By Evarist Baimu Nyaga Mawalla - Home

say that it is not give to any court to grant such a prayer. Article 14 of ourconstitution provides that every person has a right to live and to protection ofhis life by the society. It is therefore a contradiction in terms and denial of thisbasic right deliberately to expose any bode life to danger or what is eminentlymonstrous to enlist the assistance of the court in this infringement.In view of my findings this court brings into court the decision of therespondent of dumping refuse at Kunduchi Mtongan and quashed it Thiscourt further prohibits the Dar es salaam City council from continuant to carryout its decision of using Kunduchi Mtongani as a refuse dumping site. Thiscourt lastly issues an order of mandamus and directs the Dar es SalaamCouncil to discharge its function properly and in accordance with the law byestablishing an appropriate refuse dumping site and using it.The respondent is to berar the cost of this application lastly I wish to highlighttwo points that this court is not there concerned with the wisdom or indeed,the fairness of the respondents decision of selection Kunduch Mtongani asthe City dump8ng palce of the collected refuse and waste. All I am concernedwith is the legality of that decision was it within the powers that the Republicsparliament has conferred by legislation to Dar es salaam city councilSecondly I wish to emphatically state that I have not come to the abovedecision lightly., I near in mind that only on 9 th September 1991 therespondent was ordered by this court to stop desposal of the citys refuse atTabata Dump. I take judicial notice of the disorientation that order had causedto the respondent. But I can do nothing in this regard than to expressunderstanding of the feeling and then to apply the law. I can do no betterthan adopt the poetic and extremely illustrative language of makame J (as hethen was in the case of Republic v Agnes Doris Liund 73 to express my viewof how my hands are tiedThis necessary finding causes me personal anguish but my powers and myinterpretation role are circumscribed by the law. I have to take the law as it isnot as I might personally wish it to be. H have my legal training andprofessional ethics to be true to my oath of office to be faithful to and at theend of the day my conscience to live woth. As William Shakespeare puts it sodoes conscience make cowards of us all.72 At p. 15 to 16 of the hand written ruling73 [1980]TLR 38 at p. 44.448