By FAUSTINE KAPAMA-Judiciary
THE High Court, Dar es
Salaam Main Registry, has allowed former Acting Director of Research,
Information and Publication Department with the Tanzania Institute of
Education, Dr. Daud Kaijigili, to challenge presidential decision over his
dismissal from employment for alleged misconduct.
Judge Moses Mzuna ruled
in favour of Dr. Kaijigili, the applicant, after granting his application for
leave to apply for prerogative orders of certiorari to quash the presidential
decision to endorse his termination.
He also allowed the
applicant to apply for orders of mandamus to compel and direct the Tanzania
Institute of Education, respondent and two others, the Chief Secretary and
Attorney General to act according to the law, thereby allowing him to resume
from his previously employment position.
“This application for leave is allowed. Leave
is hereby granted to the applicant to apply for prerogative orders of
certiorari and mandamus. Each party to bear its own costs,” the judge said in
the ruling delivered recently.
He pointed out that since
the respondents could not contest the application despite the fact that they
filed a joint counter affidavit to the supplementary affidavit, the court found
the same to have merits.
“It is my findings that
this application raises serious contentious issues of law which cannot be left
undetermined. It is one of the fit applications for consideration by way of
judicial review. I grant the applicant such avenue for redress,” the judge
said.
He closely went through
the applicant’s affidavit which demonstrated that he was employed by the
respondent and then terminated from employment on October 18, 2018. The applicant subsequently thereafter lodged
an appeal and his supplementary affidavit insisted that he was affected.
Furthermore, the judge
noted from the applicant's statement, which demonstrated three points which he
considered to raise an arguable case including but not limited to error of law,
unreasonableness and breach of natural justice.
To support such findings,
the applicant annexed some documents, including a letter of employment, a
letter of promotion, suspension letter, the termination letter from the
respondent and the final decision by the President.
Furthermore, the judge
observed, the decision to uphold the finding of the commission was issued on
January 21, 2022 and this application was filed on June 20 2022, that means
within statutory time limit of six months.
“The applicant has
demonstrated sufficient interests in the matter, existence of an arguable case
as well as the fact that the application is within time,” he said.
The applicant was an
employee of Tanzania Institute of Education since March 30, 2020 as a
Curriculum Developer grade III and later on promoted to Acting Director of
Research, Information and Publication Department.
He was suspended from
employment through a letter dated October 18, 2017 and on July 25, 2018 he
received another letter with the charge informing him of the alleged
misconduct. On October 18, 2018 the applicant was terminated from employment by
the respondent.
Aggrieved by the decision
of the Permanent Secretary Public Service Commission, he appealed to the
President of United Republic of Tanzania who on January 21, 2022 confirmed the
decision of the Commission. The applicant was aggrieved and decided to file the
application in question.
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