Administrative authority means the elected or appointed official or board having

jurisdiction over a function or activity.1 or Administrative authority are public officials, bodies,

commissions or institutions which are concerned with implementation of government policies and/

or enforcement of duly enacted laws. Administrative authorities include inter alia president,

ministers, Local government authority, public corporation, administrative tribunals and police force.

On the other hand Judicial review means a Court proceedings in which a judge reviews the

lawfulness of a decision or action made by public body. Also in Felix Mselle vs. Minister For

Labour and Youth and three others2Kyando J, Observed that; “Judicial review of administrative

actions is the power or process by which the High Court exercises its supervisory jurisdiction over

proceedings and decisions of inferior tribunals or other authorities, bodies or persons charged with

the performance of public acts and duties; this power is not statutory but inherent in the High

Court. As far as the question is concerned the following are applicability of judicial review in

administrative authorities within the administration of the government of United Republic of

Tanzania and significance of judicial review in the administration of justice.

The president: according to article 33 of the Constitution of United Republic of Tanzania 3

establishes the office of president and specifies that the president shall be the head of the state and

head of government and commander in chief of the armed forces. The president derives power and

authority from the Constitution as well as the ordinary law of the state, so she becomes an

administrative authority and therefore a subject of administrative law when her actions involve

putting place or executing the provision of law or the Constitution. Such exercise of power requires

the president to act in a particular way without the option of exercising powers or to act within the

ambit of law. In Sheikh Mohammad Nassor Abdullah v. Regional Police Commander and Two

others4 the applicant was deported to Zanzibar from Tanzania Mainland under an order by the

President. The order which was made under the Deportation Ordinance Cap 38, was challenged in

1 https://www.lawinsider.com/dictionary/administrative-authority. Retrieved on 04/06 2021.

2 [ 2002] TLR 437
3 1977 [Cap 2 RE: 2002] as amended time to time.
4 [1985] TLR. 1
the High Court on the ground that the President exceeded his power under the Ordinance. The issue

was whether the President has power to deport a person from Tanzania Mainland to Zanzibar. The

Court held inter alia that section 2 of the Deportation Ordinance empowers the president to deport

a person within a Tanganyika territory. Also the Court held that the President has no power under

the Deportation Ordinance to order the deportation of a person from Tanzania Mainland to

Zanzibar; therefore the Deportation order was illegal. In James F. Gwagilo v. Attorney General5

in this case the President empowered to remove civil servant for public interest. The plaintiff filed a

suit for declaration that his removal from office was wrongful because no reasons for decision. The

Court held that when removing a civil servant in public interest, the president is required to give

reasons indicating the public interest to be served and if no reasons are given therefore the

Constitutional right will be rendered ineffective and illusory. Also the court observed that disclose

of reasons for removal of civil servant in the public interest is necessary so as to reduce the

possibility of abuse of power in decision making process.

5 [1994] TLR 73