IN THE MATTER OF ARTICLES 13 (4), 22 AND 23 OF THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA, 1977 (AS AMENDED) AND IN THE MATTER OF GOVERNMENT NOTICE NO. 34 OF 1991 AND GOVERNMENT NOTICE NO. 114 OF 1993 AND IN THE MATTER OF THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP 3 R.E. 2002] AND IN THE MATTER OF AN APPLICATION BY HASHIM MADONGO AND TWO OTHERS v. MINISTER FOR INDUSTRIES AND TRADE AND ANOTHER

The applicants are former employees of DARTEX which was dissolved through an Order published as Government Notice No. 34 of 1991 (GN 34/1991). All the assets and liabilities of DARTEX were vested in the DRTC. The GN did not transfer the employment of the employees of DARTEX to DRTC. Instead, it terminated their employment. The applicants instituted Labour Dispute No. 17 of 1992 at the Industrial Court of Tanzania, challenging their termination. The matter was dismissed. Then, through Miscellaneous Civil Cause No. 2 of 1995, the 1^st applicant, on behalf of 95 others, applied to this court for leave to apply for orders of certiorari to quash G.N. No. 114/93 and mandamus to direct the Minister for Industries and Trade (1^st Respondent herein) to “follow proper procedure” of terminating their employment. The application was struck out for being time-barred. The applicants filed the present constitutional application, seeking for orders akin to the ones they sought in their earlier unsuccessful applications for certiorari and mandamus. The Respondents have raised four points of preliminary objections, inter alia that the applicants had/have other adequate means of redress available to them.