Top TPDC officials released after arrest order is queried
Tanzania Petroleum Development Corporation board chairman Michael Mwanda and acting managing director James Andilile board a police vehicle after they were arrested on the orders of Parliament’s Public Accounts Committee. PHOTO | ANTHONY SIAME
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In a statement released yesterday evening, the police said a legal clarification was required from the Attorney General’s office before making any further move towards the prosecution of the two.
Dar es Salaam. Police yesterday freed two top officials of the Tanzania Petroleum Development Corporation (TPDC), shortly after arresting the duo for the government agency’s failure to submit 26 production sharing agreements (PSAs) to the Parliamentary Public Account Committee (PAC).
In a statement released yesterday evening, the police said a legal clarification was required from the Attorney General’s office before making any further move towards the prosecution of the two.
The arrested officials were TPDC Board chairman Michael Mwanda and the acting director general James Andilile. They were released after questioning. Dar es Salaam Special Police Zone Commander Suleiman Kova said the police released them pending some clarification from Parliament.
Mr Kova said they couldn’t act further since no one is presently suing the TPDC officials. He further said they had also consulted the Parliament offices in Dar es Salaam and lawyers representing the two. “It was agreed that as per Section 12 (3), PAC chairman was supposed to report the issue to the Speaker of the National Assembly first,” said Mr Kova.
He said Parliament will act after receiving a word from the PAC. He said the PAC arrest order was not legal. The two officials were arrested within the precincts of Parliament offices in Dar es Salaam after questioning by the PAC and then driven in a police van to the central police station. PAC chair Zitto Kabwe said the TPDC management had been given up to 10am yesterday to submit the PSAs to the committee after missing previous deadlines. PAC has demanded the contracts since 2012.
Mr Kabwe said his committee was left without any other option after TPDC failed to submit the documents by the expiry of yesterday’s deadline.
He elaborated that his committee used the Parliamentary Immunity, Powers and Privilege Act of 2002 Cap 296 to have the two officials arrested.
National Assembly legal officer Ms Nenelwa Mwihambi said Section 10 and 13 of the Act gives power to PAC to demand any person or institution to submit any document before the committee or Parliament.
She explained those in contravention were for a fine not exceeding Sh500,000 or imprisonment for a period not exceeding three years or both. Mr Kabwe said the committee reached the decision after being not satisfied by the TPDC defence.
“This is the first time the Parliament has made such a decision because we are pursuing public interest; we needed to see the contracts so as to see whether there are weaknesses in the terms so that we can advise the government on how to improve them,” said Mr Kabwe.
