Court upholds dismissal of Ex-MSD Acting Director

DAR ES SALAAM: THE Court of Appeal has rejected an appeal by former Acting Director General of the Medical Stores Department (MSD), Mr Cosmas Mwaifani, who sought to challenge his dismissal over alleged embezzlement of funds.

In a recent judgment delivered in Dar es Salaam, Justices Gerald Ndika, Zephrine Galeba and Agness Mgeyekwa ruled against Mr Mwaifani’s appeal, finding it to be without merit.

The court ordered that the appeal be dismissed with no order on costs. Mr Mwaifani’s appeal contested the High Court’s decision, which declined his application for judicial review over his dismissal.

He argued that the trial judge misinterpreted the law regarding the Ministry of Health’s role in his disciplinary process, claiming the Ministry acted as complainant, prosecutor, and judge, thereby violating principles of natural justice.

The appellant also claimed the disciplinary process was flawed as it proceeded while he was facing criminal charges at the Kisutu Resident Magistrate’s Court on similar facts.

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The justices dismissed the claim that the Ministry’s role compromised the process, noting that under current law, the Ministry is the designated authority to handle disciplinary appeals involving the MSD’s Director General and Directors.

“The situation may seem grotesque, but that is what the law is at present,” the justices remarked, emphasising the Ministry’s legal mandate.

On parallel criminal and disciplinary proceedings, the court clarified that initiating a criminal complaint does not preclude disciplinary actions.

They upheld the trial court’s view that concurrent proceedings only exist if disciplinary actions coincide directly with criminal charges.

Mr Mwaifani joined the MSD in 2003 as Customer Services Manager, rose to Director of Customer Services in 2004, and became Acting Director General in 2012. In February 2016, he was suspended following allegations of misconduct.

In May 2016, he was served with 10 disciplinary charges and provided a written defence before appearing for a hearing in June 2016.

On 8 July 2016, the MSD terminated his employment, citing the Inquiry Committee’s findings. Mr Mwaifani appealed to the Ministry of Health, which upheld his dismissal in October 2016.

Dissatisfied, he sought redress in the High Court, which also ruled against him, prompting his appeal to the Court of Appeal.

The Court of Appeal’s decision affirms the Ministry’s authority in such disciplinary matters and highlights the limitations in challenging these processes under existing laws.