By Evarist Baimu Nyaga Mawalla - Home

question is whether the removal from the office of judge with retrospective effectis lawful. The decision in Shipping Line v.R. by KISANGA J. as he then was isundoubtedly of high persuasive authority. But does it apply to removal from as itdoes to termination of employment? KISANGA J. was concerned with theSecurity of Employment Act, Act, 574 At p, 244 the learned judge said : It is quiteclear that th notices to the first three employees which purported to terminatetheir employment retrospectively were improper because notice must reach theemployee before the period of it runs cut which was not the case here” he didnot cite any authority for that statement but presumably it is Section 37 of Cap574 Be it as it may that statute does not apply to the president. Section 3providesNothing in this Act shall be construed asProhibiting restriction or otherwiseAffection the exercise by the presidentOf his powers to dismiss remove fromOffice in the service of the UnitedRepublic or any member of the LocalGovernment Service or as empowering aConciliation Board to order the paymentOf the statutory compensation to anySuch person on account of his dismissalRemoval from office or termination ofAppointment by the President but saveAs a foresaid this Act binds the UnitedRepublic and every authority otherThan the president having the powers ofDismissal removal termination ofAppointment or discipline in respect ofThe civil service of the united RepublicOf the Local Government Service inRelation to employees in such services370