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The High Court held that the CMA lacked jurisdiction over a dispute involving public servants and set aside its awards, directing the respondents to the Public Service Commission.
The appellant was not denied the right to be heard as she was afforded multiple opportunities to defend herself but absconded without reasonable cause. The amended charge properly reflected the total loss of TZS 37,573,274/=, and the compensation order of TZS 35,000,000/= did not exceed the proven loss. The proceedings were not rendered a nullity by procedural irregularities, and the evidence, including direct testimony and documentary exhibits, proved the offence beyond reasonable doubt. Civil remedies were not applicable as the matter was criminal in nature, and salary deductions during int…
Source excerpt
The High Court dismissed a labour revision application, holding that the CMA had jurisdiction over a public servant’s dispute and that appeal to the PSC was optional.
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