Dar es Salaam —
President John Magufuli's appointment of new Controller and Auditor
General (CAG) was greeted with mixed reactions on Sunday, November 03,
2019, with some quarters questioning how the ...
tenure of the office holder
came to an end.
President Magufuli appointed former Tanzania Revenue Authority (TRA) Commissioner General, Mr Kichere on Sunday as new CAG.
Mr Kichere - who
was moved from TRA to become Njombe Regional Administrative Secretary in
June, 2019 - is replacing Prof Mussa Assad.
In a live broadcast, chief secretary John Kijazi said Prof Assad's five-year tenure expires on Monday, November 4, 2019.
"Mr Kichere's appointment takes effect from November 4, 2019," said Mr Kijazi in a live broadcast.
Before the appointment, Mr Kichere was serving as Njombe Regional Administrative Secretary (RAS).
Former President
Jakaya Kikwete appointed Prof Assad as CAG effective November 5, 2015 to
fill the vacant position left by Mr Ludovick Utouh who retired in
September, 2014.
But much as it
remains true that Prof Assad's first-year term expires tomorrow
(November 04, 2019), some politicians contend that since he has not yet
reached the age of 65, he deserved more term.
"Kinyume na Katiba,
kinyume na Sheria (It is against the Constitution and against the
Law)," twitted the ACT Wazalendo Party leader, Mr Zitto Kabwe.
According to
Section 6 of the Public Audit Act, 2008, the CAG shall hold office for
the fixed term of five years and shall be eligible for renewal for one
term only.
It states that
unless removed in office through a legal procedure that's outlined on
Article 144 (3) of the Constitution of the United Republic of Tanzania,
the CAG shall only vacate office upon attaining the age of sixty five
(65) years.
He may also vacate
office when he resigns; by giving a six months' notice; on account of
medical grounds or any other grounds which the President considers
sufficient.
Mr Assad, who
worked as Associate Professor in the Department of Accounting at the
University of Dar es Salaam's Business School before his appointment as
CAG, was born on 6th October 1961. This suggests that until November 3,
2019, Prof Assad was 58 years and 28 days old.
Article 144 of the
Constitution of the United Republic of Tanzania states that the CAG
shall be obliged to vacate office upon attaining the age of sixty or any
other age which shall be prescribed by a law enacted by Parliament.
In this case, the law, enacted by the Parliament obliges the CAG to vacate office upon attaining the age of 65.
Article 144 (2) of
the Constitution however says the CAG may be removed from office only
for inability to perform the functions of his office (either due to
illness or to any other reason) or for misbehaviour or for violating the
provisions of the law concerning the ethics of public leaders.
Should the need to
remove him from office arise, then the President shall have to appoint a
Special Tribunal to probe the reasons behind which the CAG is to be
removed from office.
The Special
Tribunal shall comprise of a Chairman and not less than two people. The
members are to be person who are or have been Judges of the High Court
or of the Court of Appeal in any country within the Commonwealth.
Article 144 (4) of
the Constitution reads: "If the Special Tribunal appointed in accordance
with the provisions of sub-article (3) advises the President that the
Controller and Auditor-General be removed from office on grounds of
inability to perform functions of his office due to illness or any other
reason or on grounds of misbehaviour, then the President shall remove
him from office".
For the good part
of 2019, the working relationship between Prof Assad and the Speaker of
Parliament, Mr Job Ndugai has been frosty.
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