By Kusekwa Kusekwa
The High Court sitting in Manyara has ordered the Permanent Secretary (PS) in the Ministry of Home Affairs to reinstate two traffic police officers who were dismissed for allegedly unlawfully obtaining and using a vehicle speed radar without authorisation.
In a ruling delivered recently, Judge Devota Kamuzora granted prerogative orders of certiorari and mandamus in favour of Corporal Lugiko Makambajeki and Corporal Hilary Masaki, effectively quashing the Ministry’s decision to terminate their employment in the Police Force.
Certiorari is a court order used to quash (cancel or nullify) a decision made by a lower court, tribunal or public authority. Mandamus is a court order that compels a public authority to perform a legal duty it has failed or refused to perform.
“This court finds that the application has merit. Consequently, the writ of certiorari is hereby granted. The decisions of the Respondent terminating the Applicants’ employment are erroneous in law and are hereby quashed and set aside,” the judge declared.
The court held that the disciplinary process violated the principles of natural justice and was conducted in a manner inconsistent with the requirements of a fair hearing. In judicial review proceedings, certiorari is used to quash unlawful administrative decisions, while mandamus compels a public authority to perform a legal duty it has failed or refused to carry out.
Judge Kamuzora further ordered that the officers be reinstated to their respective positions and paid all lawful employment benefits to which they are entitled. Each party was directed to bear its own costs.
The two officers were stationed at Katesh in Hanang District and served in the traffic unit, where they were responsible, among other duties, for operating a vehicle speed radar camera. They had been accused of indiscipline and conduct contrary to Police Force’s work ethics.
