the audit, was present but the applicant was absent. The applicant applied for certiorari
and mandamus arguing that his dismissal was in contravention of the rules of natural
justice. The court held that since the audit report was prejudicial to the interests of the
applicant and it formed the basis of the decision of the Board, it ought to have been
shown to the applicant for his comments
and for an opportunity to contradict its
contents; failure to do that contravened the right of the applicant to be heard.
It also
held that since the General Manager, who was in the nature of a prosecutor, was present
during the deliberations of the Board which dismissed the applicant, the proceedings of
the Board were vitiated by bias.
Tanzania respects its people and every citizen is presumed innocent until proved guilty.
This right is guaranteed by Article 13(6)(b) of the Constitution of the United Republic of
Tanzania of 1977.
This provision provides that no person charged with a criminal
offence shall be treated as guilty of the offence until proved guilty.
Article 13(6)(c) of the same Constitution provides that no person shall be punished for
any act which at the time of its commission was not an offence under the law and also no
penalty shall be imposed which is heavier than the penalty in force at the time the offence
was committed.
Legal representation for an accused person is a right that is universally recognised. The
Legal system of Tanzania recognises this right and where it is curtailed courts of law
intervene.
In the case of Khasim Hamisi Manywele Vs Republic (High Court of
Tanzania at Dodoma, Criminal Appeal No. 39 of 1990 (unreported) it was held that
the right to legal representation has been guaranteed and thus ought to be protected in
Tanzania. The United Republic of Tanzania ensures that administration of Justice, and
the principles of natural Justice are well protected.
The right to be tried within reasonable time by an impartial co urt or tribunal is
guarantee.d. Section 32(1) of the Criminal Procedure Act, Cap 20 RE 2002, provides that
15