CAG states stand after Ndugai remarks

Dar es Salaam. The Controller and Auditor General (CAG) Prof Mussa Assad has finally come forward and expressed his willingness to appear before a parliamentary committee, but remained defiant to concede any wrongdoing stating that his contentious “weakness” remark on Parliament oversight role was a common terminology in auditing language.

“My response (during the recent radio interview) which ignited a debate had no intention whatsoever to belittle the status of Parliament. Terminologies like ‘weaknesses’ and ‘deficiencies’ are very normal among auditors when they express their opinions on the performance of various governmental institutions. It is very easy for people to take these words out of context,” said the CAG yesterday during a media briefing at his office.

Prof Assad’s confirmation to appear on January 21, 2019, before the Parliamentary Privileges, Ethics and Powers Committee following allegations of disrespecting the legislative body, came on the same day when the Speaker of National Assembly Mr Job Ndugai questioned the acclaimed power of the CAG noting that according to procedures guiding parliaments of the Commonwealth, the CAG is an officer of Parliament. The Speaker did not however say whether that was in agreement with provisions of the (Tanzania ) Union Constitution, which gives the office of the CAG a degree of independence under Article 143, an autonomy that is also guaranteed under the National Audit Act, 2008.

As for the international practices, in his paper on ‘Parliamentary Oversight of CAG’ published in Academia, a researcher from the Indian Institute of Public Administration Govind Bhattacharjee writes that practices differ from country to country. “In some countries, the Auditor-General is an officer of Parliament which guarantees his independence from the executive, like UK or Australia, while in others, like India, he is independent of both the executive and the legislature.”

Dr Bhattacharjee notes that even where the CAG functions as an officer of Parliament, “the established conventions, strict media and public scrutiny, and ethical practices zealously protect the CAG’s independence.” In his meeting with reporters, Prof Assad said that his office still enjoys a close relationship with Parliament which he said was crucial and which needs nurturing if both organs were to implement successfully their constitutional mandates. “On January 15, 2019, I received a summons that required me to appear before a parliamentary committee on January 21, 2019. On the basis of maintaining the good working relationship the office of the CAG has with parliament I’m willing to do so.”

Prof Assad said that he thought it wise, following the latest development between his office and Parliament, to make it clear that his organ would not be able to work efficiently if its reports were not to be timely and appropriately worked on by Parliament. He was making a reference to the latest statement by Mr Ndugai that the legislature would not work with the CAG until the latter appears before the parliamentary committee over the alleged disrespectful remarks against the National Assembly.

“The office of the CAG and Parliament are supposed to work very closely and I think up until this moment I have a very good relationship with it,” pointed out Prof Assad insisting that “not just between me and the Speaker but with the entire Parliament.”

Meanwhile, Mr Ndugai seems to stick to his guns against the CAG as he accuses him of a plan to create what the Speaker called a “Fourth Estate.”

Speaking at Dar es Salaam Bunge offices yesterday shortly after officiating at the Commonwealth Parliamentary Association (CPA)-Africa meeting, Mr Ndugai allayed fears of conspiracy saying that nobody had bad intention against anyone.

“The public, including members of the media, will be the first to raise their voice if Parliament makes a decision on the matter without giving the CAG opportunity to respond,” he said.