By Adonis Byemelwa
Tanzania activists-cum-lawyers are set to challenge the Fourth Miscellaneous Amendments Bill passed on October 31st, with members of the public raising eye blows; enduring the nostalgia of balanced voices in the erstwhile 2015 Parliamentary deliberations, which saw the opposition clashing contentious bills.
Tanzania’s Parliament has over 85 legislators from the ruling party Chama Cha Mapinduzi (CCM) after the 2020 General Election aligned with former President Magufuli’s stance of ensuring the opposition’s legislators ‘do not make’ it to the law-making House.
The 2020 elections were marred with a plethora of irregularities, with many opposition candidates crying foul, a move cited to be one of the reasons behind the current smooth signing of the contentious bills.
The controversy surrounding the passed bill comes 17 months after the Mchinga Member of Parliament, Salma Kikwete raised concern about the benefits of spouses of leaders holding government top office.
Miss Kikwete who is the wife of former President Jakaya Kikwete was debating the budget of the Ministry of State in the President’s Office Public Service Management and Good Governance.
The renowned advocate Nyaronyo Kichere was quoted as saying that he had already mobilized five other counsels to oppose the controversial bill in the court of law.
The amendment of the Political Service Retirement Benefits Act targets spouses of top leaders, including the President, the Vice President, and the Prime Minister.
With the passed bill a spouse of a leader who held the office of the President, Vice President, and Prime Minister will be granted a gratuity equal to 25 percent of what their retiring partners received when in office.
The benefits of a President who has died have also been amended which will see the survivor receive a pension equal to 60 percent of the salary of the incumbent President.
The amended bill has replaced Section 13 of the Act to read as follows: “Where the Vice President dies in office or where he dies after ceasing to hold office but before benefits are granted to him, the appropriate authority shall grant to his dependents a gratuity which shall be equal to the total sum received by him as salaries when he was in office.
This is a first in the history of Tanzanian governance. However, the Speaker of the Parliament, Dr. Tulia, has issued a caveat – a person cannot receive two payments at the same time from the government.
While the bill recognizes the contributions of retired leaders and their spouses, it raises questions about the allocation of public funds. Striking a balance between honoring the service of retired leaders and maintaining fiscal responsibility is critical.
The amendment bill has the potential to cause misuse of government resources if not handled with care. The government needs to ensure that these benefits are reasonable and justified.
One of the concerns raised by Dr. Tulia is the possibility of individuals receiving multiple payments from the government. This could lead to a strain on the country’s finances and create an unfair distribution of resources. The government needs to establish clear guidelines and criteria for the payment of retirement benefits to avoid any potential abuse or exploitation of the system.
An interesting issue highlighted by Dr. Tulia is the potential future scenario where all spouses of leaders hold positions of power. This could create a complex situation for the benefits system. The government should carefully consider the long-term implications of such a situation and develop strategies to address any potential challenges that may arise.
Overall, this amendment bill highlights the need for transparency and accountability in the allocation of public funds. The government needs to ensure that retirement benefits are fair, reasonable, and based on clear criteria.
Mechanisms should be in place to prevent any potential misuse of resources and to address any future scenarios that may impact the retirement benefits system. By addressing these concerns, the government can uphold the principles of good governance and ensure the effective and responsible use of public funds.
Advocate of the High Court of Tanzania, Dr. Lugemeleza Nshala has vehemently condemned the passed Political Service Retirement Benefit Act, explaining that the law contravenes the Constitutions of the United Republic of Tanzania.
The critical lawyer who had been incessantly summoned at Tanzania’s Central Police Post over his ‘unethical’ language to leaders while criticizing the Tanzania-Dubai Port Pact, said political leaders have turned into gluttons, thinking only about themselves while the majority of Tanzanians wallow in abject poverty.
Dr. Nshala said Article 29 of Tanzania’s mother law states that; every person in the United Republic has the right to enjoy fundamental human rights and to enjoy the benefits accruing from the fulfillment by every person of this duty to society, as stipulated under Article 12 to 28 of this Part of this Chapter of the Constitution.
He added that subsection (3) of the same Article says; A citizen of the United Republic shall not have a right, status or special position based on his lineage, tradition or descent, expounding subsection (4) of the same Act avers that; is hereby prohibited for any law to confer any right, status, or special position upon any citizen of the United Republic based on lineage, tradition or descent.
“It is disheartening to see lawmakers trusted by voters passing the law which contravenes the mother law. No one is more equal than the other according to the constitution. We have many retired senior citizens whose spouses have been relegated to a squalid environment. We are set to challenge the passed bill in the court of law,” said Dr. Nshala in an interview.
A media consultant Manyerere Jackton said the new Political Service Retirement Benefits Act will go down in history as one of the worst laws passed in Parliament, hinting that the controversial Act had set room for most Tanzanians to snub patriotism.
“Look, there is no spouse of a political leader that lacks settlement nor do they lack medical bills. These first-class citizens have been well pampered after we had gained independence. Top leaders do not know the pinch of paying for electricity, salon, or house rent. How then should they receive more emoluments….it is a misuse of taxpayer’s coffers,” Said Manyerere.
The media consultant said that it was time African leaders emulated the former Singapore Prime Minister Lee Kuan Yew who lived a frugal life and had all the plans in place to see the transformation of common people’s livelihood.
A retired civil servant, Titus Tibenda, said if common citizens see most leaders amassing wealth while the majority are swirling in despicable poverty it places a country into a political inertia, explaining that it is the reason behind the escalating corruption scandals among civil servants.
“You know what…everyone had now seen the means of siphoning government coffers in case they happened to grab the position. They are afraid of an uncertain future. You can imagine a retired civil servant receiving a paltry Sh100,000 ($40.016) as a pension. If they hear of spouses enjoying the hefty remunerations, it disheartens them,” said Tibenda.
