Law protects Chenge from assets disclosure: Media, opposition leaders effectively stonewalled at Ethics Secretariat
THISDAY REPORTER
Dar es Salaam
A CONTROVERSIAL law passed over a decade ago when Andrew Chenge was the country�s Attorney General is now effectively shielding his assets declaration records at the Public Leaders Ethics Secretariat from public scrutiny.
Local media and opposition leaders pursuing the assets disclosure forms of the former infrastructure development minister have suffered a major setback, thanks to the Public Leadership Code of Ethics Act of 1995 and its regulations.
A key confidentiality clause was inserted in the Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities) Regulations of 1996, when Chenge was serving as the governments chief legal advisor. This clause gives anyone the basic right to inspect assets declaration records of public leaders - but then restricts them from releasing to the public any information so obtained.
The regulations describe the disclosure to the public of any particulars on the assets declaration forms as an illegal misuse of the information.
This much-criticized limitation, otherwise known as a clawback clause, therefore makes it illegal for the public release of information on Chenges assets disclosure records by the media or political opposition leaders.
According to Section 7 (2) (c) of the regulations, information obtained from the register at the Public Leaders Ethics Secretariat shall be considered misused if it is used wholly or partly for publication or broadcast to the media, or is communicated to the general public.
This means that even if members of the media get to peruse the former ministers assets declaration records, existing regulations make it illegal for them to publish any omissions and commissions in their newspapers.
And opposition leaders are also not allowed to use any information gained from the records when addressing public rallies and other forums.
Any person who commits an offence against these regulations is liable on conviction to a fine of shillings ten thousand, or to imprisonment for a term not exceeding two years, or to both, say the controversial regulations.
Opposition leaders Prof. Ibrahim Lipumba (CUF) and Augustine Lyatonga Mrema (TLP), along with dozens of their supporters, yesterday visited the headquarters of the Public Leaders Ethics Secretariat in Dar es Salaam and demanded access to the assets disclosure forms of Chenge and other public leaders both past and present.
Assets disclosure records of other individuals targeted by the opposition leaders include President Jakaya Kikwete, former president Benjamin Mkapa, former prime minister Edward Lowassa, ex-Bank of Tanzania governor Daudi Ballali, and Igunga Member of Parliament Rostam Aziz.
The assets declaration forms of former cabinet ministers Nazir Karamagi and Basil Mramba, and Permanent Secretaries Gray Mgonja (Treasury) and Patrick Rutabanzibwa (Water, formerly Energy and Minerals), have also attracted opposition interest.
However, the CUF and TLP leaders and their supporters were told to follow a bureaucratic process stipulated in the regulations for people wanting to access such records at the secretariat.
This includes submitting a written request to the ethics commissioner and specifying reasons for wanting to see the assets disclosure forms.
The regulations require any person wishing to inspect the records to first file an official complaint against a public leader.
Where the (Ethics) Commissioner, on assessment of the complaint lodged, is not satisfied with the genuineness or is otherwise dissatisfied with the intention of the complainant, he may refuse to grant permission for inspection or may require the complainant to furnish to him more information relating to the complaint, stipulates part of the regulations.
After officially lodging their complaints against Chenge and other public leaders yesterday, opposition leaders will now have to wait for the Commissioner of the Ethics Secretariat, Judge Stephen Ihema, to decide whether or not they may inspect the register.
But even if they manage to pass through all the red tape and bureaucracy, and are eventually given access to the records, the opposition leaders will legally not be allowed to announce anything they find in the forms.
Chenge was forced to resign from his cabinet position on Sunday over corruption allegations linked to the 28 million pounds sterling (approx. 70bn/-) military radar deal.
He had initially refused to quit, saying he would fight the allegations that he received a hefty kickback from Britain�s arms manufacturer BAE Systems to approve the radar deal sometime between 1999 and 2002, when he was still AG in ex-president Benjamin Mkapa�s administration.
The ongoing investigation into suspected improprieties related to the deal has led to the discovery of at least $1m (approx 1.2bn/-) in offshore bank accounts owned by Chenge in Jersey, UK.