No need for Bunge to ratify contracts, says AG‏
Leonard Mwakalebela, Dodoma, 3rd February 2010 Daily News
THE government has neither plans, nor strategy of tabling a bill to enable Parliament to ratify all contracts entered by the government.
The Attorney General Mr Frederick Werema told the National Assembly today that such move would be contrary to the Constitution of the United Republic of Tanzania.
According to him, such contracts, which are commercial by nature, are being made by government servants as per section 35 (1) of the Constitution.
The AG also told the House that the President, according section 33 (2) of the Constitution, was the head of the government apart from being Head of the State and Commander in Chief.
The AG was answering questions by Ussi Amme Pandu (Mtoni-CCM) on behalf of the minister for Justice and Constitutional Affairs.
The MP wanted to know as to when the government would table such a bill because such confidentiality of the contracts was fuelling corruption.
Mr Werema noted, however, that the Bunge still had the chance of advising and monitoring the government on contracts as per section 63 (2) and (3) of the Constitution.
Its not true that the current arrangement fuels graft. Your Parliament enacted Public Procurement Act which has put in place conditions to be observed while entering into contract.
The conditions are supervised by the government through Public Procurement Regulatory Authority (PPRA) which has mandate of nullifying unsatisfactory contracts, the AG explained.
He stressed that there were neither suggestions, nor evidences that there were ghost contracts entered by some of the public organisations and government institutions.
What I know is that therere arguments and feelings among experts that therere valid contracts whose conditions are painful to the nation or did not take into consideration national interest, observed Mr Werema.
He said that according to Act no.4 of 2005, the office of AG was obliged to advise the government on commercial contracts and international conventions and protocols.
The AG urged the public to have confidence in their government and that the government would not bless contracts which were not in public interest and welfare.