Tanzanian Association Oslo

Mkapa graft allegations:

JK urged to emulate

Zambian example

-Detractors cite Mwanawasa’s tough stance on Chiluba


THISDAY REPORTER
Dar es Salaam

PRESIDENT Jakaya Kikwete has been urged to emulate his Zambian counterpart, Levy Mwanawasa, by ordering a full-blown investigation into allegations of corruption and abuse of office against former president Benjamin Mkapa.

Following the prosecution and seizure of $60m (approx. 70bn/-) in stolen funds from former Zambian president Frederick Chiluba, opposition leaders and political commentators in Tanzania are now calling for a similar move against Mkapa if the allegations against him are substantiated.

The Leader of the Official Opposition in the National Assembly, Hamad Rashid Mohamed (Wawi-CUF), said President Kikwete should go ahead and give the green light for an official investigation of the former president.

Hamad Rashid told THISDAY in an interview that it was important for the government of the day to thoroughly investigate all corruption allegations against public leaders - both past and present, regardless of position.

’’The government should be very serious about keeping an eye on public leaders in this country, especially those who have secret offshore bank accounts contrary to regulations,’’ he said.

He called on President Kikwete to emulate the examples set by the Zambian and Pakistani governments in taking legal action against former leaders accused of corruption.

Likewise, the CHADEMA secretary general and deputy leader of the opposition in parliament, Dr Wilbrod Slaa (picture), said the moment of truth had come for the government to demonstrate its true commitment and spirit to fight high-level corruption.

’’The government must show with action how determined it is to fight corruption and do away with the politics of protectionism,’’ Slaa said.

The firebrand opposition leader said continued failure by the government to adequately address the allegations against Mkapa would betray a ’’lack of courage and political commitment to fight corruption.’’

He asserted that the former president does not enjoy any immunity from criminal prosecution for actions done in his personal rather than presidential capacity.

’’Basically, the law gives immunity to Mkapa for all actions he did while executing presidential duties. Doing business at State House and calling himself an entrepreneur were not part of his official duties as president,’’ Dr Slaa said.

Mkapa is alleged to have abused public office by using State House as the official address of his private company, ANBEM Limited, for personal financial gain.

And according to Slaa, the fact that Mkapa and his former senior cabinet minister Daniel Yona sold the state-owned Kiwira coal mine to their own joint private company (Tanpower Resources Limited) while they were still in public office constituted ’’a serious criminal offence.’’

Prominent local lawyer and human rights activist Tundu Lissu also insisted that the former president does not have immunity from prosecution on such allegations.

’’There is no such thing as immunity...it just boils down to the question of political commitment and resolve (or lack of it) within the incumbent government to fight grand corruption,’’ said Lissu.

He said the national Constitution was categorical about limits of immunity enjoyed by ex-presidents.

According to Article 46 of the Constitution of the United Republic of Tanzania: ’’It shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of President after he ceases to hold such office, for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.’’

Lissu asserted that since Mkapa’s private business dealings were not done in his capacity as president, he was liable for criminal prosecution.

The issue of alleged dubious private business dealings by the ex-president and his former cabinet minister were recently raised in the National Assembly by members of parliament from both the ruling CCM and opposition camps.

This prompted the Prime Minister, Mizengo Pinda, to state categorically in the House that the government would make a formal inquiry into the allegations.

Asked yesterday if the government would be ready to prosecute Mkapa in particular if implicated by the allegations, the Minister of State in the President’s Office (Good Governance), Sophia Simba, was non-committal.

’’I can’t answer that question. He (Mkapa) is not necessarily guilty of these accusations we should not just tarnish his image. He has done good things for this country,’’ Ms Simba told THISDAY.