Magufuli has no residual powers to direct the courts how to run their business as much as the courts have no powers to interfere with how the executive carries its business
So we rule Magufuli had violated the doctrine of separation of powers and his presidential orders have no legal effect
The problem not so much in the content or context because he only restated the correct position of the law albeit conveniently overlooking a couple of "caveats" but he ought to have reminded the registrars to respect the law rather than ordering them on what to do because the issues not as straightforward as he thought they were...
Ordering the judiciary is bad governance and he had exercised very poor judgment.
It is horrendous when that misplaced order came on 100 years of the judiciary exuberance and fizzy elation.. albeit they have very little reason to feel in clouds seven as judicial independence is assailed from every angle by executive manipulation, intrusion, interference and bullying...
Magufuli wrongly presumed "kesi ya msingi" is lawful therefore it should not be frustrated by legal challenges but that in certain cases it may be a killer assumption.
For instance, "kesi ya msingi" may be unlawful as a result of law of limitation, lack of jurisdiction or simply "res judicata" being a lower court is asked to adjudicate a matter which was finally disposed of by a superior court or the matter is "functus officio"
"Kesi ya msingi" may be laden with misjoinder of parties or misjoinder of the issues or charges, or requires certificate of law or leave of the court or was lodged in a court lacking jurisdiction or the plaintiffs lacked locus standi or the court was not properly moved to seize of the matter among a slate of legal pitfalls.
Under such circumstances, "kesi ya msingi" may be potentially unlawful deserving facing an ultimate test of preliminary legal challenges to terminate it in the interest of justice ...whereas to order registrars not to entertain appeals may have grave consequences
The courts may waste valuable time deciding a matter which is prohibited by laws...making the whole adjudication a wastage of meager judicial resources.
All these issues are highly technical but we are discussing them because of executive interference unto judiciary ambit which we have already ruled was poor judgement
What we found of much interest is why he prioritized tax disputes and commercial cases over other civil and criminal cases...is the government on the receiving end on such cases is a matter we find very intriguing...if so, litigants against the government may have a reason to worry....