The Draconian of Ministerial Power to extend time to file Suits in Tanzania: What are the expectations after Joram Lwehabura Bashange Case?

Time limitation is a crucial element to be considered before a prospective litigant decides to file his or her suit. Such aspect has its rationale in two Latin maxims of ‘interest rei publicae finit lituum’ and Vigilantibus non dormientibus subvenit lex’. To address the issue the Tanzanian Parliament passed the Law of Limitations Act in the year 1971. Such law which has its remnants in Indian Law of Limitations Act, 1908 stipulates for time within which a suit has to be filed; when the time start to run; what to do in case one finds himself constrained with issue of time and the consequences of commencing proceedings that are time barred among others. Under the said law, the power to extend time to file suit that is out of time is placed upon the Minister Responsible for Constitutional and Legal Affairs. Feeling something was not right with the law, the petitioner Joram Lwehabura Bashange decided to seek court redress on constitutionality of such provision. The petition was against the Minister himself and the Attorney General. Having considered the rival submission by both parties the High Court proceeded to declare the provision unconstitutional. The Court went further to direct responsible authorities to change the provision within a year. Now therefore, considering the time provided by the court is almost a year this article seek to address the expectations in the legal fraternity as well as the legal effect of the decision if nothing is done thereto.