Meaning of Ministerial fiat.

The word Ministerial means relating to a minister or relating to a government

minister or ministry. So it simply refers to anything relating to a minister of a certain
government. While the term fiat is Latin word that means “let it be done ”, it refers to
1

an order which when said it has to be done as it is. It is also defined as a legal binding
2
command entered on a court record as if it was issued by a court or judge . It goes
further to being termed as an authority issuing from a competent source for the doing
of some legal act. Hence, the term Ministerial Fiat is simply an order or legal
3
command by the minister of the government or the very competent authority which
when said, it has to be adhered to, and leaves no room for a victim to find some
rights from that order. It is an order by the Executive Minister Personnel that has been
4
given by , in the virtue of title or capacity to make such order . Since the minister is
part of the government, an order can be referred to as the government decree.
Ministerial Fiat in Tanzania
Ministerial Fiat in Tanzania means the consent by the government or an order for
something to be done or not. This was introduced in 1974 when the Government
5
Proceedings Act was amended. It was required that, for someone to sue the
government, minister’s consent or fiat was to be sought. Later on some amendments
were done for existence in Section 6 of the Government Proceedings Act which
allows no suit to be instituted against the Government unless the claimant has
submitted a notice of less than ninety days of the intention to sue the government. The
notice has to be submitted to the Government Minister or Department or Officer
concerned. When the process is ready, the claimant waits for the minister consent or
fiat.
Impacts of Ministerial Fiat to individuals in relationship to tort
It infringes one’s right to access the court of law. The requirement of Ministerial
Fiat results to infringement of the constitutional rights of individual to have access to
courts. This need of a minister’s consent is inconsistent with the Constitution of the
6
United Republic of Tanzania in article 13(b). This was observed in the case of
Peter Ng’omango Vs Gerson Mwangwa and Attorney General where the High 7

Court declared that the need to have the minister’s fiat or consent was
unconstitutional. That very same thing was also decided in the case of Kukutia Ole
Pumbun and Another Vs Attorney General which had referred to Peter’s case
8

1 https://www.dictionary.com/e/fiat/
2 Advanced English Dictionary offline
3 Free legal online dictionary https://www.dictionary.com/e/fiat/
4 “John Bercow: Executive fiat meaning – What does ‘executive fiat’ mean? | Politics | News | Express.co.uk”
5 CAP 5 R.E 2019
6 1977 as amended from time to time
7 [1993] TLR 77
8 [1993] TLR 159 [CA]
 9
declaring that Section 6 of the Government Proceedings Act violates the basic
human rights in Articles 31(b) and 30(5) of the Constitution of the United Republic of
10
Tanzania .
From the facts of the given scenario, MICHUZIMINGI s/o MAPESA, the plaintiff
has suffered infringement of his own right as an individual to have access to the court
of law with this need to have the minister’s Fiat to sue the government.
It causes procedural complications which cause delay of compensation for the said
tort and rendering the increase in unnecessary costs which can in one way or another
termed as damages as well. This goes direct to the given scenario where the plaintiff
has already suffered a lot , and here now his expectations of being compensated are
ending in vain by being asked to have the ministerial fiat to sue the government. This
causes the plaintiff to suffer more from the tort itself, and now from the processes in
the Proceedings to acquiring his rights.MICHUZIMINGI s/o MAPESA, the victim
from the scenario is expecting nothing rather than more damages emotionally and
mentally following the previous damages which his family has undergone.
Procedures of suing the Government in Tanzania
In Tanzania the governing law on Proceedings by or against the government is the
11
Government Proceedings Act of 1967 previously amended in 1974 requiring
minister’s consent. But later on, following different judgements on different cases the
Parliament made amendments on Section 6 of that Government Proceedings Act of
.These amendments were effected through Act no. 30 of 1994. Amendments made are
what are currently found in Section 6 of the Act. Therefore when one wants to sue the
government, the following are procedures to be adhered to.
a) The claimant has to provide a ninety days notice of his intention sue the government. The
one who seeks to institute a suit against the government has to give a notice first in order
to create awareness to the government on the nature of the claim brought against it .
12
Section 6(2) of the Government Proceedings Act allows no suit to be instituted or heard
without submission of a notice of less than ninety days of claimants intention to sue the
government hate suit shall specify the basis of the claim. The copy of the claim must be
served to the Attorney General. As in the case of Joshua Arthur Mhagama & 6 Other
vs Tanzania Electric Company & Others , High Court Land division it was stated “
13

the omission was a serious contravention of the imperative requirements of the law. I am
in accord with Mr. Erigh that the 90 days’ notice was not issued to the Attorney
General” This supports that absence of this notice makes the suit null. Also in the case of
14
Zeno Clemence Matanda vs the Hon. Attorney General and others , where it was
9 CAP 5 R.E 2019
10 1977
11 CAP 5 R.E 2019
12 CAP 5 R.E 2019
13 Land Case No.42 of 2022
14 Land case No.157 2021
 held by Msafiri J “… the letter of the plaintiff does not express the time limit of the
intention to sue but it only gives warning, I find that the letter does not constitute a 90
days' Notice of Intention to sue as provided under Section 6 of the Government
Proceedings Act…” As well as in the case of BLC Investment limited vs Stamigold
15
Company and Attorney General by Laltaika ,J.

b) The notice shall be served to the Government Minister, Department or Officer concerned.

c) All suits against the Government the proceedings shall be instituted against Attorney
General and a copy of the plaint shall be sent to the Minister, Department or officer
alleged to have committed such wrong.

d) All suits against the Government shall be instituted in the High Court by filing it in the
Registry to which the claim arose as stated in Section 4 and 7of the Government
16
Proceedings Act .

15 Civil Case NO. 50 OF 2020

16 CAP 5 R.E 2019
 REFERENCES
The Constitution of the United Republic of Tanzania,1977 as amended from time to time
CASES:
Peter Ng’omango Vs Gerson Mwangwa and Attorney General [1993] TLR 77
Kukutia Ole Pumbun and Another Vs Attorney General [1993] TLR 159
Joshua Arthur Mhagama & 6 Other vs Tanzania Electric Company & Others Land Case No.42 of
2022
Zeno Clemence Matanda vs the Hon. Attorney General and others Land case No.157 2021
BLC Investment limited vs Stamigold Company and Attorney General Civil Case NO. 50 of
2020
STATUTES
The Government Proceedings Act [CAP.5 R E 2019]
ONLINE MATERIALS
https://www.dictionary.com/e/fiat/
https://www.academia.edu/resource/work/41232199
https://legal-dictionary.thefreedictionary.com/fiat
https://www.express.co.uk/news/politics/1176028/John-Bercow-resigns-executive-fiat-meaning-
what-does-executive-fiat-mean/amp