Tanzania Postal Corporation vs Salehe Komba and another, civil appeal no. 128 of 2020.

This case provide The issue of juridiction of CMA and issue of juridiction and limitations can be raised in any stage of the proceedings even if in appeal. Also provide a legal definition of public servant and answered in affimative.

We are alive to other disciplinary measures within the appellant’s 

company regulated by staff regulations titled Shirika La Posta Tanzania,Kanuni za Utumishi wa Shirika, Toleo la Nne. The Rules provide for employees of the appellant, complaints procedure to undertake where one 

feels aggrieved with the decision of the disciplinary committee, which is 

according to Rule F4 is to apply to the Postmaster General, if still aggrieved to proceed accordingly as specified by the Rules.

In this appeal, our scrutiny of the record of appeal has shown that 

there was no attempt by the respondents to go through the disciplinary mechanisms within the corporation as specified in the respective Rules, nor those within the provisions of the Public Service Act, required for public servants. 

Therefore, ground one has substance.For the foregoing, we are of the view that the CMA had no jurisdiction to entertain the dispute between the respondents who are public servants and the appellant. In the event, we find no need to proceed to address the 

remaining ground of appeal, finding that our deliberations in ground one are sufficient to dispose of the appeal.

In the end, we are of the firm view that the appeal is merited and we thus allow it. In consequence, we quash the proceedings and set aside thjudgment and any consequential thereto orders of the CMA and the High Court. In the circumstances, we make no order as to costs.