The Anti-Money Laundering ACT 2006 was enacted and is inforce. The Tanzania Financial Intelligence Unit (FIU) has also been established and the President has also appointed one BOT Fisadi by the name of
Herman Mark Kessy as its first Commisioner. As I write this, the FIU is busy recruiting albeit not in a so open and competitive manner(apparently, personnel for the unit are appointed and they will only come from the public sector) this in my view is a recipe for failure.
Every so often the Tanzanian government comes up with some profound plans to tackle this or that, they enact laws and establish agencies but then implementation is usually carried out so horribly that everything fails in the end. This FIU is a classic example! Why appoint people? I belive the FIU will be better served if they advertised job positions competitvely, that way they stand a chance of getting the best and brightest.
Second, based on what I gathered from the ACT establishing the FIU, the FIU will be pretty much a toothless organization.They are only empowered to "recieve" "analyze" and "desseminate" information. This in my view will make the FIU a very passive agency.If we are serious about fighting economic and financial crimes,we need to take a "
foward-leaning approach " The ACT should have given the FIU a more
proactive role. How about amending the legislation so that it empowers the FIU to not only receive information, but also look for information, go after information, collect information,
"Gather" information? How about amending the legislation so that it empowers the FIU to prosecute/institute criminal proceedings against offenders? The way things are right now is, if after analysis of recieved information, the FIU deems the information collected importatnt, the FIU can then disseminate the "recived" infomation to relevant law enforcment agenices so that the enforcemnt agencies can act upon it if they so wish/at their discretion. This is total BS!!. It seems like a deliberate loophole!This I say because, it gives the enforcement agencies the luxury of choosing not to prosecute eg. for political reasons.
Mr "Bubu ataka Kusema" the issue is that, the FIU does not have powers to prosecute offences listed under the Anti money laundering ACT 2006.If the FIU or any other law enforcement agency for that matter, such as the PCCB have evidence of Chenge's wrong doing, the only way Chenge anaweza kushitakiwa ni if the Directore of Public Prosecutions (DPP) does it himself or gives his "
permission" either to the PCCB or some state attorney to do so.
Personally, I can speculate on a number of offences Chenge might have committed under the Anti-Money laundering Act. I am doing my reserch and will post it here shortly. The main issue though is, Je who is ready and willing to prosecute? I have reasons to seriously doubt if the DPP's office will allow any proceedings against Chenge.DPP could simply call "Nolle Prosequi" on the whole thing, and kill it instantly!