By Evarist Baimu Nyaga Mawalla - Home

was found to be a nullity for irrationality i.e for being unreasonable and also forprocedural impropriety. Yet again it was followed in Secretary of State for theEnvironment vs. Nottinghamshire Country Council15 where the decision of the Ministerwas challenged to be a nullity for being unreasonable.In Zimbabwe recently the Chief Justice Mr. Justice Dumbutshena in the case of PatrioticFront – ZAPU vs. Minister of Justice16 quoted with approval the three categories laiddown by Lord Diplock in the above mentioned case as the recognized grounds forjudicial review; And consequently he held that the action of the President of Zimbabweof fixing the nomination data for the General Election could be attacked as a nullity if itwas suffering from illegality, irrationality or procedural impropriety. However in the endthe learned Chief Justice held that the Presidents action was not ultra vires for beingunreasonable (i.e. irrational)In Tanzania decisions toeing the first school of thought( the broad approach ) are notwanting. First we have the decision of the Tanzania Court of Appeal in Ally Linus andOther vs. Tanzania Harbours Authority.17Under section 28 of the Security of Employment Act18 the jurisdiction of the court isousted in the following words:14. (1986) L.R.C.(Const.) 69615. (1986) L.R.C.(Const.) 76216. (1986) L.R.C.(Const.) 67217. Court of Appeal of Tanzania at Dar es Salaam, Civil Appeal No. 2 of 1983(Unreported)18. Cap 574NO suit or other civil proceeding shall be entertained in any civil court with regard to thesummary dismissal or proposed summary dismissal of an employee.The Tanzania Court of Appeal (Nyalali, C.J) started in above case.“The High Court is required to exercise its supervisory function to ensure that atribunal or such body below acts in accordance with the Rule of Law…It is clearthat the basic structure of the Constitution of this country vests the judicial poweror the State in the Judicature, that is the judicial arm of the Government.The function of interpreting the laws of the State is a judicial function and for thatreason the judicial arm of the Government has the final word about the meaningof the laws of this country. That is the objective basis of the supervisory functionof the High Court.”Then later on Nyalali, C.J. said.121