TANZANIA PRESIDENT APPOINTS NEW CONTROLLER AND AUDITOR GENERAL AMID CONTROVERSY

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 6^th 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”.