Why Magufuli administration misses the point on Government splurge

[Rutashubanyuma]

These institutions are lifeless so to claim the doctrine of separation is alive is to deceive ourselves

 

[Rutashubanyuma]

In the High Court decision of Reverend Mtikila versus The AG AG the court attempted to deal with literal interpretation of the doctrine of separation of power

 

[Rutashubanyuma]

The then High Court judge Lugakingira said as much as we have doctrine of separation of power but there's no laws to effect it

 

[Rutashubanyuma]

Meaning that article of constitution was hanging in air when it comes to pollution of players

 

[Rutashubanyuma]

With due respect to Hon. Judge Lugakingira absence of supporting legislation did not render parts of this doctrine toothless

 

[Rutashubanyuma]

This plea was dismissed for want if supportive legislation and we seem stuck with the doctrine of separation of power which cannot wholesale be implemented

 

[Rutashubanyuma]

The matter was made worse by seven justices of the appeal court when they made a futile finding that articles of constitution were not in conflict but were supportive to each and that the constitution ought to be read as one document not attaching unique meaning to individual articles

 

[Rutashubanyuma]

That finding had no basis whatever to base upon

 

[Rutashubanyuma]

May we give a specific example

 

[Rutashubanyuma]

In the midst of constitutional doctrine of separation of power between branches of government we still have articles of the same constitution that dilute the doctrine of separation of power

 

[Rutashubanyuma]

We have articles of constitution that permits members of Bench to double as members of the executive

 

[Rutashubanyuma]

Strict adherence to the doctrine of separation of power require such pollution to be stopped by the same constitution but not provoked in the same constitution

 

[Rutashubanyuma]

So do these Articles of constitution really complimentary as the appeals court claimed?

 

[Rutashubanyuma]

Obviously, there's no iota of complementarity but of conflicting

 

[Rutashubanyuma]

Similar conflicts to the doctrine of separation of power are also found in ministers doubling as MPs

 

[Rutashubanyuma]

Or MPs doubling as RC and DCs and members of board of directors

 

[Rutashubanyuma]

To fully understand the intents of the doctrine of separation of power is vital because it the most effective means to fight official graft

 

[Rutashubanyuma]

The doctrine of separation of power strengthens checks and balance and these are tools we need to curb rampant abuse of power and official graft which are now synonymous with post independence regimes

 

[Rutashubanyuma]

My argument has always been changing of political parties in governance is not necessarily leading to good governance and the rule of law

 

[Rutashubanyuma]

We may dispose political parties as Kenya has done after the Kanu was vanquished and mild reforms similar to the ones I am advocating still have not yielded cleaner governance but this is a narrative beyond the scope of this discourse