TANZANIA AIR SERVICES LIMITED v. MINISTER FOR LABOUR, ATTORNEY GENERAL and THE COMMISSIONER FOR LABOUR 1996 TLR 217

Facts

The applicant company, aggrieved by the decision of the Labour Conciliation Board reinstating an employee whose services had been terminated, referred the matter to the Minister for Labour under s 26 of the Security of Employment Act 1964, Cap 574. The Minister lawfully delegated his power to deal with the reference to the Commissioner for Labour who confirmed the decision of the Conciliation Board but gave no reasons at all I for reaching that decision. Section 27(1) of the Act stated that the decision of the Minister was final and conclusive. The applicant sought an order of certiorari to quash that decision contending that the failure to give reasons rendered the decision a nullity. 

Held: 

(i) Under common law there is no general requirement that public authorities should give reasons for their decisions but that position has been under criticism.

(ii) The interests of justice call for the existence, in common law, of a general rule requiring public authorities to give reasons for their decisions.

(iii) Under s 2(2) of the Judicature and Application of Laws Ordinance, Cap 453, the High Court has power to vary the common law to make it suit local conditions the conditions of the people of Tanzania make it a fundamental requirement of fairplay and justice that parties should know at the end of the day why a particular decision has been taken.

(iv) The provision that the Minister's decision is final and conclusive does not mean that the decision cannot be reviewed by the High Court; indeed no appeal will lie against such a decision but an aggrieved party may come to the High Court and ask for prerogative orders.(v) Quashing the Labour Commissioner's decision and letting the matter lie there will be unsatisfactory as it will leave in force the decision of the Conciliation Board; an order of 

mandamus, therefore, can be issued by the High Court  invoking its inherent powers notwithstanding that there is no prayer for the same.

(vi) To ensure that justice is done and also it is seen to be done the order of mandamus should be directed to the Minister himself, not the Commissioner for Labour.