PM free from lawsuit: Bunge

 

Prime Minister, Mr Mizengo Pinda 

By  Frank Kimboy 

In Summary

Since the Prime Minister is an MP he can’t be sued but if LHRC wants to go to the court they can do so because the court is the body that interprets the laws.

Dar es Salaam.The Legal and Human Rights Centre cannot sue the Prime Minister, Mr Mizengo Pinda, for the remarks he made in the Parliament because he, just like other legislators, enjoys parliamentary privileges and immunity.

Speaking to reporters on Monday, the centre’s advocacy and reforms director Harold Sungusia said LHRC was planning to sue the Premier over his remarks to the effect that should go ahead and beat up people who defy instructions by law enforcement and security agencies.

But when contacted for comment, the director of parliament business, Mr John Joel, said the constitution gives immunity to Members of the Parliament such that they cannot face charges for remarks they make in the parliament.

“Since the Prime Minister is an MP he can’t be sued but if LHRC wants to go to the court they can do so because the court is the body that interprets the laws,” said Mr Joel.

He said the parliamentarian can only be held responsible for what they say in the National Assembly by using the Parliamentary standing orders.

In the Prime Minister’s case, Mr Joel said, if it was true that his statement violated the Constitution, as claimed by LHRC, an MP could table a no confidence vote against him so as to remove him. “An MP can succeed after he moves a “No Confidence” vote against the PM after collecting 70 signatures of fellow MPs,” he said.

But when he announced LHRC plans to sue the Prime Minister Mr Sungusia said they were aware of Article 100 but insisted that LHRC made consultations before making the decision. He argued:

“The Constitution stipulates that a person is considered innocent until proven guilty. Since Mr Pinda gave government’s stand on the matter, the issue of privileges doesn’t arise...we’ll file a case at the High Court before the end of the week,” Mr Sungusia said.