By Kusekwa Kusekwa
Rose Anochiche Ashery Sanga has won a case at the High Court in Arusha that challenged the decision of the Chief Secretary, who had confirmed as rightful the termination from employment of her late husband, Anochiche Ashery Sanga. He was a senior assistant technician with the Ngorongoro Conservation Area Authority (NCAA).
Judge Yohane Masara overturned as illegal the decision by the Chief Secretary, which declared that Sanga, now deceased, was lawfully terminated by his employers for allegedly presenting forged academic certificates.
“Consequently, the NCAA is directed to comply with the decision of the Public Service Commission made on November 27, 2019, ordering Mr Sanga’s reinstatement,” Judge Masara said in a ruling delivered recently.
The judge ruled that the Chief Secretary lacked jurisdiction to hear the appeal lodged by NCAA to oppose the decision of the Commission because he was not the President mandated to hear appeals, according to Section 25 of the Public Service Act.
“I do agree with the submissions made on behalf of the widow that it was not in order for the NCAA to appeal to the Chief Secretary. The Chief Secretary is not the President, although he has authority to communicate the President’s decision,” said the judge.
The judge held that the Chief Secretary, as an individual or as an office, had no jurisdiction to entertain an appeal from the Public Service Commission. Even if the appeal was referred to the President by the Chief Secretary, said the judge, it was done administratively and not according to the appeal prepared by NCAA.
The judge held that where an administrative body or a quasi-judicial body acted without jurisdiction, such a decision was subject to judicial review and was prone to be quashed.
The deceased was an NCAA employee from March 1, 1995, until November 5, 2018, when he was terminated from his employment.
