ACT-Wazalendo to challenge appointment of new national assembly clerk in the court
What you need to know:
- Party insists that President Magufuli did not follow the law in replacing Dr Kashillilah
- Parliament Commissioner say they had not met to propose names for appointment
Dar es Salaam. The Alliance for Change and Transparency (ACT-Wazalendo) has expressed its intention to challenge in the court the appointment of Clerk of National Assembly, Mr Stephen Kagaigai.
Mr Kagaigai’s appointment was announced on Saturday, October 7 by President John Magufuli shortly after released a new list of the members of Cabinet in a major reshuffle.
The appointment is said to have contravened the National Assembly Administration Act, 2008, with the ACT- Wazalendo Secretary for Ideology and Publicity Mr Addo Shaibu saying Dr Magufuli’s decision has violated procedures and the country’s laws.
According to statement released on Sunday October 8, the party asks President Magufuli to revoke the appointment otherwise they would take the matter to the court to get the clarification on legal requirements.
The party, has also asked the Attorney General Mr George Masaju to resign for the allegedly failure to appropriately advice the Head of State on legal requirements of the appointment.
“Once again, we are saddened by the President’s move to put aside the requirements as stipulated in the law and take his own way. The post is so sensitive especially on ensuring checks and balance in line with promotion and protection of the freedom of the Parliament,” he said Mr Shaibu.
“The law categorically puts it clear that the process should have a bless from the Parliamentary Service Commission which is mandated to recommend three names for appointment to the position of Clerk of National Assembly,” he added.
According to him, the president’s powers to appoint the Clerk of the National Assembly is provided in the Article 87 of the Constitution, however the procedures for the execution are given in the article 7 (3) of the National Assembly Administration Act, 2015.
The Article 7 (3) the National Assembly Administration Act, 2015 reads; “Subject to Article 87 of the Constitution, the Commission shall recommend three names of persons who are suitable for appointment to be the Clerk”.
The Parliamentary Service Commission is made up by eleven members under the chairmanship of Speaker Job Ndugai.
Other members are the deputy speaker, Dr Tulia Akson, Ms Jenista Mhagama, Mr Freeman Mbowe, George Masaju, Ms Magdalena Sakaya, Rev Peter Msigwa, Mr Salim Turky, Mary Chatanda, Kangi Lugola and Mr Hassan Zungu.
Efforts to get Speaker of the Parliament Mr Ndugai and his deputy Dr Tulia to comment on the new appointment went unsuccessful as their phones weren’t reachable.
But Speaking to The Citizen one of the members of commission, Iringa urban MP Rev Msigwa said they were not consulted on the appointment neither did they forward any names for consideration.
According to him, no Commission meeting was called for the purpose of approve three names to be submitted to the President for appointment, adding that the appointment came as a surprise to them.
“This is a continuation of interference of powers of the legislature,” he said in a telephone interview.
