Dodoma — THE High Court's Dodoma Main Registry has granted an application by the Chief Secretary and three others to challenge reinstatement of a former Tanzania Ports Authority (TPA), employee, Protus Mushi, whose services were terminated over allegations of certificate forgery.
Principal Judge Mustapher Siyani ruled in favour of the Chief Secretary, the Public Service Commission, the TPA and the Attorney General after allowing their application for an extension of time to file an appeal against the earlier High Court decision that ordered Mr Mushi's reinstatement.
"Accordingly, I find that the applicants have shown good cause, and their application is meritorious; therefore, it is granted. I, hereby, extend the time by 14 days from the date of this ruling for the applicants to take necessary action," said the Principal Judge in a ruling dated July 29, 2025.
During the hearing of the application, the applicants alleged that the previous High Court ruling was marred by illegality. They argued that the court lacked jurisdiction to compel the TPA to reinstate Mr Mushi without any loss of entitlements.
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The respondent, Mr Mushi, strongly opposed the application, insisting that the court had full jurisdiction to make the reinstatement order.
He cited the case of Michael Mabula Nzengula to support his argument. In his ruling, Principal Judge Siyani observed that jurisdiction is a fundamental legal issue and forms the basis of judicial authority.
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He noted that any allegation of its absence is a serious matter that cannot be ignored "I am convinced that the allegation of illegality is apparent on the face of the record, as indicated in the applicants' affidavit. This Court, as currently approached, is not the appropriate forum to decide the veracity of that allegation one way or the other," he stated.
The Judge concluded that the application had merit, adding that allegations of illegality have long been recognised as sufficient grounds for extension of time in filing appeals.
Records show that on February 13, 2009, Mr Mushi applied for a position at the TPA as an office attendant, indicating his academic qualification as Standard Seven. He was hired on a three-month probationary basis. Later, he was promoted to the position of Mooring Hand on a contract of unspecified duration.
During his employment in that role, Mr Mushi submitted a Form Four certificate purportedly issued by Kibasila Secondary School, claiming to have attained secondary education.
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However, a verification conducted by the National Examination Council of Tanzania (NECTA) revealed the certificate to be a forgery. As a result, TPA suspended Mr Mushi on June 29, 2018, and subsequently charged him before a disciplinary committee.
He was found guilty and formally dismissed from employment on September 15, 2018. Mr Mushi appealed the dismissal to the Public Service Commission and later to the Chief Secretary, but both upheld the termination.
Unsuccessful in those appeals, Mr Mushi sought judicial review in the High Court, which on September 4, 2024, ruled in his favour, quashing the previous decisions and ordering his reinstatement.
The recent ruling now paves the way for the Chief Secretary and co-applicants to challenge that reinstatement ruling before the appropriate appellate court.
