Alhamisi, 16 Juni 2022

PRINCIPAL LAND OFFICER APPLICATION AGAINST TERMINATION HITS SNAGS

By FAUSTINE KAPAMA-Judiciary

THE High Court’s Labour Division has declared redundant the application lodged by former Principal Land Officer with Shinyanga Municipal Council Elias Augustine seeking extension of time to apply for leave to appeal against a decision, which confirmed his termination from employment services.

Judge Katharina Mteule reached into such a decision after noting that the application in question was superfluous as there was no legal requirement to seek leave to appeal against a decision of the High Court Labour Division to the Court of Appeal.

“Thus, on the foregoing, I find the present application superfluous. Having found no legal requirement to have this application filed, the said application is hereby declared redundant. It is so ordered,” the judge said.

She pointed out that appeal from the decision of the Court is governed by the provision Section 57 of the Labour Institution Act, No. 7 of 2004 which provides that any party to the proceedings in the Labour Court may appeal against the decision of that Court to the Court of Appeal on a point of law only.

The judge was of the firm position, therefore, that the provision in question does not require the Elias Augustine, the applicant, to file application for leave in order to appeal against the decision of the Court to the Court of Appeal.

According to her, such provision has been interpreted in the case of Remigious Muganga versus Barrick Bulyanhulu Gold Mine, Civil Appeal No, 47 of 2017, Court of Appeal of Tanzania, at Mwanza (unreported).

The appellate court held, “(…..) We are unable to agree with him that the appellant was required to obtain leave before he lodged the appeal. The section gives a party to the proceedings in the Labour Court unfettered right to appeal to this Court.

“The provision does not restrict that right to the decisions made under any specified laws. It allows a party to the proceedings conducted in the Labour Court to appeal regardless of the law under which those proceedings were based.

“The only restriction is that the appeal must be on a point of law only. The section is couched in a way that it accommodates any proceeding conducted in the Labour Court."
 

The judge pointed out, therefore, that in line with the case of Remigious Muganga, which interpreted Section 57 of the Labour Institutions Act, it was obvious that there is no legal requirement to seek leave to appeal against a decision of the High Court Labour Division to the Court of Appeal.

Facts show that the applicant was an employee of the Shinyanga Municipal Council. He was originally employed on December 6, 2003 as a Land Officer. On July 5, 2010 he was promoted to become Principal Land Officer Glade I, before being charged with disciplinary offence by his employer.

 After disciplinary hearings, the applicant was demoted to Land Officer Grade III. Not satisfied with the decision he appealed to the Public Service Commission and ultimately to the Chief Secretary who acts on behalf of the President.

On appellate stage another offence was added which triggered the termination of the Applicant's employment. Being aggrieved by the decision of the Public Service Commission, the applicant filed an application before the Court, requesting for an order of certiorari, mandamus and any other order.

That application was dismissed for lacking merits. The Applicant wanted to appeal to the Court of Appeal against that decision and was to seek for the leave of the Court to appeal but he is time barred. It was at that point when he decided to apply for extension of time to lodge the application for leave.

Judge Katharina Mteule.
Court Hammer.

High Court building in Dar es Salaam.

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