Former CAG appointment stirs debate

Mr Ludovick Utouh,

What you need to know:

Immediately after the appointment, some stakeholders faulted President John Magufuli’s decision, saying Article 144 (6) of the country’s constitution was overlooked, an argument that was refuted by lawyers.

Dar es Salaam. The appointment of former Controller and Auditor General (CAG), Mr Ludovick Utouh, as the new Tanzania Extractive Industries Transparency Initiative (TEITI) committee chairman has stirred a hot debate.

Immediately after the appointment, some stakeholders faulted President John Magufuli’s decision, saying Article 144 (6) of the country’s constitution was overlooked, an argument that was refuted by lawyers.

The former CAG was appointed into the new role in an announcement that was made on Wednesday by the director of Presidential Communications, Mr Gerson Msigwa.

In his press statement, Mr Msigwa said Mr Utouh would take up his new role with effect from June 20.

Nonetheless, some critics accused the President of not adhering to the Constitution.

They argued that Article 144 (6) of the Constitution prohibited someone, who holds or held the CAG office from becoming a public servant.

Following the debate on social media platforms, the director of Tanzania Information Services, Dr Hassan Abbas, quickly responded that TEITI was not a public entity, adding that its constitution allows the President to appoint its chairman.

According to Dr Abbas, the TEITI constitution requires a nomination committee to nominate three names and forward them to the President from whom he chooses one to become the chairman.

“This appointment has observed the constitution properly. Section 3 of the Public Service Act, 2002 and the TEITI Act, 2015 allows the President to appoint the chairman,” he wrote on his twitter account.

Dr Abbas was echoed by advocate Albert Msando, who said there was nothing wrong with the appointment based on the Public Service Act, 2002.

“Let’s wish him (Mr Utouh) all the best as he embarks on his new roles. We need people with the ability, integrity and readiness to protect the nation’s resources, which have been benefiting a few people for many years,” he said.

The Public Services Act 2002 defines a public servant as any person working in public offices, further described as legally announced office or the one executing the government policies.

Mr Utouh yesterday declined to comment on the issue when reached by The Citizen’s sister paper Mwananchi.