Queries as Speaker now summons CAG

Dodoma/Dar. National Assembly Speaker Job Ndugai raised legal queries yesterday after ordering that the Controller and Auditor General (CAG), Prof Mussa Assad, appear before a parliamentary committee of his own volition – or be brought before it in handcuffs.

Mr Ndugai ordered Prof Assad to appear before the Parliamentary Privileges, Ethics and Powers Committee on January 21 to respond to allegations that he showed disrespect for the national legislative body following his recent remark that Parliament was weak in its oversight role.

But legal experts contend that the questioning by the committee cannot yield anything meaningful, arguing that while Parliament has powers to summon anybody before it for questioning, it has no powers to hire and/or fire a CAG.

“Parliament cannot do anything to the CAG. It can only summon him for questioning, but it does not have any power over the CAG,” said Tanganyika Law Society president Fatma Karume.

A lawyer with the Legal and Human Rights Centre (LHRC), Mr Tito Magoti, shared similar sentiments, saying the Speaker’s decision is more political than judicial.

“I think the only way that [the Parliament] can hold the CAG to account is if he abuses his office, not when he airs his personal views,” Mr Magoti said.

The Office of the CAG has a degree of independence under Article 143 of the Union Constitution, an autonomy that is also guaranteed under the National Audit Act, 2008.

Article 144 of the Union Constitution says the CAG may be removed from office only for inability to perform the functions of the office due to illness or any other reason.

He may also be removed from office due to culpable misbehavior, or for violating the provisions of the law on ethics of public leaders.

Should the CAG “misbehave,” the President may form a Special Tribunal consisting of a chairman and members who have been Judges of the High Court or of the Court of Appeal in any country within the (British) Commonwealth.

The Tribunal will submit a report to the President for a final decision on the CAG’s fate.

The bone of contention between the Speaker and the CAG started several days ago when Prof Assad said in an interview with the UN ki-Swahili Service that his institution prepares audit reports which are supposed to be worked on by Parliament.

“If we are producing reports – and no action is taken – to me, that’s a weakness of the Parliament... I believe it is a challenge that should be worked on… Parliament is failing to exercise its responsibilities effectively,” Prof Assad reportedly said.

In response, Mr Ndugai said that Prof Assad – who formerly taught Accounting at the University of Dar es Salaam as Associate Professor – should appear before the Parliamentary Privileges, Ethics and Powers Committee on January 21 – adding somewhat ominously that if he fails to so appear, then he will be brought before the committee in handcuffs.

“If at issue is fabrication, then the CAG and his office are also fabricators. You can’t speak badly of your country when you are in a foreign country,” a clearly angry Ndugai said.

Freely admitting that he was personally irritated by Prof Assad’s utterance, the Speaker said “I never expected an educated person of Prof Assad’s calibre to utter such words. He has embarrassed a Parliament which has more educated members than it has ever happened at any other time since the country’s independence” in 1961, the Speaker said.

Apart from Prof Assad, Mr Ndugai also wants the Kawe MP (Chadema) Halima Mdee to appear before the Parliamentary Privileges, Ethics and Powers Committee to answer charges of uttering words that are deemed to be disrespectful to Parliament.