Mkapa`s immunity on spotlight

[BAK]

Mkapa`s immunity on spotlight

2008-04-28 09:33:49
By Gadiosa Lamtey

Two ministers yesterday sidestepped questions as to whether former President Benjamin Mkapa is immune from trial on charges related to offences that he might have committed while in office, but which are outside the scope of presidential duties.

Reached for comments, both Constitutional Affairs and Justice Minister Mathias Chikawe and Sophia Simba, Minister for State (Good Governance) in the President`s Office, were not in a position to give a clear answer.
Minister Chikawe said he was unable to give comments because he was bed-ridden.

``As I`m talking to you now, I`m lying on bed. I`m sick. I advise you to call the Attorney General,`` said the minister, without giving other details, including those related to his illness.

However, efforts to reach Attorney General Johnson Mwanyika by telephone proved futile.

In a brief telephone interview, the Minister of State in the President`s Office (Good Governance) Sophia Simba said her office was not in a position to make any comments because issues on the Constitution and laws of the land fell under the portfolio of the Constitutional Affairs and Justice ministry.

``The good governance portfolio is charged with matters surrounding good governance. I therefore advise you to contact the relevant ministry,`` she said in a brief interview with this reporter.

The Speaker of the National Assembly, Samuel Sitta, who spoke to The Guardian news desk on his way back to Dar es Salaam from Dodoma, said he did not have an answer.

``I don`t know the procedures employed on the matter. I think it would be better if you talked to the assistant to the Prime Minister. They areworking on the matter, including scrutinizing the evidence. I cannot just speculate,`` said Sitta.

Aloyce Kimaro, the CCM legislator for Vunjo, told The Guardian that as peoples` representatives, the MPs were bound to oversee government performance by telling the authorities what the wananchi wanted them to do.

``Whoever committed an offence should be prosecuted and if sufficiently proved that he has a case to answer, then he must be impeached,`` said Kimaro.

However, in a separate interview yesterday, a senior lecturer and dean of University of Dar es Salaam`s Department of Constitutional and Administrative Law, Dr Sengondo Mvungi, said the law actually provided for impeachment of a retired President.

``The Constitution protects the President when he executes official duties at the State House, but the law allows taking to task a president doing private business while violating the laws of the land,`` said Dr Mvungi.

He said the Constitution protected the president when performing legitimate public duties vested unto him by the wananchi, like inspecting guards of honour, but not undertakings which defied the laws of the land.

Dr Mvungi urged President Jakaya Kikwete to decide what was the best thing to do in view of current circumstances.

Already, Prime Minister Mizengo Pinda has told Parliament that the government had begun working on allegations of abuse of office and other excesses levelled against some third-phase government leaders.

Pinda, who was responding to a question, asked MP Hamad Rashid, the leader of opposition in Parliament, said immediate former president Mkapa would be among those to be scrutinized.

Both the retired president and Daniel Yona, who served as Energy and Minerals minister under him, are alleged to have bought the 4bn/- state-owned Kiwira coal power project at 700m/-.

According to Hamad, Mkapa and Yona violated the law on public leadership ethics which restricts government leaders from using public office for private gain.

Pinda told the House that the government was still making a follow-up on the reports so as to know what exactly happened and that any relevant information would be made public after completion of the investigations.

He said the government wanted to know the truth of the matter, and was therefore working hard to establish whether the allegations were criminal or ethical before taking appropriate action.

However, Pinda, a trained lawyer, said that allegations hinging on ethics could hardly be solved by court system and would thus most likely be treated politically, but also added that substantive allegations of a criminal nature would be dealt with by courts of law.

Talking on the same matter, a CCM MP who opted for anonymity, told The Guardian: ``If a school child from my constituency asked me this question, I would teach the child about Article 46 of the country?s Constitution, which dwells on the matter.``

He said Clause One of the Article disallowed institution of criminal legal proceedings against a sitting President, while clause two disallowed any proceeding, including civil and criminal against a sitting President in relation to offenses committed before assuming the presidency.

However, the MP said Clause Three of the same Article provided for prosecution and institution of criminal legal proceedings against retired presidents on actions done apart from official duties they performed as president.

SOURCE: Guardian

 

[Kuhani]

Kazi nzuri Bunge, japo wapo dakika kumi nyuma ya JF. Tushachambua haya mambo kinyume nyume. Katiba inayodhaniwa kumlinda na sheria zilizo vunjwa kama hii habari inavyo sema:

Mkapa`s immunity on spotlight

2008-04-28 09:33:49
By Gadiosa Lamtey

…in a separate interview yesterday, a senior lecturer and dean of University of Dar es Salaam`s Department of Constitutional and Administrative Law, Dr Sengondo Mvungi, said...``The Constitution protects the President when he executes official duties at the State House, but the law allows taking to task a president doing private business while violating the laws of the land,``

He said the Constitution protected the president when performing legitimate public duties vested unto him by the wananchi, like inspecting guards of honour, but not undertakings which defied the laws of the land.

...According to Hamad [Rashid , MP], Mkapa and Yona violated the law on public leadership ethics which restricts government leaders from using public office for private gain.

However, the MP said Clause Three of the same Article [46 of the Consitution] provided for prosecution and institution of criminal legal proceedings against retired presidents on actions done apart from official duties they performed as president.

SOURCE: Guardian

Tulisha yasema haya. Lakini waandishi wa Bongo ni mpaka Mbunge aulize ndio wanaamka.

Mkapa hana kinga kwa mambo aliyoyafanya katika his personal capacity wakati akiwa rais, kinga inahusu tu mambo aliyoyafanya in his professional capacity kama rais, alivyochukua migodi hakuchukua kama rais, aliichukua in his personal capacity kama BWM, kwa hiyo katika hili hana immunity.

Kitila n.k;

…Kinga dhidi ya mashitaka inahusiana mambo aliyayoyafanya kama Rais tu.

Katiba: Ibara ya 46, Sehemu ya tatu

Kinga dhidi ya mashataka ya na madai

...itakuwa ni marufuku kumshtaki au kufungua mahakamani shauri lolote la jinai au la kumdai mtu aliyekuwa anashika madaraka ya Rais baada ya kuacha madaraka hayo kutokana na jambo lolote alilofanya yeye kama Rais wakati alipokuwa bado anashika madaraka ya Rais kwa mujibu wa Katiba hii.

Baada ya kujua kwamba Mkapa halindwi kama wanavyo ndani, Bunge na Taifa litakuja kujiuliza sasa sheria gani imevunjwa. Mbunge Rashid amesema ni Sheria ya Maadili, na wakuu wa JF wameshapita huko!:

Kitila ,

Mwanzoni uliuliza kama kuna sheria zinazoweza kumbana Mkapa katika hili , nimekupatia source lakini baada ya wewe kuquestion validility ya hizo sheria katika hii issue wewe umeamua kuleta siasa. Kitila umeamua kwa makusudi kutumia kifungu hiko kimoja kwa sababu unajua ya kuwa kina loop holes lakini kama ungesoma vizuri ungeona ya kuwa , kipengele hiki kina deal na hizo loop holes.

Apart from improper use of, and benefit from, information obtained in the course of carrying out official duties and which is not generally available to the public, Section 12 (1) of the Public Leadership Code of Ethics Act also states other ways in which a public leader will be considered to have breached the law .

Hili suala halina siasa hata kidogo na sheria zetu za sasa hivi kama zitatumiwa vizuri zinatosha kabisa kummmaliza huyu bwana.Mimi nataka nichambue hivyo vipengele na jinsi gani huyu muungwana alivyhusika na huu wizi


And section 14 (1) requires that ''where a public leader has an interest in a contract that is made, or is supposed to be made by the government, and has not made a sufficient declaration under subsection (4) in relation to the contract, the public leader shall as soon as practicable make a declaration of his interest in relation to the contract, specifying the nature and extent of his interest.''

Jee Mkapa alifanya hivi katika Mkataba wa Kiwira ? Wewe unafikiri ni kwa nini kwa mara ya kwanza Karamagi anatangaza sasa hivi kwamba ana own 35% ya share za TICTS , sio kwamba amependa bali anajua nini kinakuja .

section 13 (1) of the same legislation also states that ''a public leader shall not speak in the Cabinet, National Assembly, in a local government council or a committee thereof, or in or at any other official forum or part of it, on any matter in which he has a direct pecuniary (financial) interest unless he has disclosed the nature of that interest to the Cabinet, the Assembly, the council, committee or such other forum or part of it.''

Jee Mkapa alifanya hivi kabla ya kuzungumza kwenye hivyo vikao . Vipi kuhusu Yona alideclare interest zake kabla ya kuzungumza kwenye vikao mbali mbali vya bunge wakati alipokuwa waziri ?

Section 14 (3) states that ''the interest of the spouse or spouses, or of the children of a public leader in relation to the government contract, shall be deemed to be the interest of the public leader.''

Huu ndio msumari kwenye coffin, hapa Mkapa hawezi kukimbilia kusema ya kuwa ilikuwa kampuni ya mama. Kwani kampuni ya mama according to hii sheria ni ya kwake pia.Mimi nadhani ni muhimu kuangalia hivi vipengele kabla ya kuzilaumu sheria zetu.

Waandishi wa habari, drop out of Nyegezi and UDSM, mje shule hapa maana huko hakuwasaidii. Na kwa sababu JF tuko dakika kumi mbele ya Bunge, na tuko karne 21 mbele ya Media, tutaanzisha muswada wetu wa kutaka waandishi wapate Certificate ya JF kabla ya kuruhusiwa ku practice.

Tanzania hakuna Media! Invisible na ma syst. admin. wenzako you have no idea mchango mnao utoa kwa Taifa. Unaweza kupita hata wa kina Reginald Mengi, Daily News na ITV kwa sababu hamna resources kama zao lakini angalia uzalendo wenu ulivyo pindukia!

 

[IsayaMwita]

It means that hawa waandishi hawajawa tayari kwenda sawa na JF kwani ukipita hapa JF wewe ni mwandishi tosha

 

[Game Theory]

DUH!

noma tupu