Accountability and transparency in the conduct of government businesses in tanzania

ilboru1995

JF-Expert Member
Oct 4, 2007
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ACCOUNTABILITY AND TRANSPARENCY IN THE CONDUCT OF GOVERNMENT BUSINESSES IN TANZANIA - KASORI


It was only one day after the Speaker, Hon Samwel Sitta had spoken in public in support of transparency – openness on the signing of Government agreements/contracts, when I got very much surprised to hear and read in the media on the 5th December 2008 about Hon Adam Malima, Deputy, minister Energy and Mineral Resources Standing up to defend with great circumlocutions the existing old bad system of “Secrecy” of the same agreements/contracts.

My humble advice to Hon Malima is that as a very high ranking official he should have prayed to be blessed to embrace good practices and ways which can ensure that the citizens of Tanzania do objectively reap the benefits of the resources that lie in their land – Tanzania. For me there is no other way of achieving that noble objective except through transparency and discouraging bribery and corruption. What Hon Samwel Sitta was benevolently advocating and wanting his fellow Tanzanians to seriously take note of was that though Tanzania has been doing business in the extractive industry for more than ten years now, as a country we have not got even closer to full value for the country’s resources (TUNALIWA TU)! Tanzania so far has not been in a position to get a larger fraction of the value of its mineral resources. Hon Sitta while lamenting was sending a powerful message to the government that we are where we are because of poorly designed and poorly executed policies and that as a country, Tanzania had so far continued to be not fairly treated by the notorious corporations we are trading with in the extracting industry. Indeed through the media forum, the fundamental question which Hon Sitta was raising on 4th December 2008( in support of Prof Joseph Stiglitz) was; why should taxpayers in the developed world continue to subsidize a government which in effect is giving away its resources through dubious contracts that condone secrecy; well known in government circles in Tanzania as “best practices” (Oh Sick!)

Hon Malima rather than come up with the type of negative comments he made about Hon Sitta’s call on transparency he should have done a great honor and service to Tanzania, to the Hon Speaker and to himself by endorsing Hon Sitta’s prudent message. Whether Malima likes it or not the truth remains that “Transparency has for long been recognized as one of the strongest ANTIDOTES to CORRUPTION – as the expression goes – SUNSHINE IS THE STRONGEST ANTICEPTIC. So if the citizens are to provide a check against corruption for resources which are rightfully theirs, they have to know what is always going on. This is necessary to promoting both meaningful democracy and accountability.

It Is perfectly prudent and it is makes sense for our ministers in Tanzania to realize the fact that as a nation we have in the last ten years lost a lot of wealth through dubious contracts done in secret. At this material time Hon Sitta should be hailed for having come up in full support of transparency in the conduct of our government businesses and in support of the president who is now waging a serious war against corruption and abuses of public office. Through the media, Tanzanians should all the time be getting full disclosure of what is paid and how much was extracted in the extractive industry. Without such a broader agreement as has long ago been forewarned by professor Joseph Stiglitz of the university of Columbia and former chief economic advisor to President Clinton, there will continue to be in Tanzania a big race to the bottom and companies and countries most willing to engaged in corruption practices, and least willing to be transparent will have an advantage to others. Let us always bear in mind that trade agreements /contracts can be used to forge good behavior.

It is high time Politicians and Government officials in Tanzania got up to do more in this direction than just always providing here and there pious lectures to Tanzanians on what they can and should do to get more for the country’s minerals and natural resources. Our leaders should be role models in the provision of proper comments/advice. For Tanzania to continue giving away our resources, raw as they are 100% of unprocessed deposits, we typically shall continue not to know how much the government is or should be receiving in real revenue terms for its mineral resources. This means the government will continue getting less money to pay for infrastructure, water, schools, hospitals, and other facilities that are absolutely necessary if the country is to be seriously developed. Let us again stress here the fact that poorly designed and poorly executed policies, agreements and contracts always result in the government receiving both too little upfront and too little down the line. Grateful to Hon William Ngeleja from the same ministry of Energy and Mineral Resources for having also acknowledged this anomaly! (Mwananchi news paper no 03096 front page 1 and page 4) of 3rd December 2008.

Much as trade negotiations have always been done in “secret” – our ministers ought to be well advised that trade agreements/contracts are always long and complex and that lobbyists (an army of well qualified lawyers and trade experts) always work hard to burry in them self serving provisions that they hope will escape attention. That it is an indisputable fact that our ministers are ill equipped to understand the full implications of each contract clause. Hence the call for Hon Sitta for having these agreements scrutinized by members of parliament in Tanzania. That in most cases like I have said earlier herein, it is also a fact that our ministers when it comes to them wanting clarifications of certain clauses in the Green Rooms of Negotiations they are told and made to accept willingly that the clauses in question are “standard – best practices”. It is also common knowledge that these days the whole market is contaminated. Whatever agreements/contracts which have been signed – corporations always cheat and the money so accrued by cheating is always large. That we are also aware of the fact that our ministers when they come back from the same Green Rooms of Negotiations, “they are helped” to find strong arguments for why it is “good” even “necessary” for our Government to receive so little including tax-holidays.
(TUNALIWA KWA KUINGIA MIKATABA NA KUTUNGA SHERIA ZA KULIWA! SISI MAZUZU? Alionya Mwalimu J. K. Nyerere)
Hon Sitta, Him being that much of a patriot – and in true recognition of what I have narrated above, another serious point he was putting across on 4th December 2008 in defense for openness – transparency in the ministry of Energy and Mineral Resources was that Trade especially in a poor country like Tanzania is too important for economic development to be left to free trade economists only. And that Tanzania should not continue being forced to auction off its future for small immediate gains through secret agreements. That the parliament of Tanzania can not continue sitting back while the economy of Tanzania doesn’t benefit much from the extractive industry – resources of which are finate! Hence the governments insistence on claims that it cannot disclose information because it violates business confidentiality, according to professor Joseph Stiglitz and professor Ha Joon Chang “that is nothing more than an excuse that is only the veil behind which government officials and corporations can continue in the corrupt practice”!

The two professors continue to advise that prudent governments especially in the developing nations can set the rules and that “to date there are enough HONEST corporations willing to play with rules of transparency. That the “citizens” right to know should trump any claims to business confidentiality”. (Powerful advice indeed!)

Our leadership in Tanzania should know that things done against the will of the people always end up in shame! Cases like EPA in BoT, BUZWAGI, RICHMOND are recent telling examples. People shouted loudly against these vices, but the voices of the poor were never held.

Our Leaders, Please be advised that rebellions against rhetorics including persistence of signing of secret trade agreements/contracts is obedience to God. That it is only through labor and painful effort by firm energy and resolute courage that Tanzania can move to better and greater economic growth and development. Some of the things that will destroy Tanzania are the love for undue praises by our leaders and that of get rich quickly plus that of indiscriminate intimidation of the press. Grace be to God and my best regards to Hon Samwel Sitta the Speaker – Perliament of Tanzania. I Most sincerely I thank him for having boldly mandated the Tanzanian local media houses to spearhead developmental consciousness in the mind sets of wananchi.

Sharing similar concerns with Hon Sitta, on bad trade agreements and policies: is one professor Ha Joon Chang of faculty of economics – university of Cambridge London who in his book Kicking Away the Ladder – development strategy in historical perspective (2002) says:-
There is currently development pressure in the developing countries to adopt a set of what they call “good policies” and “good institutions” to foster their economic development. That when these developing countries (like Tanzania) show reluctance in adopting them the, proponents of this recipe often find it difficult to understand these countries “stupidly” in not accepting such tried and tested recipe for development.
After all, so they argue, these are the best policies and institutions that developed countries used in the past in order to became rich. Their belief in their own recommendations is so absolute that they have to be imposed in the developing countries even when these countries do not want them. Who ever listened to Hon Malima’s comments, it is this very school of thought which empowered him to tell Hon Sitta that agreements and policies on mineral resources in Tanzania are standard and best practices and ought to remain confidential – (secret) with his ministry!

But contrary to conventional wisdom professor Ha Joon Chang continues to advise thus; the historical facts is that rich countries did not develop on the basis of policies and institutions that they are now recommending to and often force upon developing countries. He goes on to say … unfortunately this fact is very little known these days because the official historians of capitalism have been very successful in rewriting its history.
He further stresses that historical facts about historical experiences of developed countries should be widely published and read. That this is not a matter of getting history right but also of allowing the developing countries to make more informed choices. That by being allowed to adopt policies and institutions that are more suitable to their conditions, the developing countries will be able to develop faster. And he ends by saying that “the developed countries cannot see this fact (including Hon Malima) is the tragedy of our time” (Powerful Observation indeed!)

In similar vein, it behoves us to well advise our leaders that the role of government now needs to be rehabilitated. Some of the practices and initiatives we see now to an ample measure do amount to “green wash” or are just mere attempts to camouflage what was rightly said by the speaker Hon Sitta that business as usual. Economic policies (Agreements/contracts) as Barry coats, director of world development movement puts it Tanzania, like in any other developing countries “should be run by the government that is accountable to the people and not run from Washigton DC by the IMF and the World Bank through onerous and intrusive conditions”. Emphasis must be on building the capacity and accountability of our government and not undermining it.

We have to take stock of the fact that good government reputation takes time, big resources, creativity and efforts to build. This good government’s reputation can be damaged in a much shorter time with very little energy and can be difficult to rebuild. Corporations which come to do business in Tanzania – one of the resource - rich countries, have a vital role in fostering genuine economic development and economic growth. But these corporations have no legitimacy to replace the functions of the government in the name of globalization, good governance etc. To borrow Kul Currah’s observations; like it happened elsewhere in some of the developing countries, we have of late seen in Tanzania corporations which have behaved like “unsympathetic global tourists” seeking and soaking up undue profits like the sun without genuinely being party of society. And always they have gone away with total impunity totally undisturbed. This happened because of secret agreements/contracts of our government inspite of persistent warnings of our local whistler-blowers – the local media houses. In this regard and following Hon Sitta’s recent call, our local civil society must be helped by our local media houses to make sure that it takes the lead in ensuring that our government is objectively held accountable; and that there are no office abuses by our leaders.

While it is true that foreign investments can bring in new technologies and access to modern markets we strongly advise that things must operate within a framework of rules that prevents the ongoing exploitation of our mineral and natural resources and build links with our local economy. The development agenda of our mineral resources must be owned by Tanzanians. Enough is enough. It is high time we implemented Judge Bomani’s recent report on minerals without any further ado. We can no longer continue complaining about unfair treatment by corporations which come to invest in Tanzania. Let us have the courage to act in a big way like Botswana, South Korea, Chile, China, India, Norway and Malaysia where suggestions of investors and donors have always been careful evaluated before being granted any licenses to do any businesses. It is high time we stopped adopting policies that impoverish our nation. The main responsibility of getting as much value as possible from our natural resources and using it well resides with us. Tanzania does not need a Marshall Plan. The best brains and resources are there. Right now with the help of Judge Bomani’s mineral report we only need to quickly put in place procedures for independent evaluations of the returns of investments. Most important Tanzania needs to view both its mineral and natural resources as its endowment of which the current government and generation are but trustees for future generations!

Wealth begins from the wisdom of elders – Hon Sitta has said it all. Mine has only been adding my voice to his call. Hence what our media should continue doing is to aggressively continue using their pen to condemn the aging bad practices of signing mineral and natural resources agreements/contracts secretly and other abuses of government office. The pen is mightier than a sword. Let us continue using the pen to play this game wisely and avoid unwise condemnations. It can be done! Play your part.

Note – Developing countries, Tanzania included lower their taxes to attract foreign investment. Rich individuals and multinationals use tax havens to evade taxes. Both of these processes are seriously eroding the tax base of many governments. Yet development policy makers have persistently continued to ignore the issue of taxation! Our leaders need to change and carry out research and analysis to rectify their lack of knowledge about this important area and its implications. It should also be accepted that the orthodox recipe is not working and also that there can be no “best practices” that everyone should use – (Ha Joon Chang and Vito Tanzi, Charles Mclure Jr, Alex Cobham and John Christensen)

“Those who can’t be counseled, can’t be helped” Roosevelt former President of USA.

S. H. KASORI
RETIRED PRIVATE SECRETARY TO
MWALIMU J.K NYERERE
P.O.BOX 1537
CELL: +255 716 267879
ARUSHA
10/12/2008
 
Much as trade negotiations have always been done in “secret” – our ministers ought to be well advised that’s trade agreements/contracts are always long and complex and that lobbyists (an army of well qualified lawyers and trade experts) always work hard to bury in them self serving provisions that they hope will escape attention. That it is an indisputable fact that our ministers are ill equipped to understand the full implications of each contract clause. Hence the call for Hon Sitta for having these agreements scrutinized by members of parliament in Tanzania. That in most cases like I have said earlier herein, it is also a fact that our ministers when it comes to them wanting clarifications of certain clauses in the Green Rooms of Negotiations they are told and made to accept willingly that the clauses in question are “standard – best practices”. It is also common knowledge that these days the whole market is contaminated. Whatever agreements/contracts which have been signed – corporations always cheat and the money so accrued by cheating is always large. That we are also aware of the fact that our ministers when they come back from the same Green Rooms of Negotiations, “they are helped” to find strong augments for why it is “good” even “necessary” for our Government to receive so little including tax-holidays. (TUNALIWA KWA KUINGIA MIKATABA NA KUTUNGA SHERIA ZA KULIWA! SISI MAZUZU? Alionya Mwalimu J. K. Nyerere)

Mzee wetu Kasori, thanks for your endless support for our motherland one Tanzania! Viongozi wetu wengi ni kweli Mazuzu na hawana chembe ya Uzalendo ktk damu zao...

 
Tanzania does not need a Marshall Plan. The best brain and resources are there. Right now with the help of Judge Bomani's mineral report we only need to quickly put in place procedures for independent evaluations of the returns of investments. Most important Tanzania needs to view both its mineral and natural resources as its endowment of which the current government and generation are but trustees for future generations.

...wish they could...

 
Wealth begins from the wisdom of elders – Hon Sitta has said it all. Mine has only been adding my voice to his call. Hence what our media should continue doing is to aggressively continue using their pen to condemn the aging bad practices of signing mineral and natural resources agreements/contracts secretly and other abuses of government office. The pen is mightier than a sword. Let us continue using the pen to play this game wisely and avoid unwise condemnations. It can be done! Play your part.

Note – Developing countries, Tanzania included lower their taxes to attract foreign investment. Rich individuals and multinationals use tax havens to evade taxes. Both of these processes are seriously eroding the tax base of many governments. Yet development policy makers have persistently continued to ignore the issue of taxation! Our leaders need to change and carry out research and analysis to rectify their lack of knowledge about this important area and its implications. It should also be accepted that the orthodox recipe is not working and also that there can be no "best practices" that everyone should use – (Ha Joon Chang and Vito Tanzi, Charles Mclure Jr, Alex Cobham and John Christensen)

"Those who can't be counseled, can't be helped" Roosevelt former President of USA.
S. H. KASORI
RETIRED PRIVATE SECRETARY TO
MWALIMU J.K NYERERE
P.O.BOX 1537
CELL: +255 716 267879
ARUSHA
10/12/2008

 
While it is true that foreign investments can bring in new technologies and access to modern markets we strongly advise that things must operate within a framework of rules that prevents the ongoing exploitation of our mineral and natural resources and build links with our local economy. The development agenda of our mineral resources must be owned by Tanzanians. Enough is enough. It is high time we implemented Judge Bomani's recent report on minerals without any further ado. We can no longer continue complaining about unfair treatment by corporations which come to invest in Tanzania. Let us have the courage to act in a big way like Botswana, South Korea, Chile, China, India, Norway and Malaysia where suggestions of investors and donors have always been careful evaluated before being granted any licenses to do any businesses. It is high time we stopped adopting policies that impoverish our nation. The main responsibility of getting as much value as possible from our natural resources and using it well resides with us. Tanzania does not need a Marshall Plan. The best brains and resources are there. Right now with the help of Judge Bomani's mineral report we only need to quickly put in place procedures for independent evaluations of the returns of investments. Most important Tanzania needs to view both its mineral and natural resources as its endowment of which the current government and generation are but trustees for future generations!
 
Note – Developing countries, Tanzania included lower their taxes to attract foreign investment. Rich individuals and multinationals use tax havens to evade taxes. Both of these processes are seriously eroding the tax base of many governments. Yet development policy makers have persistently continued to ignore the issue of taxation! Our leaders need to change and carry out research and analysis to rectify their lack of knowledge about this important area and its implications. It should also be accepted that the orthodox recipe is not working and also that there can be no "best practices" that everyone should use.

Mfano mzuri ni Mining policy tuliyotengenezewa 1998 na bw Mkapa kwa umbumbu na bila ya kuwa na uzalendo alibariki huku akisifia kuwa mrahaba wa asilimia 3 si haba!
 
Note – Developing countries, Tanzania included lower their taxes to attract foreign investment. Rich individuals and multinationals use tax havens to evade taxes. Both of these processes are seriously eroding the tax base of many governments. Yet development policy makers have persistently continued to ignore the issue of taxation! Our leaders need to change and carry out research and analysis to rectify their lack of knowledge about this important area and its implications. It should also be accepted that the orthodox recipe is not working and also that there can be no “best practices” that everyone should use.

Mfano mzuri ni Mining policy tuliyotengenezewa 1998 na bw Mkapa kwa umbumbu na bila ya kuwa na uzalendo alibariki huku akisifia kuwa mrahaba wa asilimia 3 si haba!

Changamoto ktk nchi zinazoendelea hususan ktk suala zima la kuhujumiwa zilikuwepo, zipo sana nyakati hizi na zitakuwepo! Uzalendo na nia ya kweli ya kukabiliana na changamoto hizo ndiyo misingi imara kuelekea kwenye mafanikio ya kweli ya kujitawala na kujitambua kama taifa... Mungu ibariki TANZANIA...
 
Tanzania does not need a Marshall Plan. The best brains and resources are there...
Kweli kabisa wapo lakini hawapewi nafasi, na wenye kupewa nafasi ni vilaza kama Mattaka, Nyang'anyi, Mkulo, Masha, Edo, Mgonja, Membe, Sophia, Shamsa, Buriani, Mramba basil, Kingunge, Nchimbi, na viongozi karibu wote isipokuwa Pinda na Sitta ambao ushahidi wa kimazingira unanifanya niwaone wanaunafuu angalau...
 
tanzania does not need a marshall plan. The best brains and resources are there...
kweli kabisa wapo lakini hawapewi nafasi, na wenye kupewa nafasi ni vilaza kama mattaka, nyang'anyi, mkulo, masha, edo, mgonja, membe, sophia, shamsa, buriani, mramba basil, kingunge, nchimbi, na viongozi karibu wote isipokuwa pinda na sitta ambao ushahidi wa kimazingira unanifanya niwaone wanaunafuu angalau...

wizi mtupu!!!
 
Unaita watu vilaza wewe labda hata degree huna, kwa taarifa yako Nyanganyi ni Graduate of Kenedy school of Governance, Harvard. Hakuna kilaza anayepata admission chuo hiki kilicho USA, you need to have a record. Get the facts than writing rubbish, stick to the point. Kama kuna political issue you need to point them out please do so than be disrespectful. Lets learn to analyze things with facts than writing blaaa blaaa blaaa, you will be a good debator and we will get your point!
 
Unaita watu vilaza wewe labda hata degree huna, kwa taarifa yako Nyanganyi ni Graduate of Kenedy school of Governance, Harvard. Hakuna kilaza anayepata admission chuo hiki kilicho USA, you need to have a record. Get the facts than writing rubbish, stick to the point. Kama kuna political issue you need to point them out please do so than be disrespectful. Lets learn to analyze things with facts than writing blaaa blaaa blaaa, you will be a good debator and we will get your point!

Na wewe kwa taarifa yako, hiyo school of governance ina program za aina mbili, kuna program za vipanga na program za vipunga. Program ya vipunga inachukuwa watu waliokwisha shika madaraka kwenye nchi zao bila kujali academic fitness yao, na kuwafunua tongotongo tu. Program hii haiwatii kitabu wahusika kama kile kinachotolewa kwa vipanga. Kwa kawaida program hii ya vipunga inachukua mwaka mmoja tu. Program ya vipanga inachukuwa watu ambao ni academically compentent, na kuwapiga academic drill kwa miaka miwili.

Inategemea Nyang'anyi alisoma program gani kati ya hizo mbili; tunajua kuwa Sumaye alisoma program gani.
 
Unaita watu vilaza wewe labda hata degree huna, kwa taarifa yako Nyanganyi ni Graduate of Kenedy school of Governance, Harvard. Hakuna kilaza anayepata admission chuo hiki kilicho USA, you need to have a record. Get the facts than writing rubbish, stick to the point. Kama kuna political issue you need to point them out please do so than be disrespectful. Lets learn to analyze things with facts than writing blaaa blaaa blaaa, you will be a good debator and we will get your point!

If and only if you Mtetezi wa Mafisadi Vilaza and Your Sweet Mnyang’anyi have got these Good Leadership Traits ie Honest, Competent, Forward-looking, Inspiring, Intelligent, Fair-minded, Broad-minded, Courageous, Straightforward, Imaginative… then you wudn’t let our Motherland one Tanzania sinks in a drastically way! Still VILAZA TU as long hamuwezi ku-deliver!
 
Congratulations to you Bw. Kasori for your "Mada" on "Accountability and Transparency in the Conduct of Government business in Tanzania". You are a true patriot and you seem to be one of the rare people who worked with Mwalimu who still believe in an open, honest approach to public affairs. I entirely agree with you that Hon Samwel Sitta, the Speaker of our Parliament should be supported in his call for the so-called secret agreements and contracts to be submitted for scrutiny by our M.Ps.

It is sad that under J.K. people like Adam Malima have found their way into positions of influence. These are the greedy mafisadi who want to fill their coffers quickly so that they can leave poverty-stricken Tanzanians to go in retirement in Florida, USA. etc.

Actually our Constitution and laws require that all contracts binding Government are submitted to Parliament and the President should know that. During negotiations it may be desirable to keep the various points being argued to be confidential. But if officials are patriotic and honest, seeking professional advice when need arises, a contract which they can defend publicly in Parliament should be the result of such negotiations. Malima's arguments are therefore nonsensical and I am glad that Minister Ngeleja does not appear to share his misguided Deputy's views.

Kilasara (Fresh JF Member)
 
While it is true that foreign investments can bring in new technologies and access to modern markets we strongly advise that things must operate within a framework of rules that prevents the ongoing exploitation of our mineral and natural resources and build links with our local economy. The development agenda of our mineral resources must be owned by Tanzanians. Enough is enough. It is high time we implemented Judge Bomani’s recent report on minerals without any further ado. We can no longer continue complaining about unfair treatment by corporations which come to invest in Tanzania. Let us have the courage to act in a big way like Botswana, South Korea, Chile, China, India, Norway and Malaysia where suggestions of investors and donors have always been careful evaluated before being granted any licenses to do any businesses. It is high time we stopped adopting policies that impoverish our nation. The main responsibility of getting as much value as possible from our natural resources and using it well resides with us. Tanzania does not need a Marshall Plan. The best brains and resources are there. Right now with the help of Judge Bomani’s mineral report we only need to quickly put in place procedures for independent evaluations of the returns of investments. Most important Tanzania needs to view both its mineral and natural resources as its endowment of which the current government and generation are but trustees for future generations!

I completely agree with most of the above. However, I do think we need a plan that all Tanzanians buy into. We had this with ujamaa. Although we have many plans and strategies right now, we have no single plan that most Tanzanians understand and are committed to. To kickstart the value-for money discussion, I attach an analysis of 7 mining contracts in TZ. I hope this helps us to analyse how to take forward the Bomani report recommendations.
 

Attachments

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Na wewe kwa taarifa yako, hiyo school of governance ina program za aina mbili, kuna program za vipanga na program za vipunga. Program ya vipunga inachukuwa watu waliokwisha shika madaraka kwenye nchi zao bila kujali academic fitness yao, na kuwafunua tongotongo tu. Program hii haiwatii kitabu wahusika kama kile kinachotolewa kwa vipanga. Kwa kawaida program hii ya vipunga inachukua mwaka mmoja tu. Program ya vipanga inachukuwa watu ambao ni academically compentent, na kuwapiga academic drill kwa miaka miwili.

Inategemea Nyang'anyi alisoma program gani kati ya hizo mbili; tunajua kuwa Sumaye alisoma program gani.

Kichuguu, big up for that analysis... Naona umeamua kumshukia kama mchwa...Sumaye naye alienda huko. Hiyo kozi haiko kwenye main stream Havard Programs. Pilia huyo mchangiaji napenda ajue kwamba kuudhuria shule na kutoka na vyeti si suluhisho, unaweza ukawa navyo lakini ukawa huna Hekima na Busara... Mfano kuna baraza la mawaziri kama la kikwete lililojaa "madaktari" na maprofesa lakini utendaji wake watia shaka?
 
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