzed the evidence and reached a correct decision.

Source excerpt

• Suspension from employment
• Procedural fairness
• Burden of proof
• Employment contract
• Disciplinary proceedings

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REV NO 18327 OF 2024 BENEDICTO PAUL VRS BAYPORT FINANCIAL SERVICE LIMITED

Court

TANZLII

Termination was substantively fair due to proven gross negligence, but procedurally unfair as Applicant was not served with investigation report prior to disciplinary hearing, infringing right to be heard.

Source excerpt

• Unfair termination
• Procedural fairness
• Gross negligence
• Disciplinary proceedings

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REV NO 12255 OF 2024 JIMMY WHITSUN MOSHI VRS CRDB BANK PLC

Court

TANZLII

The applicant was guilty of gross dishonesty by entering into a fictitious loan agreement and transacting in a suspicious account, violating the bank's Code of Conduct and Ethics and failing to report the suspicious transaction. The disciplinary process was fair, and the termination was justified both substantively and procedurally.

Source excerpt

• Unfair termination
• Gross dishonesty
• Conflict of interest
• Procedural fairness
• Disciplinary proceedings

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GRACE MUNISI VERANKIRA AND 2 OTHERS V

Court

TANZLII

CMA Dar es Salaam lacked territorial jurisdiction over disputes arising in Manyara and Kilimanjaro, and improper admission and endorsement of exhibits rendered proceedings a nullity. The court has no power to nullify employer's disciplinary proceedings.

Source excerpt

• Territorial jurisdiction
• Procedural fairness
• Admission of evidence
• Disciplinary proceedings
• Unfair termination

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