Charles Kichere |
By Our
Staff Reporter, Dar es Salaam TANZANIA
Tanzania's
President, John Magufuli, has appointed former Tanzania Revenue Authority
Director General, Charles Kichere, on Sunday November 3, 2019 as new Controller
and Auditor General (CAG).
Kichere
replaces Professor Mussa Assad whose five-year tenure expires on Monday, Chief
Secretary John Kijazi, said while announcing several appointments done by the
president.
Kichere’s
appointment that has been greeted with mixed reactions takes effect from
November 4, 2019,” said Kijazi in a live broadcast event.
Before
the appointment Kichere was serving as Njombe Regional Administrative Secretary
following his removal from the Revenue Authority post.
The
former Revenue Authority Boss was demoted after the President’s meeting with a
cross section of traders drawn from various parts of the country.
Kichere,
who was at the meeting found himself in a tight spot as the traders vented
their frustration over TRA’s performance.The traders laid their case at the
no-holds-barred forum which was held to discuss the business environment.
The
traders spent more than 10 hours at the State House, pouring their hearts out
over the difficulties they were facing doing business in Tanzania.
An unfair
taxation regime, harassment by security and regulatory agencies, bureaucracy,
corruption dominated cries from the traders, some of whom blamed him for
complicating the business climate in Tanzania.
Earlier
this year, the Speaker of national assembly, Job Ndugai, enter into conflict
with the outgoing CAG, Professor Assad after the he accused the parliament of
incapability to account the government.
Ndugai accused the Controller and Auditor General of 'continued contempt
of parliament,' advising him to think of resigning.
The vividly infuriated Speaker charged that the house was not ready to
remain tonguetied as the CAG continues humiliating the organ.
The mix-ups resulted from the parliament's decision against working with
Prof Assad while the CAG's report was tabled and discussed in the house.
"The parliament decided against working with Prof Musa Assad who
has displayed professional arrogance, using demeaning words against everyone,
including the people's representatives... we have no problem with the CAG as an
office," he said.
The cold war between CAG and Speaker started in January this year when
Prof Assad was quoted by one of the foreign radio describing the parliament as
'too week' to hold the government accountable in various expenditures of public
funds.
The statement aggrieved the parliament, prompting Speaker Ndugai to
summon the CAG to the Parliamentary Privileges, Ethics and Powers Committee to
justify his statement.
Former President Jakaya Kikwete appointed Prof Assad as CAG
effective November 5, 2015 to fill the vacant position left by Ludovick Utouh
who retired in September, 2014.
But much as it remains true that Prof Assad’s first-year term
expires on November 04, 2019, some politicians contend that since he has not
yet reached the age of 65, he deserved more term.
Professor Musa Assad |
“Kinyume na Katiba, kinyume na Sheria (It is
against the Constitution and against the Law),” twitted the ACT Wazalendo Party
leader, Zitto Kabwe.
Adding that “President
Magufuli has removed Tanzanian Auditor General contrary to the constitution
S.144(1) as further elaborated by Audit Act of 2008. This blatant disregard of
the constitution is a move to avoid scrutiny of public finances mismanagement
through large procurement contracts.”
According to Section 6 of the Public Audit Act, 2008, the CAG
shall hold office for the fixed term of five years and shall be eligible for
renewal for one term only.
It states that unless removed in office through a legal procedure
that’s outlined on Article 144 (3) of the Constitution of the United Republic
of Tanzania, the CAG shall only vacate office upon attaining the age of sixty
five (65) years.
He may also vacate office when he resigns; by giving a six months’
notice; on account of medical grounds or any other grounds which the President
considers sufficient.
Assad, who worked as Associate Professor in the Department of
Accounting at the University of Dar es Salaam’s Business School before his
appointment as CAG, was born on 6th October
1961. This suggests that until November 3, 2019, Prof Assad was 58 years and 28
days old.
Article 144 of the Constitution of the United Republic of Tanzania
states that the CAG shall be obliged to vacate office upon attaining the age of
sixty or any other age which shall be prescribed by a law enacted by
Parliament.
In this case, the law, enacted by the Parliament obliges the CAG
to vacate office upon attaining the age of 65.
Article 144 (2) of the Constitution however says the CAG may be
removed from office only for inability to perform the functions of his office
(either due to illness or to any other reason) or for misbehaviour or for
violating the provisions of the law concerning the ethics of public leaders.
Should the need to remove
him from office arise, then the President shall have to appoint a Special
Tribunal to probe the reasons behind which the CAG is to be removed from
office.
The Special Tribunal shall
comprise of a Chairman and not less than two people. The members are to be
person who are or have been Judges of the High Court or of the Court of Appeal
in any country within the Commonwealth.
Article 144 (4) of the
Constitution reads: “If the Special Tribunal appointed in accordance with the
provisions of sub-article (3) advises the President that the Controller and
Auditor-General be removed from office on grounds of inability to perform
functions of his office due to illness or any other reason or on grounds of
misbehaviour, then the President shall remove him from office”.
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