By Evarist Baimu Nyaga Mawalla - Home

RULINGThe power of the president of the united Republic of Tanzania to remove acivil servant from service in public interest is being challenged in this case.The question is does the president has the authority to remove someonein the public service in public interest without disclosing what that publicinterest is under s. 19 of the civil service act no. 16/1989 it i9s provided.The president my remove a civil servant from the service of the Republic ifthe considers it in the public interest to do soThe issue is as what is in public interest is the word of the president finalin other words in deciding as to whether the decision was in publicinterest what test the apply a subjective test or an objective test? Thestate attorney Mr. Nyabiri has argued that the test is subjective and of thedecision of the President cannot be questioned in court.There is another question as to whether this court has jurisdiction toinquire as to whether the preseidnt complied with the law under s. 23 (2)(a) of the Civil service Act No. 16/1989 it is provided:The question whether the president has validly performed any functionunder this Act shall not be inquired into by or in any court.Have the courts been rendered important by provision ousting thejurisdiction of the courts these are the question that I have been invited toanswer in this case.The plaintiff in this case is a seasoned civil servant one Mr. James FaukeGwagilo who until 15 th May 1990 was a Regional Development Directed450