-If the Bureau fails to investigate, it will lose its legitimacy, credibility and most importantly public confidence?’
THISDAY REPORTER
Dar es Salaam.
THE head of the government’s anti-corruption watchdog, Edward Hosea, has come under sharp criticism for apparently refusing to investigate allegations of wrongdoing against former president Benjamin Mkapa and senior minister Daniel Yona over the controversial privatisation of the Kiwira Coal Mine in Mbeya Region.
Lawyers and human rights activists have blasted the Prevention and Combating of Corruption Bureau (PCCB) for failing to launch an official probe into allegations of dubious wheeling and dealing by the former president and minister, ostensibly because of their big-name status and previous powerful positions in government.
’’By declaring that they shall not investigate the former president come what may, the PCCB has demonstrated a sheer lack of seriousness and commitment to fight grand corruption in Tanzania,’’ said prominent local lawyer Tundu Lissu in a weekend interview with THISDAY.
Lissu described the controversial stand taken by the PCCB boss, to wit that investigating the former leader would be in defiance of public statements made by incumbent President Jakaya Kikwete, as being a misguided approach.
’’President Kikwete did say that former presidents should be left in peace, but he also stressed that his government would not hesitate to investigate any serious allegations of wrongdoing,’’ noted Lissu.
He further pointed out that since Mr Kikwete’s remarks made about two months ago, there have been new revelations that ’’Mr Mkapa and his cabinet ministers may have actually been involved in much bigger things.’’
Said Lissu: ’’There is evidence that Mkapa may have abused public office for his own personal, financial gain. These are very serious allegations that cannot just be swept under the carpet, under the pretext that President Kikwete has ordered PCCB not to investigate his predecessor.’’
He added: ’’If PCCB is serious about fighting corruption at all levels of government, it could and should investigate Mkapa. And if proven guilty, then all his ill-gotten wealth should be recovered by the government.’’
Lissu said if PCCB failed to investigate clear allegations of corruption, ’’it will lose its legitimacy, credibility and most importantly public confidence.’’
Another seasoned lawyer and politician, Mabere Marando, commented in a separate interview that the country’s laws placed the PCCB boss in an awkward position because in the final analysis, he is answerable to the president.
’’Technically Hosea was right when he said he couldn’t go against the president’s directives. This problem highlights the need to remove the PCCB from the control of State House and make it answerable to either parliament or the judiciary, to make it more independent,’’ said Marando.
Under existing law, the PCCB director general is appointed by the president, to whom he or she is directly answerable.
Himself being a former high-ranking civil servant who is familiar with the workings of the government, Marando said he personally believed incumbent President Kikwete and the PCCB boss had ’’very good knowledge’’ about the allegations against Mr Mkapa.
Himself being a former high-ranking civil servant who is familiar with the workings of the government, Marando said he personally believed incumbent President Kikwete and the PCCB boss had ’’very good knowledge’’ about the allegations against Mr Mkapa.
The outgoing US Ambassador to Tanzania, Michael Retzer, recently urged the government to ensure more independence for the PCCB by making it free of control or possible interference by the president of the day.
Retzer also called on the PCCB to ’’intensify its efforts to investigate, prosecute and jail any person regardless of name, title or position’’, adding that ’’we firmly believe that people are innocent until proven guilty, but anyone suspected of corrupt activities should be investigated.’’
’’Allegations of inappropriate behaviour should not be dismissed due to one’s current or previous position,’’ the US envoy said in remarks addressed to PCCB director general Hosea.
Retzer said that while the new Prevention and Combating of Corruption Act of 2007 was a step towards the right direction for Tanzania, it could have gone a little further and given the PCCB ’’complete independence from all government oversight, including that of the president.’’
’’Although there are now more crimes that can be prosecuted, we will only begin to see this agency (PCCB) at its best when it feels that it answers to no one other than the legal system and the Tanzanian people,’’ he said.
At a State House news conference last June, President Kikwete was asked to clarify if his government planned to investigate his predecessor following media reports at the time that Mr Mkapa and former first lady Anna Mkapa formed a private company - ANBEM Limited ? in 1999 while still in office, and conducted private business dealings from within the Ikulu walls until retirement in 2005.
And in the past few weeks, new evidence has surfaced suggesting that Mr Mkapa and ex-minister Yona may have broken several laws, including the Public Leadership Code of Ethics Act of 1995 and Prevention and Combating of Corruption Act of 2007, in their conduct over the Kiwira Coal Mine privatisation saga.
According to the ethics legislation, a public leader shall be considered to have breached the Act if he or she acquires any significant financial advantage, or assists another person to acquire such gain, by ’’improperly using or benefiting from information which is obtained in the course of his/her official duties and which is not generally available to the public.’’
Furthermore, the anti-corruption legislation states that ’’Any person who intentionally abuses his position in the performance or failure to perform an act, in violation of law in the discharge of his functions or use of position for the purpose of obtaining an undue advantage for himself or for another person or entity, commits an offence...’’
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