The Background
Fabian Anaclet Massaga, a government-employed medical specialist seconded to Bugando Medical Centre, was reappointed as Director General for three years from 24 July 2024 to 23 July 2027. The appointment introduced distinct executive duties, benefits and remuneration.
The employer ended the Director General contract on 4 March 2025. The CMA found a breach of the fixed-term contract and awarded TZS 532,104,000, representing remuneration that would have been earned had the contract not been breached. The employer applied to revise that decision.
The Legal Issue
The Court considered the validity of the appointment, the relationship between the executive contract and Massaga’s underlying permanent employment, the treatment of bank statements and other remuneration evidence at the CMA, and whether the arbitral decision should be disturbed.
The Court’s Decision
The Court found the revision application devoid of merit and dismissed it. The fixed-term appointment was valid and binding, its immediate termination had contractual effect, and the record supported the CMA’s remuneration findings.
The Reasoning
The appointment had contractual effect
The applicant had authorised, recognised and later terminated the appointment. It could not treat the appointment as valid for termination while denying its validity when liability arose.
The roles were not competing contracts
Massaga’s underlying public-service position remained in the background during secondment. The distinct duties and remuneration of the Director General appointment created a separate contractual regime.
CMA procedure prioritised substantive fairness
Sections 89(4) and (5) of the Employment and Labour Relations Act permit procedural flexibility while preserving the parties’ opportunity to present and challenge evidence.
The remuneration evidence was not rebutted
Massaga’s evidence was supported by the employer’s Chief Accountant. Under section 97(1), the employer could have produced its own remuneration records but did not do so.
Representation
- Innocent Bernard
- Counsel for the Applicant
- Flodius Mutungi and Ernest Alfred Mhagama
- Counsel for the Respondent