By Evarist Baimu Nyaga Mawalla - Home

(c) for pupose of facilitating improvement in the organization of the Dpartmentto which he belongs by which greater efficiency or economy may beeffective;(d) on medical grounds;(e) On medical grounds;(f) Female officers may elect to retire on marriage, and will be granted suchgratuity or pension, if any, for which they may be eligible.”(g) Those are the privisions of law on which the President, according to thelette addressed to the Applicant by the Principal secretary (Establisments).Quoted above, based his impugned decision. I will now proceed to dealwith the contentionsaddressed to me by counsel. I hope I can summarisethose contentions very briefly without doing any injustice to them. In hisengaging argument Mr. Nassoro contended that the President’s decisionis invalid for the following reasons; (1) the basis for the decision is vaguebecause the provisions of law relied upon therein deal with matters ofemployment which are incompatible; (2) the standing orders referred to inthe Principal Secretary’s letter have no force of law as there were declaredby this court (Mwalusanya J) in James F. Gwagilo Attorney General, Civilcase No. 23 of 1993 (Unreported) to have been superseded by theConstitution and the Civil Service Act, 1989; and (3) the failure by thePresident to give reasons for his decision is fatal to the said decision: thePresident was bound in law to disclose to the Applicant the factor orfactors which, in his opinion, constituted the alleged public interest. Mr489