Tanzania Ministers Neglect Legislative Duties Due to Dual Roles, Says Former CAG Utouh

By Adonis Byemelwa

Dar es Salaam - The mandate that ministers must also be Members of Parliament (MPs) is leading many to neglect their legislative responsibilities, prioritising government duties instead. This concern was raised by Ludovick Utouh, former Controller and Auditor General (CAG) and current director of the Wajibu Institute, during an interview with Clouds FM on Wednesday, July 24, 2024.

Utouh pointed out that the dual responsibility of serving both the government and Parliament can be overwhelming for ministers. He explained that when an MP is appointed as a minister, they often find themselves torn between their duties to the electorate who voted them into Parliament and their obligations to the executive branch, which appointed them to the ministerial position. According to Utouh, the additional perks associated with being a minister often led to a prioritization of executive responsibilities over legislative ones.

"Being a minister comes with substantial perks, which are often more lucrative than those of a regular MP. Naturally, this can lead to a tendency to prioritize ministerial duties, sometimes at the expense of parliamentary responsibilities," Utouh noted. "When elected as an MP, one serves the legislative body, but upon being appointed as a minister, the focus shifts to serving the executive branch. This shift can lead to neglecting the very institution that enabled one to become a minister."

Utouh recalled that during the constitutional review process led by Justice Joseph Warioba, there were discussions about removing the requirement for ministers to be MPs. The Warioba Constitutional Review Commission had proposed that this dual role could be streamlined to improve efficiency and effectiveness. The commission suggested that if an MP were appointed as a minister, they should resign from one role to focus fully on the other.

However, despite these recommendations, the draft constitution debated by the Constituent Assembly continued to enforce the requirement under Article 116 (1)(d) that a minister or deputy minister must be "a Member of Parliament of the United Republic." Utouh emphasized that this system can impact the efficiency of governance, as the responsibilities of a minister are extensive and demand full-time attention, similar to the commitments of an MP.

Reflecting on practices in larger democracies, many countries have adopted systems where ministers are not necessarily drawn from the legislative body. For instance, in the United States, members of the executive branch, including cabinet members, are often appointed from outside the legislative assembly, allowing them to focus solely on their executive duties.

 This separation of powers can enhance accountability and efficiency, as it prevents the potential conflict of interest that arises when individuals serve both as legislators and as members of the executive.

In the United Kingdom, while it is common for ministers to be drawn from Parliament, there has been ongoing debate about the effectiveness of this practice. The dual role can sometimes lead to similar conflicts of interest and challenges in managing both responsibilities effectively.

As Tanzania continues to adhere to its current constitutional framework, Utouh suggested that ministers should effectively utilize their assistants to represent them in their constituencies. This would help ensure that their legislative duties are not entirely neglected.

The ongoing discussion highlights the complexities and challenges of governance structures and the importance of aligning roles and responsibilities to ensure efficient and accountable government operations. The experiences from other democracies provide valuable lessons for Tanzania as it seeks to balance the demands of executive and legislative functions within its unique political and constitutional context.