John Tendwa, 'I am told that the speaker had apologized before NEC but as far as i can see, he had not done anything wrong'
MOVE TO SILENCE MPS: Now Bunge reacts as Tendwa defends CCM
John Tendwa, 'I am told that the speaker had apologized before NEC but as far as i can see, he had not done anything wrong'
CCM Makamba warns MPs against defying of the party's NEC
By The Citizen Reporters
The National Assembly will not be cowed by any institution since it is operating within its parameters, a Bunge top official said yesterday.
National Assembly Clerk Thomas Kashilillah said that the recent move by Chama Cha Mapinduzi to gag its MPs and censure the Speaker won�t intimidate the country�s supreme lawmaking organ.
In what is seen by many as a bid aiming to put in check its 'vocal' lawmakers, in its recent meeting, the CCM National Executive Committee (NEC) formed a three-man committee, chaired by former President Ali Hassan Mwinyi, to seek what it described as better modalities by which CCM legislators can contribute in Parliament debates.
The CCM move, however, earned the support of the Registrar of Political Parties, Mr John Tendwa, who yesterday said it does not contravene any article of the Constitution as claimed by various commentators, including lawyers.
He said there it was quite in order for the CCM to instil discipline amongst its members, though, he quickly added, any move that would mean interfering with the running of the Bunge would not be tolerated.
Dr Kashilillah, who also agrees that its within CCMs mandate to moderate the conduct of its members, stressed that said the resolutions reached by ruling party�s executive committee would in no way tamper with the running of Parliament.
"There are procedures, regulations and laws governing the running of Bunge affairs and these cant be interfered with by any other organ," he said.
He said the Standing Parliamentary Regulations recognises the existence of various caucuses and other organs within political parties as provided for by their constitutions.
"The Parliament Office recognises the existence of such committees, and the fact that parties have their own constitutions which guide the MPs as representatives of their constituents, as their parties and as national leaders," he said.
According to the Parliament Permanent Standing Orders, Nos. 109 and 110, the parties have the right to form committees and subcommittees provided they don�t violate the country�s Constitution.
He said CCM, and any other party for that matter, enjoys the right to summon its MPs and question them if they do not conform to their party's code of conduct, protocols and regulations.
"A party has its interests but each party must bear in mind that Article 100 of the Constitution safeguards MPs right to freely contribute to debates in the House," said Dr Kashilillah.
Moreover, Dr Kashilillah said, in one of his speeches President Jakaya Kikwete affirmed his commitment to safeguard the freedom of Parliament and Judiciary in observation of their powers as pillars of State.
"I don't think there is any problem and I don�t believe that there is anyone who has been gagged. It is better to understand that political parties have their interests which they have to protect," he said.
Mr Tendwa, for his part, said the CCM move does not in any way curtail the National Assembly Speaker, Mr Samwel Sitta, from applying all the instruments at his disposal to run the lawmaking organ.
"If he is threatened by his own party, he will lose the qualities that a Speaker must have and won't be able to perform his duties as required by the position holds � these party issues should not make him lose sleep," he said.
Mr Tendwa further said that though many people have claimed that CCM has acted against Article 100 of the Constitution, his office has not detected any such wrongdoing, so he sees no need for him to censure it.
"Their discussions were within the confines of their party; that was okay because it was outside the Parliament and every political party has their rules and ways of making sure that party interests are protected, so there was no interference of the independence of the Parliament," said Mr Tendwa.
He said he was in Dodoma when CCM�s NEC met and, judging from the discussions, there wasn�t any wrongdoing.
He, however, said Mr Sitta should continue operating within regulations guiding parliamentary procedures and MPs should also continue to criticise the Government on matters of corruption "but without embarrassing their party." "Mr Sitta should stick to the rules and regulations in running the Parliament.
Should he be threatened by his party, he won�t be able to perform well his duties as Speaker," he said, adding: "I am told that the Speaker had apologised before NEC, but as far as I know, he had not done anything wrong," he said.
For his part, CCM Secretary General Yussuf Makamba cautioned CCM legislators that they risk sanctioning, should they fail to adhere to resolutions reached by the party in Dodoma recently.
He said CCM has the right to question the Speaker, its MPs and any other party member who goes against party protocol, as they are not above party rules.
Speaking in Manzese shortly after addressing a rally, Mr Makamba said CCM has its own way of solving its problems and disciplining errant members and it cannot be questioned by anyone for doing that.
He asked the ruling party MPs to differentiate what is discussed in Parliament and what takes place in party meetings.
THERE is growing consensus among top independent legal experts in the country that stalwarts of the ruling Chama Cha Mapinduzi (CCM) may have broken a number of laws of the land in their latest controversial attempt to exert strict control over parliamentary proceedings by reining in rebel legislators from within the party ranks.
Several legal analysts have told THISDAY in separate interviews that this week’s move by the party’s national executive committee (NEC) to threaten CCM members of parliament with expulsion from the party, ostensibly for ”embarrassing” the government over various allegations of grand corruption, was basically in violation of the national constitution.
”How can CCM try to prevent its MPs from freely expressing their views in parliament? That is insane,” University of Dar es Salaam (UDSM) senior law lecturer Dr Sengondo Mvungi said.
According to Mvungi, a specialist on constitutional law, the attempts by CCM to put its parliamentary representatives on a tight leash also represents a breach of several standing legislations, including the Political Parties Act Number 5 of 1992.
�This law requires all registered political parties in Tanzania - CCM included - to be run on democratic principles. As such, what NEC is trying to do is in defiance of this law,” asserted the former dean of the UDSM faculty of law.
He explained that universally-accepted principles of democracy require political parties to give freedom to all members, including MPs, to openly criticize government policies, decisions and even individual government leaders, without fear of restriction.
Mvungi strongly criticised CCM-NEC for threatening the Speaker of the National Assembly, Samwel Sitta, and other so-called rebel CCM lawmakers with expulsion from the party if they do not tow the party line.
He noted that Sitta appeared to have come under attack from forces of corruption within the ruling party primarily because of his tough stance against grand corruption.
”This Speaker will never put up with scandals of the scale of Richmond, Kiwira and Meremeta...That’s why they want him removed from that post,” said Mvungi, a presidential candidate on an opposition NCCR-Mageuzi ticket back in 2005.
In what can be construed as a rare move by an opposition leader, Mvungi went to the extent of saluting Sitta as ”the best Speaker of the National Assembly in Tanzania’s entire history.”
On his part, respected lawyer and former opposition MP Mabere Marando backed an opinion already expressed by another prominent local legal expert, Tundu Lissu, to the effect that CCM has also breached specific parliamentary legislation in moving to control future Bunge proceedings by gagging its own MPs.
”It is a fact that in this instance, the ruling party has gone against the Parliamentary Immunities, Powers and Privileges Act of 1988 in particular,� Marando said when contacted for comment.
He advised CCM lawmakers who have been vocal in opposing corruption and abuse of public office to resign from the ruling party, rather than accept such a prohibitive and condescending gag order.
Yet another prominent legal expert and university lecturer, Prof. Abdallah Saffari, also described the latest CCM-NEC ploy to control parliamentary proceedings as ”unconstitutional” and a violation of parliamentary powers and privileges, designed to turn the Bunge into a ”mere committee of the ruling party.”
”If this thing is allowed, members of parliament will effectively lose their independence,” Prof. Saffari noted.
The Legal and Human Rights Centre (LHRC) issued a strongly-worded statement yesterday castigating both CCM-NEC and the ruling party’s central committee for attempting such an �unconstitutional� step, and at the same time praising Speaker Sitta for �his firm and independent leadership of parliament.�
”The LHRC also praises other MPs who have courageously spoken out against corruption,” said the statement.
At the just-concluded CCM top level meetings in Dodoma, ruling party MPs were warned in no uncertain terms to lay off the burning subject of corruption allegations levelled against former president Benjamin Mkapa, as well as other pending grand graft scandals, or ultimately have their party membership annulled.
Meanwhile, CCM’s propaganda specialist Richard Tambwe Hiza told a news conference in Dar es Salaam yesterday that Sitta was not targeted at the Dodoma meetings of the ruling party big guns.
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