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TANZANIA TEACHERS UNION Vs THE CHIEF SECRETARY & HON. MINISTER, PRESIDENTS OFFICE

Judgment of Full bench of Court of Appeal on leave to appeal from decision of High Court (Labour Division).

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Matojo Cosatta
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303 views35 pages

TANZANIA TEACHERS UNION Vs THE CHIEF SECRETARY & HON. MINISTER, PRESIDENTS OFFICE

Judgment of Full bench of Court of Appeal on leave to appeal from decision of High Court (Labour Division).

Uploaded by

Matojo Cosatta
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: JUMA, Aa. C.J., MJASIRI, J.A. MWARIJA, J.A, MZIRAY, J.A, ‘And MKUYE, J.A.) CIVIL APPEAL NO. 96 OF 2012 TANZANIA TEACHERS UNION... APPELLANT VERSUS 1. THE CHIEF SECRETARY. 15° RESPONDENT 2. HON. MINISTER, PRESIDENT’S OFFICE PUBLIC SERVICE MANAGEMENT.. 3. GENERAL (sic) PERMANENT SECRETARY MINISTER OF EDUCATION & VOCATIONAL ‘TRAINING... 4, ATTORNEY GENERAL *° RESPONDENT "° RESPONDENT .. 4™ RESPONDENT (Appeal from the Ruling and Order of the High Court of Tanzania Labour Division) (Wambura, J.) dated the 2" day of August, 2012 RULING OF THE COURT 28" April, & 5" June, 2017. UMA, Aa. C.J This Full Bench of the Court was convened to resolve apparent conflicting decisions by this Court, on the question whether or not appeals from decisions of the High Court Labour Division (hereinafter referred to as the Labour Court) under section 57 of the Labour Institutions Act 2004 (hereinafter referred to as the LIA); require leave to appeal to the Court of Appeal. On one side of the conflict stands the cases of— Zayumba Abedi Hussein A. Akida and Others v. Tanzania Ports Authority, Civil Appeal No. 18 of 2009; Hussein Shabenga Jumanne and 6 Others v. Tanzania Ports Authority, Civil Appeal No. 29 of 2009 and Tanzania Breweries Limited v. Leo Kobelo, Civil Appeal No. 29 of 2009 (all unreported) — where the Court took a stand that leave to appeal is mandatory. There are also two decisions—in Chama Cha Walimu Tanzania vs. The Attorney General, Civil Application No. 151 of 2008 and Bulyanhulu Gold Mine (T) Ltd vs. Nicodemus Kajungu & 1511 Others, Civil Application No. 37 of 2013 (both unreported) —where the Court took an opposite stand, that leave is not a mandatory requirement under section 57 of the LIA. In Chama Cha Walimu Tanzania vs. The Attorney General, the Court stated that section 57 of the LIA provides an automatic right of appeal to this Court. In Bulyanhulu Gold Mine (7) Ltd the Court was more forthcoming, restated that appeals from the Labour 2 Court under section 57 of the LIA are automatic, and do not require leave to appeal under section 5 (1) (c) of the Appellate Jurisdiction Act [Cap. 141 R.E. 2002] (the AJA). The Court stated that section:— "..

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