By Evarist Baimu Nyaga Mawalla - Home

In English I have been instructed to inform you that the president under Article110 (5) (6) and (7) of the constitution of the united Republic of Tanzania hasremoved you from the office of judge by retiring you in the public interest.The appellant received that letter on 4 th June 1991. His immediate reaction wasto ask for the report of the commission. He did that by writing to the P.S. (Estabs)on the same day. We may as well point out here that we do not deem itnecessary to give references of the various letters cited in this judgment thoughwe are of the firm view that the historical background of this matter is material.The P.S. (Estabs) passed on the request to the C.J. vide his letter of 13 th June,1991 The letter of the P.S. (Estabs) was answered by the Registrar of the Courtof Appeal under the instructions of the C.J . that the Judiciary had no authority todivulge the contents of a report addressed to the president The appellant was notput off but followed up his request with two mere letters that of 27 th June and thatof 4 th July, 1991 written directly to the C.J. These were not replied to So hepetitioned the Prime minister for his assistance. The prime minister contacted theC.J. who replied by his letter of 6 th August 1991 as follows: Jaji Mkuu hanamamlaka ya kutekeleza maombe ya Ndugu Mwakibete kwani kufanya hivyoiftakuwa kukiuka katiba ya nche. In English The chief justice is not competent toaccede to the request of Mr. Mwakibete because to do so will violate thecountry’s constitution. The C.J. said so according to the letter because thecommission was appointed by the president to advise him which task it haddischarged.359