Lord Diplock MR
JF-Expert Member
- Mar 16, 2015
- 1,393
- 3,237
The punishment which has been imposed upon WCB is too big (huge or severe) than both the offence which they did and its magnitude.
Way forward?....
My legal opinions (observation) are as follows:-
(i) Their Guardian (Mr.Bashite) will SALVAGE the situation and ensure that WASAFI FESTIVAL remains 'intact' and continues as scheduled.
(ii) If the idea which has been suggested in para.'i' above won't bear(yield) positive fruits, then,WCB should go and knock doors of the High Court of Tanzania seeking a Judicial Review.
The only tangible ground which WCB can use in their application is the violation of one of the cardinal principle of natural justice which states that NO PERSON SHALL BE CONDEMNED OR PUNISHED WITHOUT BEING GIVEN AN OPPORTUNITY TO PRESENT HIS/HER DEFENCE.
WCB has been punished by BASATA without being given a chance to be heard(they have been punished unheard) this is a grave mistake because it contravene the principle of "Audi alteram partem". It is a sole ground which can be used by the court to vitiate BASATA's decision.
Pius Sambai, Esq.
(The Global Negotiator)
18/12/2018
Way forward?....
My legal opinions (observation) are as follows:-
(i) Their Guardian (Mr.Bashite) will SALVAGE the situation and ensure that WASAFI FESTIVAL remains 'intact' and continues as scheduled.
(ii) If the idea which has been suggested in para.'i' above won't bear(yield) positive fruits, then,WCB should go and knock doors of the High Court of Tanzania seeking a Judicial Review.
The only tangible ground which WCB can use in their application is the violation of one of the cardinal principle of natural justice which states that NO PERSON SHALL BE CONDEMNED OR PUNISHED WITHOUT BEING GIVEN AN OPPORTUNITY TO PRESENT HIS/HER DEFENCE.
WCB has been punished by BASATA without being given a chance to be heard(they have been punished unheard) this is a grave mistake because it contravene the principle of "Audi alteram partem". It is a sole ground which can be used by the court to vitiate BASATA's decision.
Pius Sambai, Esq.
(The Global Negotiator)
18/12/2018