Facts
The applicant sought an order of certiorari to bring up and quash a decision of the President
of the United Republic `retiring' the applicant, an immigration officer, in the public interest. It appeared that the applicant had been employed by the Government of Tanzania for some years without having been subjected to any disciplinary sanction. The applicant had read a newspaper report of his dismissal for allegedly receiving bribes. About two months later the applicant received a letter informing him of his retirement.
Held:
(1) The common law principle that a civil servant was dismissible at pleasure of the President was not part of the law of Tanzania.
(2) That the letter informing the applicant of his retirement cited provisions of law which were incompatible and this had caused the applicant considerable embarassment.
(3) Standing Order F35 which provided that all appointments were at the pleasure of the President was invalid as it was in conflict with the provisions of s22 and 36(2) of the Constitution;
(4) The only legislative provision which permitted the compulsory retirement was
paragraph (d) of section 8 of the Ordinance which would be utilised only for the purpose of facilitating improvements in the organisation of the department to which the civil servant belonged. It was clear that the applicant's removal had not been sought on these grounds.
Case Information
Application allowed.
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