Both Tegeta escrow scandal and ‘Operesheni Tokomeza Ujangili’ reportedly involved corruption and abuse of office by top government officials
Dar es Salaam. Former Ministry of Energy and Minerals Permanent Secretary Eliakim Maswi has been cleared over the Tegeta escrow scandal. The probe team formed by the government has cleared Mr Maswi, who was suspended last December.
The state has also cleared four former ministers President Jakaya Kikwete sacked following a Parliamentary Select Committee report which revealed gross human rights abuses by government officials in the course of Operesheni Tokemeza Ujangili, which targeted poachers.
The move should be a relief to Mr Emmanuel Nchimbi (Home Affairs), Mr Hamisi Kagasheki (Natural Resources and Tourism), Mr Shamsi Vuai Nahodha (Defence) and Mr David Mathayo (Livestock and Fisheries Development).
In a statement yesterday, the Directorate of Presidential Communications at State House said Chief Secretary Ombeni Sefue formed a disciplinary committee to look into corruption and abuse of office claims levelled against Mr Maswi.
“The ethics secretariat did its investigations under section 18 (2) of the Public Leadership Code of Ethics Act, which provides for powers to initiate and to conduct any investigation in respect of breach of ethics,’’ the statement reads in part.
The CS also has powers that stipulate that where it is necessary to institute disciplinary proceedings against a public servant, the disciplinary authority will make preliminary investigations before instituting disciplinary proceedings.
Both findings, according to State House, concluded that Mr Maswi was not wrong on the withdrawal of money from the Tegeta escrow account and that he clearly followed proper legal advice from the then Attorney General, Mr Fredrick Werema—who resigned over the scandal.
The Tegeta escrow scandal involved the fraudulent withdrawal of Sh306 billion from the central bank to pay Independent Power Tanzania Limited. The money, part of which a parliamentary investigation found to be public, was then shared among public figures and influential individuals.
“The ethics secretariat found out that there was no breach of the code of ethics and concluded its proceedings against Mr Maswi,’’ the statement noted.
The disciplinary committee Mr Sefue formed worked with seven terms of reference and proved beyond reasonable doubt that Mr Maswi did not commit any offence that would lead to legal proceedings against him. “In his capacity as CS, Mr Sefue has satisfied himself that the suspended PS was not involved whatsoever in the Tegeta escrow scam—therefore, the appointing authority will analyse these reports and see the next course of action on the employment of Mr Maswi,’’ the statement reads.
The Chief Secretary asked Mr Maswi to leave office on 23 December last year and hand over to his deputy, Mr Ngosi Mwihava. The CS said Mr Mwihava would take charge until the outcome of the investigation was known.
The former PS was among the casualties of the Tegeta escrow scandal that led to the resignation of former Attorney General Judge Frederick Werema, Former Energy and Minerals Minister Sospeter Muhongo. Former Lands, Housing and Human Settlements Development Minister Anna Tibaijuka was sacked for receiving Sh1.6 billion from a prominent businessman, Mr James Rugemalira.
According to the Operation Tokomeza Ujangili report released yesterday, there was gross violation of human rights and laws, rules, procedures and terms of reference were blatantly disregarded.
According to a statement from the Directorate of Presidential Communications, a commission of inquiry formed to probe the operation investigated 15 deaths arising from the operation. Nine people died due to torture and officials taking part in the exercise applied excessive force during arrests. The commission suggested legal action against officers who tortured 15 people who were harmed in the operation and recommended that the Prevention and Combating of Corruption Bureau launch investigations against those said to have engaged in corruption.
The statement says there was proof that the ministers sacked did not directly commit any wrong as a result of the operation. They only took political responsibility and there was, therefore, no step to be taken against them.
