TUMAINI UNIVERSITY

IRINGA UNIVERSITY COLLEGE

FACULTY OF LAW

NAME OF LECTURER: MR. MASSAO EDWARD

COURSE NAME: ADMINISTRATIVE LAW

MODE: GROUP ASSIGNMENT

DUE DATE: 2ND JUNE 2009

GROUP MEMBERS: CLEMENT KIHOKO

MWAJABU MBARUKU
SALOME MAKAMBA
PIUS ALPHONCE
LUCY ALEX
DEVOTHA ADAMS
DESTEA KAGINE
EVELYNE KWEKA
AMBILIKE KYAMBA

QUESTION:
“ Whereas an application for a prerogative remedy is two phased in that firstly the
applicant has to file an ex parte application for leave to apply for a substantive order, Act
no 27 of 1991 amended the Law Reform (fatal accidents and miscellaneous provisions) Act
Cap 310 R.E. 2002 making it mandatory to serve the Attorney General with the copy of
every application for leave even if the remedy sought is not against the Attorney General or
any department of the central government for that matter.

Briefly discuss what you perceive to be the object of the said amendment
Prerogative remedies are awardable to the affected individual against the public authorities or
individuals vested with public duty. The procedure for the prerogative orders is not provided in
any local statutes rather the procedure used is that found in the office crown rules as it was
obtained in England of 22nd July 1920 commonly known as the reception date.1

After the amendment Act No.27 of 1991 of the Law Reform (fatal accidents and miscellaneous
provisions) Act Cap 310, R.E 2002, it made it Mandatory to serve the Attorney General with a
copy of every application for leave whether he or any department of the Central Government are
parties to the proceedings against which the remedy is sought or not. Section 18(3) of the same
Act defines the term “Government” to include a public officer and any office in the service of the
United Republic established or under any written law. Hence the reasons we perceive to be the
objects of the said amendment include the following:

To begin with, where the Attorney General is a party or acting on behalf of the government to the
proceedings as provided under Article 59(4) of United Republic of Tanzania constitution then as
the principles of natural justice provide, he must be supplied with a copy by way of summons of
the claims against him or the government. Section 18(1) of the Law Reform (fatal accidents and
miscellaneous provisions) Act further supports this by providing that where a person is applying
for the prerogative orders, the Attorney General may be summoned to appear as a party to the
proceedings otherwise if he does not appear the case will be heard exparte. By the virtue of this
provision, the Attorney General is a necessary party to the proceedings and hence he must also be
supplied with a copy of leave by the applicant because he ought to know the nature of the charges
instituted in order to allow him to have ample time to make his own defence. This is because, the
parties to the case must all know the nature of the charges being instituted against them and be
given the chance to build a case in their favour.

Furthermore, in case neither he nor any department of the central government are parties to the
proceedings the Attorney General is still entitled to get a copy of any application for leave
because he is said to be the custodian of all government interests in any governmental body or
authority and hence any action brought by an individual against these public authorities must
reach the knowledge of the Attorney General. He must know the nature of the action brought

1
Dar-es-salaam Motor Transport Co. Ltd v. Transport Licensing Authority of Tanganyika and Another [1959] E.A
401
against them and the effects that the government will get if the relief sought by the plaintiff will
be granted. In this context, even if he is not a party to the suit he must know how the government
will be affected if the court does order such prerogative remedies to be granted.

In addition to that, the Attorney General according to the Constitution of United Republic of
Tanzania is the advisor of all legal matters that may arise against the Government. He also has a
duty of discharging all legal matters related with the law as he may be so directed by the
president. By virtue of Article 59(3) of United Republic of Tanzania Constitution the Attorney
General must be supplied with a copy of any claim instituted against the government so that he
may know what to advise the government.

Moreover, the Attorney General must see if the case matter brought by the plaintiff against any
public authority can be solved and settled out of court before being formally initiated in the court
of law. This is to say the Attorney General may have the solution to the problem such as
alternative remedies before the court issues the prerogative remedies sought.

Last but not least, in order to avoid the delay and denial of justice as it was done in the past by
having first to seek consent from the government before any suit is brought against it as it was
among the matters raised in the case of Peter Ng’omango v. Gerson Mwangwa and the A.G. 2
nowadays, all that an individual has to do in seeking for prerogative remedies against the
government or any public authority is to issue their representative being the Attorney General
with a copy notifying him of the individuals intentions of bringing a suit against any public
authority or the government itself as provided by Section 6(2) of the Government Proceedings
Act that for the applicant who brings a suit against the government should serve a copy of his
claim against the government to the Attorney General.

It is our conclusion that basically the amendment of Act No.27 of 1991 of the Law Reform (fatal
accidents and miscellaneous provisions) Act Cap 310, R.E. 2002 is important in making sure that
justice is not denied to both the Attorney General himself as well as individuals who wish to
bring honest grievances against the government or any public authority.

2
[1993] TLR 77
 REFERENCE:

 The Constitution of United Republic of Tanzania, 1977

 The Law Reform (fatal accidents and miscellaneous provisions) Act, Cap
310
 The Government Proceedings Act
 Tanzania Law Report of 1993
 Tanzania Law Report of 1979
 Lectures on Administrative Law by C.K.Takwani
 Constitutional and Administrative Law by Hilaire Barnett
 www.google.com