BY FAUSTINE KAPAMA-Judiciary
THE High Court, Dar es Salaam Main Registry, has allowed former employee with Tanzania Institute of Education Stomin Masaka to challenge presidential decision over his dismissal from employment for negligence during production of text books for Primary and Secondary Schools.
High Court building in Dar es Salaam.
Judge Moses Mzuna ruled in favour of Masaka, the applicant, after granting his application for leave to apply for prerogative orders of certiorari to quash the decision of President on his termination as well as orders of mandamus to compel the Head of State to reinstate him as Senior Curriculum Developer.
“This application is allowed, leave is granted for the applicant to apply for prerogative orders of certiorari and mandamus. The same must be filed within 14 days from the date hereof as provided for under rule 8 (1) (b) of the Rules. No order as to costs,” the judge ruled.
He was satisfied that the application met all the three prerequisite conditions for granting leave to apply for judicial review, including the existence of any arguable case in that there is need to consider issue of exercise of jurisdiction by the relevant body or authority.
Judge Moses Mzuna.
Another condition met, according to the judge, related to the time within which the application was preferred which is six months from the limitation counting from December 20, 2021, while the same was filed on May 16, 2022.
“The applicant has sufficient interest in applying for the orders because he was employed by the Tanzania Institute of Education. He was therefore personally affected by the said termination,” he said when sating the third condition that has been met by the applicant to justify grant of the application.
He further noted that the application was not disputed by the Attorney General and the letter which communicated the decision of the appeal to the President was communicated to the applicant on December 20, 2021 and the application was filed on May 16, 2022.
In his affidavit to support the application, the applicant had submitted that on September 18, 2018 he appeared to defend the charge against him but was not given a chance by the Inquiry Committee to mitigate.
According to him, the committee failed to make proper evaluation of evidence submitted by both parties and without jurisdiction terminated him on September 2, 2018.
The applicant was relieved from performing all official duties and functions by the Tanzania Institute of Education Council on 10th October, 2017 while serving the position of Senior Curriculum Developer I-English following the evaluation report.
He went on forcefully submitting that the decision of the President in upholding the decision of the Commission did not consider the raised grounds of appeal.
More so, the applicant stated, the Tanzania Institute of Education failed to establish and prove beyond reasonable doubt or on the balance of probabilities before the Inquiry Committee that he committed the offence of gross negligence and thereby causing loss to the Institution.
The applicant was appointed as Coordinator in writing different text books specifically English Language for Secondary Schools for Form Five and Form six. This was one of the moves taken by the Tanzania Institute of Education to rewrite various text books for Primary and Secondary Schools.
Court hammer.
In due course of doing so, some defects were revealed in the printed text books including mass production by a team of experts. This necessitated disciplinary measures against the concerned employees including the applicant allegedly that he occasioned loss due to his negligent acts.
By then he was serving the position of Senior Curriculum Developer I-English. He was terminated on September 2, 2018. Dissatisfied by the findings of the Commission, he appealed to the President of United Republic of Tanzania who upheld the decision of the Commission.