Kubeja v Republic (Miscellaneous Criminal Application 15 of 1981) [1981] TZHC 2460 (20 August 1981)

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Kubeja v Republic (Miscellaneous Criminal Application 15 of 1981) [1981] TZHC 2460 (20 August 1981)

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Citation Kubeja v Republic (Miscellaneous Criminal Application 15 of 1981) [1981] TZHC 2460 (20 August 1981) Copy Media Neutral Citation [1981] TZHC 2460 Copy Court High Court of Tanzania Court registry High Court Mbeya Registry Case number Miscellaneous Criminal Application 15 of 1981 Judges Mroso J Judgment date 20 August 1981 Language English

Summary

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• dministrative Law-Habeas Corpus application-Confinement in a fenced area at a Resettlement Centre-Whether tantamount to unlawful detentionResettlement of Offenders Act No. 8 of 1969

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Case summary

The applicant was initially the subject of a valid deportation order but "subsequently served with a resettlement order to resettle at Songwe Resettlement Centre. While at the Centre he was confined in a fenced fort and kept under close guard by armed prison officers. The applicant considered this confinement to unlawful detention and filed a habeas corpus application. be Held: (i) prison authorities have no power to impose conditions of confinement on settlers contrary to the existing law; (ii) an individual must not be deprived of his freedom more than the law clearly stipulates; (iii) it was proper for the Minister for Home Affairs to serve a deportee with a resettlement order which automatically rendered the deportation order inoperative; (iv) the confinement of the applicant in a securely fenced area constantly guarded by armed prison officers is unlawful because it offends the spirit of the Resettlement of Offenders Act. Application granted.

Order

In view of the above facts and obseryationc I am of the firm view that the confinement in a securely fenced area of the resettlement centre to which the applicant has been placed and where he is constantly guarded by armed prison warders is unlawful. Further, the alleged directions said to have emanated from seminars of prison officers and the circular from the Principal Commissioner of Prisons ferred to earlier in this ruling are 'declared to be ultra vires and of no legal effect. The applicant should therefore be removed forthwith from the fenced confinement at the Songwe Resettlement Centre and be allowed to lead the normal life of settlers unless and until the resettlement order is reviewed by the relevant competent authority according to law.

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