Wednesday, September 1, 2021

Gwajima faces criminal probe after Parliament ban

Gwajima pic

By Sharon Sauwa
By Rosemary Mirondo

Dodoma/Dar. Cleric-cum politician Josephat Gwajima might soon have a date with detectives from the office of the

Director of Criminal Investigation (DCI) for a potential criminal case over his recent utterances.

This came after the Parliamentary Privileges, Ethics and Powers Committee found him guilty of putting the House into disrepute and advising that some rhetoric by the Kawe lawmaker be investigated further by security organs.

Soon after the verdict was moved in the House, Attorney General (AG) Adelardus Kilangi told Mwananchi that Parliament’s decision means that the DCI has to swiftly come in and investigate.

Following the verdict, Speaker Job Ndugai said that the Legislature had washed its hands off the matter and therefore Home Affairs minister George Simbachawene and AG Kilangi must immediately take up the matter for investigations.

Speaker Ndugai said if Simbachawene and Kilangi did not start their investigations, the Parliamentary Privileges, Ethics and Powers Committee could summon them for questioning because it would mean that they would have also put the House into disrepute.

Speaking at the National Assembly grounds immediately after the resolution was passed, Prof Kilangi said the matter would fall under the DCI office because it was a matter of investigation.

He said the investigation would aim at ascertaining whether or not Mr Gwajima had committed a criminal offense in his utterances.

“Once he winds up his investigations he will take the matter to the Director of Public Prosecutions (DPP) to prove if there was enough evidence to start a criminal proceeding against him,” said Prof Kilangi.

He, however, noted that it was important to note that the DPP was an independent office that ought not to be interfered with or pressurised by any institution.

“It is only when the DPP gets satisfied that there is a crime that has been committed before he can come to any decision that he sees fit,” he said.

When asked who was going to sue so as to enable investigations to be launched, Prof Kilangi said the Parliamentary resolution was enough to get DCI to start the investigation.

Mr Simbachawene said the Speaker’s instructions had been received but declined to comment further on grounds that he had to consult first with a team of experts from his ministry.

Earlier in the House, the Bunge team moved two motions that bar Mr Gwajima and his Ukonga counterpart Jerry Silaa from attending two sittings.

The ruling means that Mr Gwajima Mr Silaa would miss the September and November sittings.

The duo were grilled by the Parliamentary Privileges, Ethics and Powers Committee last week over remarks they aired recently.Slaa pic

Ukonga MP, Jesrry Slaais escorted out of Parliament precincts in Dodoma yesterday after he was suspended from two consecutive sittings. PHOTO | SAID KHAMIS

Addressing his followers at his Glory of Christ Tanzania Church in Dar es Salaam recently, Mr Gwajima alleged that some government officials had been bribed so that Tanzania could allow Covid-19 vaccines.

Mr Gwajima made the controversial statements on July 25, August 1, 8 and 10 when he spoke against Covid-19 jabs.

In response, Parliament said in a statement that Mr Gwajima had put the House to disrepute and summoned him to appear before the Committee on Monday (last week).

Moving a motion to suspend Mr Gwajima for two sittings on Tuesday, the chairman of the Parliament’s Privileges, Ethics and Powers Committee, Mr Emmanuel Mwakasaka, said during the grilling, his team was convinced that the controversial cleric had indeed put the House into disrepute.

According to Mr Mwakasaka, the Committee was also recommending that security organs should start following up on Mr Gwajima’s utterances, saying some of them (the utterances) were criminal in nature and which could potentially jeopardize peace and national security.

The Committee further advised that the MP be taken before the political party that gave him a ticket into the House (the ruling CCM) for further action against him.

“We are fully satisfied that when the MP said the country had been bribed so that Tanzania can allow Covid-19 vaccines, his aim was to bring disharmony among Parliament, the Executive and the public at large,” he said.


No regret

He said it was disheartening that upon being interrogated, Mr Gwajima showed no signs of regret for what he did.

“He only maintained that he made the remarks during his church sermons that had nothing to do with Parliament,” said Mr Mwakasaka.

He told the House that Mr Gwajima exhibited contempt before the Committee by refusing to sit on the seat that was given to him during interrogations on August 23.

He also refused to use the microphone that was given to him on that day.


Defiance

When he was interrogated for the second time on August 25, Mr Mwakasaka said, Mr Gwajima showed contempt once again when he preferred to be grilled while standing throughout the period.

“That comedy aside, he did not give adequate cooperation by not testifying according to questions asked. He instead maintained that he was a pastor and the committee had no right to interrogate his sermons,” he said.


Quoting a statement aired during interrogations, Mr Mwakasaka said Mr Gwajima showed a lack of discipline when he said: “Whatever I say does happen irrespective of where I am, whether I am in the church, in Parliament or on top of a roof”.

No proof

Mr Gwajima could not prove his statements that some officials had been bribed to allow Covid-19 jabs into the country.

According to Mr Mwakasaka, before interrogating Mr Gwajima, the Committee had to satisfy itself that sermons in church have immunity against questioning by government organs.

“The Committee got satisfied that the Constitution [of the United Republic of Tanzania] offers individuals the right to pray but that while praying, they are not allowed to contravene the security and the rights of the society,” he said.

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