Judicial Review in Tanzania, comprehesive Sumary.

This article will explain judicial review in general from definition, procedure for applying,conditions fo judicial review and time limit as follows;

What is Judicial review.?

Judicial review is a legal process where a court examines the actions or decisions of the government or other public bodies to ensure they are lawful and constitutional.

An article 64 (5) and article 8 (1)of the constitution of united republic of Tanzania of 1977, provides for judicial review in the following terms:

“Where a person alleges that any provision of this part of this chapter or any law involving a basic right or duty has been, is being or is likely to be contravened in relation to him in any part of the United Republic of Tanzania, he may, without prejudice to any other action or remedy lawfully available to him in respect of the same matter, institute proceedings for relief in the high court.

Also governed by section 17 and 18 of There is also the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act,

Judicia Review involves, Certiorari, Mandamus, Habeas Corpus and prohibition.

Procedure fo application for judicial review.

1.Application for leave.

According to rule 5.-(1) of The Law Reform (Fatal Accidents and Miscellaneous Provisions) (JudicialReview Procedure and Fees) Rules, 2014, explain the following; An application for judicial review shall not be made unless a leave to file such application has beengranted by the court in accordance with these Rules.

2.Application fo judicial review

.According to rule 8 of The Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014. Application will be as follows;

(1) Where a leave to apply for judicial review has been granted, the application shall be made.

(a) by way of chamber summons supported by an affidavit and the statement in respect of which leave was granted;

and(b) within fourteen days from the day of the leave was granted.

What is Time limit for application for judicial Review.

Avvording to Rule 6 ofThe Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules, 2014, provides,The leave to apply for judicial review shall not be granted unless the application for leave is made within six months after the date of the proceedings, act or omission to which the application for leave relates.

Conditions for mandamus (judicial review)

As provided in a case of John Mwombeki Byombalirwa v The Regional Commissioner and Regional Police Commander, Bukoba [1987] TLR 73

few conditions to be proved in order for an order of mandamus to issue. These are:-

1. The applicant must have demanded performance and the respondents must have refused to perform.

2. The respondents as public officers must have a public duty to perform imposed on them by statute or anyother law but it should not be a duty owed solely to the state but should be a duty owed as well to theindividual citizen.

3. The public duty imposed should be of an imperative nature and not a discretionary one.

4. The applicant must have a locus standi: that is, he must have sufficient interest in the matter he is applying for.

5. There should be no other appropriate remedy availableto the applicant.

Ground for certiorari (judicial Review)

The following ground for certiorari (judicia Review) as provided in the case of Sanai Murumbe and Another v. Muhere Chacha [1990] T.L.R. 54,where the Court of Appeal held that-

(i) An order of certiorari is one issued by the High Court toquash the proceedings of and decision of a subordinate courtor tribunal or public authority where, among others, there isno right ofappeal.

(ii) the High Court is entitled to investigate the proceedingsof a lower court or tribunal or public authority on any of thefollowing grounds apparent on the record:

(a) taking into account matters which it ought not to havetaken into accou
nt.b
) not taking into account matters which it ought to havetaken into account;

(c) lack or excess ofjurisdiction;(d) conclusion arrived at is so unreasonable that noreasonable authority could ever come to it;

(e) rules of naturaljusticehave been violated;

(f) illegality ofprocedure or decision;

Conclusion

An application for judicial review does not determine the rights of the applicant.

It simply calls upon the High Court Judge to review the lawfulness of a decision or action ade by the public body.

As provided in a case of John Mwombeki Byombalirwa v The Regional Commissioner and Regional Police Commander, Bukoba [1987] TLR 73, where the Court stated that-“Equally however it is important to realize that judicial reviewis not the same thing as substitution of the court’s opinion on the merits for the opinion of the person or body to whom a discretionary decision-making power has been committed.

It is for the executive to make administrative decisions.Parliament has empowered the executive to decide what it thinks necessary.”