By Evarist Baimu Nyaga Mawalla - Home

It should be observed at the outs to that the Government concelors thatAnnoxture “A” did not comply with the law. As already stated, Mr. Monocharacterized it as a “Mischief or misdirection or nondirection or illegality.”At a later stage he further said, and I quote again, “There is no provision in theConstitution which suggests that a judge can be retired in the public interest, sothe wording of Annoxturo “A” was anillegality correctable as and whondiscovered. “’The Government is to be commended for this concession; and, incontemplation of this, it is not merely tempting but L think desirable todemonstrate the extent to which the concession was justifiable, For this purposeand for case of reference later I will first set out the contentious paragraph inAnnoxture “A”. it states;Nimeagizwa nikuarifu kuwa Rais,Chini ya ibara ya 110(5), (6) na (7)Ya Katiba ya Jamhuri ya Muungano waTanzania, a a..katika kaziYa Ujaji kwa kukustaafisha kwa manufaa yaUmma kuagiza tarehe 13 Moi, 1991.The operative part which is duly orphasized literally translates: “(the President)has removed you from the office of a Judge by retiring you in the public interest“Two anomalios are at once evident: first, it is the retirement of a judge in the466