Julius Ishengoma Ndyanabo versus The A.G; Civil Appeal No 64 of 2001: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Constitutional Law
- Interpretation of the Constitution of the United Republic of Tanzania –principles applicable.
- Fundamental pillars of the constitution.
- Administrative Law
- Delegated legislation – Contradictions between Rules and the main Act – Effect.
Held:-
(i) The Constitution of the United Republic of Tanzania is a living instrument, having a soul and consciousness of its own as reflected in the preamble and fundamental objectives and principles of state policy. Courts must therefore, endeavour to avoid crippling it by construing it technically or in a narrow spirit. It must be construed in tune with lofty purposes for which its makers framed it. So construed, the instrument becomes a solid foundation of democracy and rule of law.
(ii) The provisions touching fundamental rights have to be interpreted in a broad and liberal manner, thereby jealously protecting and developing the dimensions of those rights and ensuring that our people enjoy their rights, our young democracy not only function but also grows, and the will and dominant aspirations of the people prevail. Restrictions on fundamental rights must be strictly construed.
(iii) The constitution rests on three pillars namely, (a) rule of law: (b) fundamental rights and (c) independent, impartial and accessible judicature.
(iv) It is an established principle of common law that rules must be read together with their relevant Act. Rules cannot repeal or contradict express provisions in the Act from which they derive authority.
(v) It is also a well established principle of law that where an Act passed subsequently to the making of the rules is inconsistent with them, the Act must prevail unless it was plainly passed with a deferent object and then the two will stand together.