The petitioners’ employment was terminated by the second Respondent. His petition to the Labour Conciliation Board was successful and the board ordered for his re-instatement. The second Respondent’s appeal to the Minister for Labour Matters was dismissed. Instead of re-instatement, the second Respondent opted to terminate the employment of the petitioner and pay him his statutory compensations. The petitioner was aggrieved by this decision, hence this petition on the point that the then provision of the law under which his employment was terminated infringed on his constitutional right to work as stipulated under the Constitution of the United Republic of Tanzania. The petitioner seeks a declaration from the Court that the petitioner’s termination from employment was unconstitutional and, therefore, null and void. The second Respondent filed a preliminary objection on two points of law, namely: one, the application is time barred, and two, the petition is vexatious, frivolous and has been overtaken by events after the repeal of the Security of Employment Act, Cap 387. Likewise, the first Respondent filed his preliminary objection on two points of law namely: that the petition is bad in law as it contravenes section 6(2) of the Government Proceedings Act, Cap 5; and that the petitioner has no cause of action against the first Respondent.

