By Evarist Baimu Nyaga Mawalla - Home

We must not betray the confidence bestowed upon us by the public. In the book‘What Next in the Law” (1982) Buttorwoth,”Lord Denning M.R. asks pertinentquestion at p.330:“There remains the most touchy question of all. May not the judges themselvessometimes abuse or misuse their power? It is their duty to administer and applythe law of the land. If they should divert it or depart from it-an do so knowinglythey themselves would be guilty of a misuso of power. So we come up againstjuvenal’s question, but who is to guard the guards themselves? (sed quiscustodiet ipsos custodies?) You need have no fear. Someone must be trusted.Let it be the judges.Indeed it will surely call for wisdom on the part of the judges in exercising theirpowers and also an equal sense of proportion of public confidence in thatwisdom. On the problem under discussion,. If for onc, was content with judicialcontrol of administrative decision by means of prerogative orders only rather thanby ordinary civil sue as expounded by Tanzania Court of Appeal. They have laiddown the law, and I am bound to follow it.Similarly in this case, the provisions of s. 40 (5) of the security of employment actno road thatthey encompass even employees who are innocent havingcommitted no effened at all. Such a provision is, to use the phrase used by theTanzania Court of Appear a rat – trap which catches both rats and husterdistinction. A provition of that nature attempts to protect society by endangering626