MPs furious over Escrow Account

The National Assembly became especially charged yesterday, with lawmaker after lawmaker demanding that findings
and recommendations by two public watchdog agencies on the Tegeta Escrow Account scandal allegations be immediately tabled in the House.

The eagerly awaited findings and recommendations are by the Office of the Controller and Auditor General (CAG), which the Parliamentary Public Accounts Committee (PAC) has already scrutinised, and by the Prevention and Combating of Corruption Bureau.

Legislators from both the ruling CCM and opposition parties who commented on the issue during debate in the House were unanimous in demanding that they engage in thorough discussions on the CAG’s report.

The bulky report relates to allegations that there was a conspiracy within government circles to ensure that findings by the two watchdog agencies were not subjected to debate in the House, apparently owing to their “sensitive” or “delicate” nature.

There were also suggestions, which most MPs did not buy, that debating the findings would be prejudicial or even illegal.

The MPs argued that the Judiciary had no powers to prevent the National Assembly from discussing the CAG’s report and that the Judiciary can only interpret the law but not to interfere with the official powers and mandate of the august House.

Chadema legislator Tundu Lissu, a legal expert whose party is a member of the Coalition for People’s Constitution (Ukawa), said the Parliamentary Standing Orders currently in use do not provide for the Speaker of the National Assembly to receive any directives from any other arm of the State – that is, the Executive or the Judiciary.

He said that under the Article (61) (e) of the House regulations, when such matters arise, the House is required to resolve or discuss the same with the respective organ or official, even if that means the Chief Justice.

'It remains clear that there are no regulations or procedures either in the standing orders or in country’s Constitution that prescribe that there shall be a window for the Judiciary to impose directives upon the Legislature,' said Lissu, while praising Deputy Speaker Job Ndugai, who was presiding over proceedings in the House, for seeking advice from MPs on how best to handle the matter under dispute.

James Lembeli (Kahama, CCM) demanded that the House handle contradictions relating to the Tegeta Escrow Account “with great care so that all culprits are taken to task”.

'The scandal has put the nation in a dilemma,” he said, adding: “Just like the way the controversial anti-poaching operation that saw cabinet ministers and other government officials fired, the Escrow account has to be given similar weight.'

David Kafulila (Kigoma-South, NCCR-Mageuzi) meanwhile said the House was the supreme decision-making body in the country and that, as matters stood, the Escrow Account scandal was too weighty for the Legislature, the Executive and Judiciary to handle effectively separately.

“The CAG’s findings and recommendations form an investigative report which demands that all parties make bold decisions. We therefore want the PAC’s report tabled and debated in the National Assembly so that MPs can make informed decisions.”

Fiery Kafulila, who has endlessly demanded serious action on the scandal allegations, said the matter was recommended by House Speaker Anne Makinda in May this year “when she tasked anti-corruption watchdog PCCB and the CAG’s Office to investigate the matter”.

In her contribution, Ester Bulaya (Special Seats, CCM) said there was now way the report can “escape” being tabled and debated in the National Assembly 'given that there has been protracted debate on the matter in many quarters'.

She maintained that the Judiciary had failed to bar the Constituent Assembly from proceeding with its business despite court injunctions “so it could now allow the National Assembly to discuss the (PCCB and CAG Office’s) findings and come up with informed conclusions”.
'We’re debating the CAG report and not cases running in the High Court,' she added.

'This is the moment of truth and decision-making,' noted Peter Msigwa (Iringa Urban), another fiery opposition legislator.

Michael Lekule Laizer (Longido, CCM) argued that the nation had had enough discourses on the Tegeta Escrow Account scandal allegations and it was high time that all suspects were named publicly and shamed. He implored the House to treat the matter as an emergency by tabling the PAC report without any more delay.

Prime Minister Mizengo Pinda chipped in by advising that the House handle the matter 'with great wisdom', adding: 'I would love to see the matter concluded … But you have to use extra wisdom in deciding on this matter.'

PAC chairman Zitto Zuberi Kabwe had earlier briefed the House on progress made by a task force assigned by his committee to scrutinise the CAG’s report, saying the work was ready for tabling in the House “anytime”.

'Our findings had heavily depended on the CAG’s Office, Tanzania Revenue Authority and the Prevention and Combating of Corruption Bureau. We have already met officials of both and are winding up our report,' he said.

Kabwe argued that the only way to conclude debate on the matter to public satisfaction the debate was by tabling the findings in question in the House and let MPs to discuss it as comprehensively as possible.

He made the remarks after Prime Minister Pinda remained silent on the matter during the Premier’s Question and Answer session yesterday morning.
Pinda was asked by opposition MP Moses Machali (Kasulu Urban) for comment on reports that the Judiciary had written the House Speaker seeking to kill the debate on claims that the matter was still in court the Premier who could not confirm or refute the claims.

“If I could respond as a lawyer and not as Attorney General, there are about ten outstanding cases on the Escrow scandals in the high court,” said the PM, adding: “Legally, it is not comfortable to discuss issues that are before a court of law … However, the Speaker’s Office can get a legal clarification over the Escrow Account issue before debating the matter.”

Closing the debate, Deputy Speaker Job Ndugai said: 'It is my (House Speaker’s) responsibility to guard by any means the image and position of the National Assembly just as the Chief Justice is obliged to guard the interests of the Judiciary.'