By Evarist Baimu Nyaga Mawalla - Home

it is necessary not only that a correct decision should be reached but also that itshould be seen to be based on reason and that can only be seen if the judgehimself states his reasons Furthermore if his reasons are at fault then they afforda basis on which the party aggrieved by his decision can appeal to a higher courtNo judge is infallible and every system of justice must provide for an appeal to ahigher court to correct the errors of the judge below. The cry of Paul I appealunto Ceaser represents a deep-seated human response. But no appeal canproperly be determined unless the appellate court knows the reasons for thedecision of the lower court For that purpose if for no other the judge who tries thecase must give his reasonsIn the application now before me I have to determine whether in making hisdecision on a reference to the Minster for labour (the minister) under s.26 of thesecurity Employment Act 1964 cap 574 (that act) That labour commissioner (thecommissioner) who exercises powers delegate4d to him by the minister unders.44 is under obligation I law to give reasons. The application by way of chambersummons is for an order of certiorari to bring up and quash to labourcommissioner’s decision by which he confirmed a decision reached y theconciliation Board of Dar es salaam that the respondents whose services with hisemployer the applicant company were terminated be re-instated The reference tothe minister consisted of a two-page document in which the Board ‘s decisionwas strenuously attacked . The commissioner’s decision which wascommunicated to the applicant company on Form 8 was couched. Whentranslated in the following word IN ACCORDANCE WITH SECTION 26 (2) OF396