TUMAINI UNIVERSITY

IRINGA UNIVERSITY COLLEGE

FACULTY OF LAW

LLB II

COURSE NAME: ADMINISTRATIVE LAW

LECTURER: MASAO (MR.)

COURSE CODE: LAW

NATURE: GROUP ASSIGNMENT

NAMES:

1. JORAM FRANK

2. DEVOTHA KASEBELE

3. FADHILI LUVINGA

4. HAMPHREY SHONGA

5. WATOSHA JAPHET

6. UPENDO NELSON

7. AWEMA HASSAN

8. FAUSTA COSTANTINE

9. KARIM MARANDU

QUESTION

Whereas an application for a prerogative remedies is two phased in that firstly the Applicant
has to file an exparte application for leave to apply for a substantive orders. Act No, 27 of
1991 amended the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap 310
R.E 2002 making it mandatory to serve the Attorney General with the copy of every
application for leave even if the remedy sought is not against Attorney General or any
Department of Central Government for that matter. Briefly discuss what you perceive to be
the object of the said amendment.
The High Court has the inherent jurisdiction to issue the prerogative writ. These public law
remedies are given against the public authorities vested with public power or individual with
public duties established by the statutes. These remedies are certiorari, mandamus and
prohibition as specified under the Law Reform (Fatal Accidents and Miscellaneous
Provisions) Act Cap 310 R.E 2002. This order is brought by the subject whose rights have
been affected by the decision of the public authority.

Section 18 of Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap 310 R.E
2002, makes it mandatory for the Attorney General to be served with the copy of every
application for leave to a single judge exparte. This is so even if the remedy sought is not
against him or the central government. The rationale for this is as follows;

First it is necessary to save the Attorneys General with the copy of application because he is
the advisor of the Government on all legal matters and also responsible to discharge any legal
matter concerned with the Government. This is provided under Article 59 of the
Constitution1. This makes the Attorney General to be saved with the copy to enable him to
discharge his work as an adviser to the central government effectively. Even thought the
matter is not of the central government he is supposed to have the notice because he is in
charge of advising the government of United Republic of Tanzania. The government does not
mean the central government only; it also includes the Public officer and any office in the
service of United Republic established or under any written law. This is provided under
section 18(3)2. In this matter the copy shall be saved to him for him to discharge his
functions.

Secondly, it is for the public interest. This is due to the fact that any matter concern a public
remedy is the matter that concern with the public. This is because the order is the legal
matter, so the perfect person on the Government side to know how the interest of the public is
affected and in this matter he can be able to advise the government to conduct his activities
effectively in regard to the rights and interest of the subject.

Thirdly the enforcement of the remedies which is provided by the court, need the attorney
general to be aware of existence of that case. In this matter he will advise the government to
execute the order in the legal manner in such a way not to jeopardise the rights of the subjects
again. Example mandamus has been issued to compel the public authority to find another
place to dump the refuse. He will be in the position to advise the government to find the place

1
United Republic Constitution of 1977 as amended time to time.

2
Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap 310 R.E 2002
which will not cause the same defect as in this matter the similar suit may be institutes again
by other subjects affected in that matter.

Also the notice will enable the Attorney General to facilitate that the government is heard
effectively on the matter which is supposed to determine. Example the matter has high
interest of the government, the government will want to see that their interest is presented in
that a way to safeguard their interest. In this matter the Attorney General is in a good position
to facilitate the same.

Furthermore the copy to Attorney General will be the records in which will enable the
Attorney General to advise the government when their policy of the government is affected
and in this matter the government will be in the position to reinstate their policy to hold the
public interest. Example the policy of building done by public authority in the area which
reserved for public like assembles area. In this matter the government can be advised to
reinstate their policy on the legal aspect.

Therefore the Attorney General should be saved with the copy in order for him to have the
records which will enable him to advise the government on legal matters.