PS MASWI SENT HOME AHEAD OF NEW PROBE OVER ESCROW ACCOUNT SCAM

Energy and Minerals Permanent Secretary Eliakim Maswi takes a call as President Jakaya Kikwete was addressing Dar es Salaam elders on Monday.  PHOTO | SALIM SHAO 

Dar es Salaam. Energy and Minerals Permanent Secretary Eliakim Maswi was suspended yesterday.

Chief Secretary Ombeni Sefue said Mr Maswi, who has been under pressure to resign over the Tegeta escrow scandal, would vacate office to pave the way for an investigations into his role in the matter.

 The Directorate of Presidential Communications said in a statement last night that  the PS was asked to leave yesterday and hand over to his deputy, Mr Ngosi Mwihava.

“Mr Sefue has today (yesterday) suspended Mr Maswi in line with the powers bestowed on him to discipline public servants who are presidential appointees, including permanent secretaries,” said the statement.

 The Chief Secretary said Mr Mwihava will act until the outcome of the investigation is known. He reiterated the directive on Monday by President Kikwete that disciplinary action would be taken against the former PS should he be found to have erred.

Mr Maswi now joins former Attorney General Judge Frederick Werema and sacked Lands minister Anna Tibaijuka as early casualties of the scandal. President Kikwete fired the minister on Monday during an address to the nation while Mr Werema resigned last week.

The three and Energy minister Sospeter Muhongo have been under attack from the public after they were adversely implicated in the scandal.

The Tegeta escrow scandal involved the fraudulent withdrawal of Sh306 billion from the central bank to pay Independent Power Tanzania Limited (IPTL). The money, part of which a parliamentary investigation found to be public, was then shared among public figures and influential individuals. Meanwhile, legal experts were emphatic yesterday that President Kikwete has full constitutional powers to initiate investigations, control of discipline and removal of Judges from office without undermining the powers of the Judiciary.

On Monday, the President side-stepped a resolution of parliament to form a Judicial Commission of Inquiry to investigate High Court Judges mentioned in the scandal and instead referred the matter to the Chief Justice. Mr Kikwete argued the powers to investigate them could not come from the executive or Parliament. 

High Court judges Aloysius Mujulusi and John Ruhangisa were accused of receiving Sh40m and Sh400m, respectively, from a former IPTL shareholder, Mr James Rugemalira. According to Section 113 (2), of the Constitution, the powers of appointment, control of discipline and removal of Judges from office shall vest in the President.

Section 110 A of the Constitution sets procedures relating to discipline of Judges of the High Court, and says that apart from inability to perform the functions of his office (either due to illness or to any other reason), the High Court Judge may be removed from office for behaviour inconsistent with the ethics of office of judge or with the law concerning the ethics of public leaders.

 Section 110 A (3) categorically states that, “Where the President considers that the question of the removal of a Judge from office needs to be investigated, then the procedure shall be as follows:  the President shall after consultation with the Chief Justice, suspend that Judge from office.”

After suspending the judge the President then shall appoint a Tribunal which shall investigate the matter and make a report to the President, and shall advise him whether or not the Judge concerned should be removed from office.

CREDIT SOURCE: THE CITIZEN