By Evarist Baimu Nyaga Mawalla - Home

though we felt that the learned State Attorney needed more predation in order toassist the Court in dealing with the appeal which raised an importantconstitutional issue.The memorandum, of appeal raised two grounds:1. The Honourable judge erred in law in not determining the realissue before the Court, i.e. The interpretation and Constitutionalityof the provisions of Section 6 of the government proceedings(Amendment ) Act No. 40 of 1974 vis –a-vis the Constitution ofTanzania .2. The Honourable judge erred in failing to hold that Section 6referred to in paragraph 1 herein is un-constitutional obsolete andthat where there is a dispute between a citizen and the Executive,The executive cannot lawfully impede or obstruct access to HighCourt.,On the first ground that the trial judge failed to consider and determine theissue before her, that is, the constitutionality of Section 6, we think that theeis merit in the complaint. Upon reading her brief ruling on the matter,covering just about two pages, it becomes apparent that the learned judgeeither did not comprehend the issue before her or, if she did, she deliberatelyevaded it. Paragraph 11 of the paint states, inter alia, that,The plaintiffs will canted at the trial that it is not in law necessary toobtain the fiat as such requirement is null and void as it seeks tocontravene the basic structure of the Constitution of Tanzania andits specific provisionsAnd in his fairly detailed written submission to the Court, Counsel for theappellants specifically called upon the court to consider the validity of Section6 as against Articles 4 (1), 108 and 13 (6) (a) of the Constitution. TheseArticles make provisons for separation of powers confer jurisdiction on theHigh court to hear and determine complaints and provide for the basic right toa fair hearing. Counsel had submitted that Section 6 contravened theseprovisions of the Constitution and accordingly invited the court to declare thatSection null and void.In disposing of the very briefly the trial judge simply said:285