National Health Insurance Fund & Another vs Grace Lobulu & 5 others, CA No 521 of 2022.

  1. The provisions of section 32A of the Public Service Act (PSA) is to the effect that an aggrieved public servant, before embarking on seeking remedies under labour laws, he/she has first to exhaust all available remedies under the Act.
  2. The enactment of section 32A of the PSA did not repeal section 2 of the ELRA which is applicable to all employees, excerpt members of Tanzania Peoples Defence Forces, the Police Force, the Prisons Services or the National Service Personnel.
  1. The provisions of section 32A of the PSA requires an aggrieved public servant to utilize all the internal mechanisms provided in the aforesaid Act before resorting to other available remedies under the labour laws. In terms of Section 25 (1) (a) (b) and (c) of the PSA, the respondents, being public servants, had the opportunity to appeal to the Public Service Commission against their termination. If further aggrieved by the decision of the said Commission, they could have appealed to the President whose decision would have been final.
  2. The object of section 32A of the PSA is twofold. It gives remedies under the same Act but also after exhausting all the remedies available therein, it does not outlaw or prohibit an aggrieved public servant from resorting to other laws in pursuing his rights. What the section provides is that such other laws must be involved after invoking and exhausting all remedies available under the Act.