In February, 2020 the parliament passed the written laws [miscellaneous amendments] act to include all the suits by or against public corporations, parastatal organization, executive agencies and local government authorities in the list of government suits. Prior to the amendments suits by or against the public corporations and parastatal organization were not treated like government suit and such entities were not bound by the government proceeding act. The public corporation had semi autonomy to sue or being sued without joining the attorney general in dispute arising from contract. Now after the amendment any suit by or against such public entities are treated like government suit and the procedure for instituting proceeding against the government must conform to the provision laid down by the Government Proceeding Act regardless of the nature of the claim.

Under the current procedure before suing a public corporation, parastatal organization, executive agencies or local government authority the claimant has to follow the following procedure

i. The claimant has to serve such public entity which is alleged to have committed a civil wrong with 90 days’ notice of intention to sue, and that notes must contain the factual basis of the claim and relief sought. A copy of that notes must be served upon the attorney general and the solicitor general. It is only upon expiration of the notice period; the claimant may institute a suit.

ii. Government suit should be instituted in the high court irrespective of the nature of the claim or monetary value involved in the suit.

iii. in all suit by or against the government the attorney general must be joined as a co-defendant as per section 6[4] of the government proceeding act [R.E 2019] provides to the effect that attorney general must be joined as the co-defendant unless another person ought to be sued. and as per the decision in the case of Burafex Limited vs Registrar of Titles, Civil appeal no 235 of 2019 the court held that non joinder of attorney general in terms of section 6[5] of the government proceeding act will cause the government not to be represented by his chief legal adviser and so vitiate the proceeding hence in every proceeding against the government attorney general is necessary part.

iv. The last procedure is about execution of decree against the government. The law provides to the effect that in any proceeding by or against the government any order or cost is made against the government in favor of an individual, the law provides that an individual shall make an application as per section 16[1] of the Government Proceeding Act and such application is made through chamber summons supported by an affidavit as per Oder XLII rule 2 of the Civil Procedure Code, Cap. 33[R.E 2019]. Upon application the claimant will be granted a certificate containing particulars of the order, amount payable and submit it to the government permanent secretary treasury as per section 16[2] of the Government Proceeding Act [ Cap. 5 R.E 2019].

But if the order is made in favor of the government against the person in any proceeding the mode of execution will be the same as an order made to a private person as provided under section 17 of the government proceeding act .

It should be noted that the properties or bank accounts of parastatal organization, public corporations, and local government authority cannot be attached to execute decree against them.

If you need more information/assistance about suit against government in Tanzania, please do not hesitate to contact us.

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