Kichuguu si Mlima: CAG: Chuki Dhidi ya Magufuli Imewatoa Ufahamu Sasa?
Na pia yawezekana kabisa kuwa mapenzi kwa Magufuli yamewapofusha na kuwatoa kabisa ufahamu watu wengi...wahenga walisema Love is blind!
Watu wanaendekeza siasa mno kuhusu suala la CAG. Rais halazimiki kumteua CAG yule yule kila baada ya miaka mitano. Katiba na Sheria viko wazi kwa yeyote kuona. Kwa vile marais waliopita walimteua mtu yule yule kwa vipindi zaidi ya kimoja haina maana Rais ajaye analazima kurudia kumteua.
Je sheria kuu inasemaje?
Appointment of the Controller and Auditor-General
(1) The Controller and Auditor-General shall be appointed by the President from among the citizens of the United Republic of Tanzania by birth.
(2) On appointment of the Controller and Auditor-General, the President shall consider relevant professional qualifications, experience and leadership skills suitable for appointment to the post.
(3) Upon appointment of the Controller and Auditor-General, shall subscribe to the oath before the President.
(4) The Controller and Auditor-General
shall, in addition to the terms and conditions specified in the Constitution,
hold office on such other terms and conditions as may be provided in any written law.
Tenure of office
(1) The Controller and Auditor-General shall hold office for the fixed term of five years and
shall be eligible for renewal for one term only.
(2) Unless the question of removal becomes the subject of investigation in terms of Article 144(3) of the Constitution, the Controller and AuditorGeneral shall vacate office -
(a) upon attaining the age of sixty five years;
(b) if the Controller and Auditor-General resigns -
(i) on account of medical grounds or any other grounds which the President considers sufficient; or
(ii) by giving six months’ notice to the President.
Removal from office
The Controller and Auditor General
may be removed from his office for reasons and procedures provided for under Article 144 of the Constitution.
Kilichowazi ni kuwa pindi akishateuliwa na kuapishwa CAG hawezi kuondolewa kirahisi hadi muda wake wa miaka mitano upite au yatokee yale yaliyoanishwa kwenye Katiba kuweza kumuondoa.
Je, Article 144(3) of the Constitution inasemaje?
144.-
Removal from office of Controller and AuditorGeneral… Act No.15 of 1984 Art.43 Act No.12 of 1995 Art.19
(1) Without prejudice to the other provisions of this Article, the Controller and Auditor-General of the United Republic shall be obliged to vacate office upon attaining the age of sixty or any other age which shall be prescribed by a law enacted by Parliament.
(2) The Controller and Auditor-General may be removed from office only for inability to perform the functions of his office (either due to illness or to any other reason) or for misbehaviour or for violating the provisions of the law concerning the ethics of public leaders and shall not be so removed except in accordance with the provisions of subarticle (4) of this Article.
(3) If the President considers that the question of the removal of the Controller and Auditor-General from office under the provisions of this Article needs to be investigated, then the procedure shall be as follows:
(a) the President shall appoint a Special Tribunal which shall consist of a Chairman and not less than two other members. The Chairman and at least half of the other members of that Special Tribunal shall be persons who are or have been Judges of the High Court or of the Court of Appeal in any country within the Commonwealth; and
(b) the Special Tribunal shall investigate and submit report to the President on whole matter and shall advise him whether or not the Controller and Auditor General should be removed from office in accordance with the provisions of this Article on the grounds of inability to perform his functions due to illness or any other reason or on grounds of misbehaviour.
(4) If the Special Tribunal appointed in accordance with the provisions of subarticle (3) advises the President that the Controller and Auditor-General be removed from office on grounds of inability to perform functions of his office due to illness or any other reason or on grounds of misbehaviour, then the President shall remove him from office.
(5) If the question of removing the Controller and Auditor-General has been referred to a Special Tribunal for investigation pursuant to the provisions of this Article, the President may suspend the Controller and Auditor-General from office, and the President may at any time rescind the decision to suspend the Controller and Auditor-General and in any case such decision shall lapse if the Special Tribunal advises the President that the Controller and Auditor-General be not removed from office.
(6)
A person who holds or who has held the office of Controller and Auditor-General shall not be appointed to, or act in, any other office in the service of the Government of the United Republic.
(7) The provisions of this Article shall not apply to any person appointed acting Controller and AuditorGeneral.
NB: Natanguliza samahani kwa wote ambao lugha iliyotumika itawakera kwa namna moja au nyingine ila ninavyoelewa hii nayo ni lugha rasmi ndani ya Jamhuri yetu. Tuvumiliane tu.