Dar es Salaam. The High Court has dismissed objections by the government to block hearing of application seeking a declaration that the appointment of the current Controller Auditor General (CAG) was unconstitutional.
The application was filed by Kigoma Urban MP Zitto Kabwe who argued that the appointment of the CAG Charles Kichere breached provisions of the constitution.
Mr Kabwe filed the case in January this year praying for the court to declare that provision of Article 6(1) of the Public Audit Act No 11 of 2008 is unconstitutional as it breaches the provisions of Article 144(1) of the country’s constitution.
Mr Kabwe also prays that the article was incompatible with section 6(2(a)) of the Public Audit Act No 11 of 2008 that extends CAG tenure of office from 60 to 65 years in line with Article 144 (1) of the Constitution.
He demands that the removal of former CAG Prof Musa Assad as CAG citing expiry of his tenure was unconstitutional as he had not reached the mandatory retirement age of 65 years as stipulated by the Constitution and section of the law.
The ruling was delivered yester-day by the Principal Judge Lameck Mlacha after going through written submissions filed by two sides.
In its objections, the government claimed that the application filed by Mr Kabwe had a lot of defectives and lacked good intentions as they contradicted the laws.
Mr Kabwe is represented by advocates Dr Rugemeleza Nshala, who doubles as President of Tanganyika Law Society (TLS) and Mr Kicheere.
Apart from having the defections, the government claimed that they were brought against the President of the United Republic of Tanzania, which is not right and the affidavit presented to support the application also was defective.
The government also alleged that the method used to present the request was not right.
Delivering his ruling, Judge Mlacha said the applicants and defendant presented their written submissions within the set time.
“After going through all submissions, I’m satisfied that all objections raised by the government have no grounds, so I dismiss them,” said Judge Mlacha.
After the ruling, the court has set the first date for hearing on April 14 this year, under a team of three judges including Judge Mlacha, Judge Benhaji Masoud and Judge Juliana Masabo.Mr Kabwe filed an application against President of Tanzania, the Attorney General (AG), Mr Kichere and former CAG Prof Musa Assad.
He is also objecting the decision to remove Prof Assad from his post; arguing that he was removed before the expiration of his tenure in public service in accordance with the constitution.