Dar es Salaam. The 10th Parliament is coming to a close today. And, just as the ninth Parliament is remembered for Richmond, this one will go down in history for the Tegeta Escrow deal.
The two are the biggest corruption scandals in this country, so shocking that they were discussed in great detail and officially made public by the law-making organ in the 10 years of the Jakaya Kikwete presidency, which comes to a close after the October General Election.
The details of the Tegeta Escrow scandal were first published by this paper in March 2014, setting the stage for a national debate on the siphoning of a whopping Sh306 billion from an account at the central bank that was jointly opened by Tanzania Electric Supply Company (Tanesco) and Independent Power Tanzania Limited (IPTL) following a tussle over capacity charges in local and international courts.
IPTL was initially founded over 20 years ago by VIP Engineering, owned by Mr James Rugemalira. He had a 30 per cent stake in the firm along with Mechmar of Malysia. But before the escrow funds were withdrawn, Pan African Power Solutions Tanzania Limited (PAP)--owned by Kenyan tycoon Harbinder Singh Sethi--is said to have taken over 70 per cent of IPTL from Mechmar in dubious circumstances.
Opposition lawmakers raised the matter in Parliament and the Public Accounts Committee (PAC) ordered an investigation into the matter by the Controller and Auditor General (CAG). On behalf of the government, Prime Minister Mizengo Pinda made a commitment that the Controller and Auditor General would also ensure the Prevention and Combating of Corruption Bureau (PCCB) investigated the matter.
Both CAG and PCCB handed in their reports in November--the PCCB to the government and the CAG to PAC. The findings never saw the light of day.
The CAG’s findings damned a number of public leaders, with some accused of orchestrating the withdrawal of funds and others pocketing part of the money. The list included top government officials, judges and religious leaders. Though PAC also implicated Premier Pinda, he was let off the hook following negotiations between the committee, the government and the opposition.
Parliament unanimously passed resolutions asking the President to act on the scandal.
PAC named the Attorney General at the time, Judge Fredrick Werema, as a major orchestrator of the scandal and he became the first casualty--having to resign in mid-December.
The former minister for Lands and Human Settlements Development, Prof Anna Tibaijuka, received Sh1.6 billion from the owner of VIP Engineering and was sacked only a few days after she called a press conference to declare that she would not quit. Prof Sospeter Muhongo of the Ministry of Energy and Minerals bowed down and resigned in January even as he maintained that he was innocent.
But it was not just the escrow debate in Parliament that shook the government. In response to rampant poaching, the government ordered Operesheni Tokomeza. It was suspended last November only a month into the massive operation following reports of shocking brutality against innocent civilians.
The parliamentary committee on Lands, Natural Resources and Tourism investigated the conduct of the operation and tabled a damning report that confirmed that the armed forces indeed committed gross human rights violations. The report led to the resignation of Tourism and Natural Resources Minister Khamis Kagasheki. President Kikwete later sacked Defence Minister Shamsi Vuai Nahodha, Home Affairs Minister Emmanuel Nchimbi and Livestock Development Minister David Mathayo.
Following parliamentary debates on the CAG’s annual report of May 2012, President Kikwete dropped six ministers over rampant misuse of funds in their offices. The sacked ministers were Mr Mustapha Mkulo (Finance), Mr William Ngeleja (Energy and Minerals), Mr Ezekiel Maige (Tourism), Mr Omari Nundu (Transport), Mr Haji Mponda (Health) and Mr Cyril Chami (Industry and Trade).
MPs showed political maturity in handling the scandals, with opposition and ruling party lawmakers joining hands to ensure their voice was not only heard but also had an impact.
The Opposition
The 10th Parliament’s handling of mega scandals was helped along by the hand of a strong opposition. Though opposition MPs were few in number, they came up with convincing evidence on a number of scandals that forced President Kikwete to sack his lieutenants when the need arose. Despite comprising only 26 per cent of MPs, the opposition has gone ahead and made headlines.
Today, the official opposition camp is not present to listen to the President as he dissolves Parliament--pretty much as it was when he inaugurated the House five years ago.
Their absence now has its roots in their determination to see that the government does not use the law-making organ as a rubber stamp after rejecting three bills that were tabled under certificate of urgency.
The opposition is comprised of five parties--Chadema (48), CUF (35), NCCR-Mageuzi (5) TLP and UDP one MP each.
The five rang in the 10th Parliament with wrangles when the main opposition party, Chadema, decided to form a shadow cabinet on its own. Chadema’s leadership then discredited CUF as untrustworthy on the grounds that the party had joined hands with CCM in Zanzibar to form a government of National Unity (GNU) after the 2010 General Election.
The rift between the two parties hit an all-time low in May 2013, when the shadow minister for Foreign Affairs and International Cooperation, Mr Ezekiah Wenje, accused CUF of supporting homosexuality, arguing his case on the basis of CUF’s ideology--which is liberal politics. Mr Wenje said liberal parties worldwide are staunch supporters of homosexuality.
Pandemonium broke out in the House and he escaped the wrath of CUF lawmakers thanks to the sergeant-at-arms, who escorted him out of the debating chamber.
A year later, the two were strong forces behind the formation of an opposition coalition during the meetings of the Constituent Assembly (CA). The parties put their differences aside and worked together to reject CCM’s dominance in the constitution-making process and branded themselves the Coalition of Defenders of the People’s Constitution, popularly known in the Kiswahili acronym of Ukawa, alongside NCCR-Mageuzi and NLD.
In October last year, the four parties signed a memorandum of understanding to work together in this year’s General Election by fielding a single candidate in all elective posts. They say they will honour the arrangement and that they are working on it but they have a major weakness--they do not have the numbers to make any impact in Parliament.
These last days of the 10th Parliament will be a painful reminder of that shortcoming for the opposition. Three controversial Bills were introduced in the House under certificate of urgency--and they have been criticized by different groups--but the ruling party MPs and the government defended them.
When the opposition tried to block them, the House decided to bar more than 40 of them from the sessions--and that led to a total walk-out of opposition MPs.
Even then, the Oil and Gas Revenue Management Bill, the Tanzania Extractive Industry (Transparency and Accountability) Bill and the Petroleum Bill were endorsed.
The Speaker
Chama Cha Mapinduzi’s Central Committee surprised many people in 2010 when it settled for Anne Makinda as Speaker of the National Assembly instead of much-touted Samuel Sitta. Ms Makinda made history on becoming the first female Speaker. She is an experienced politician, having served as an MP for 40 years--since 1975. She was a nominated MP from 1975 to 1995 and has been the MP for Njombe South Constituency for the last two decades.
When she took the helm in the House, she had the shadow of her predecessor, Mr Samuel Sitta, to reckon with. He was hailed as a firm speaker who steered the Ninth Parliament without fear or favour--which led to a record performance on accountability and openness. He was also celebrated for not shunting the opposition to the side despite their minority in the House.
Political analysts and some critics interpreted Ms Makinda’s victory as a measure by the government and CCM to invest in a Speaker who would safeguard their interests. That train of thought was amplified after CCM blocked Mr Sitta’s attempt to run for a second term as Speaker even after a resounding performance in the Ninth Parliament.
According to Prof Gaudence Mpangala of Ruaha University College, Ms Makinda did a relatively good job in steering the 10th Parliament in difficult circumstances but her biggest weakness was supporting CCM and the government openly. He added: “She failed to be as independent as her predecessor. The last days of this Parliament and her open support for the government on the passing of the three controversial bills speaks volumes. And that is just a single example.”
Not all made it to the end
As the final whistle is blown today, not all Members of Parliament who were there at the start (the originals) are still holding their seats--and that is due to death and resignation.
Two of the originals resigned. The first was Mr Rostam Aziz, former Igunga MP (CCM), in July 2011. He said he was fed up with what he described as gutter politics and unfounded claims made by his own party members. Mr Dalaly Kafumu, also of CCM, won the by-election held in October of the same year.
Mr Zitto Kabwe, formerly of Kigoma North, was the second MP of the 10th Parliament to resign. He quit in March after a protracted battle with his party that involved court cases and led to his expulsion from the party. He is now the leader of ACT-Wazalendo. Seven MPs also passed away in the past five years, six from CCM and one from CUF. Mr Jeremiah Sumari (CCM, Arumeru East) died in January 2012, followed by Mr Salim Khamis (CUF, Chambani) March 2013. Mr William Mgimwa (CCM, Kalenga) died in January 2014. The rest are Mr Saidi Bwanamdogo (CCM, Chalinze) January 2014, Mr John Komba (CCM, Mbinga West) February 2015, Ms Eugen Mwaiposa (CCM, Ukonga)and Mr Donald Max (CCM, Geita) on June 2 and June 23, 2015 respectively.
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