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Friday 26 September 2014

PCCB MISSES SLOT IN KATIBA


Dar es Salaam/Dodoma.  The Prevention and Combating of Corruption Bureau (PCCB) does not get a mention in the Draft Constitution unveiled in Dodoma despite the recommendations of eight committees, The Citizen has learnt.
The final draft presented by Mr Andrew Chenge on Wednesday is silent on the PCCB’s standing in the envisaged Constitution—casting doubt on whether there is a genuine commitment to tackle corruption, which has cost the nation dearly.
A quick review of the final Draft yesterday established that none of the 274 sections of the document touches on the graft body.
The bureau currently enjoys a mandate to operate on Tanzania Mainland but lacks the power to investigate or arrest any suspect who commits corruption-related crime in Zanzibar.
The Citizen could not independently establish why PCCB was left out in the final draft of the proposed Katiba. Efforts to reach Mr Chenge and CA Chairman Samuel Sitta bore no fruit.  
But a CA source, who spoke on condition we don’t divulge  their name said:  “There’s a fresh move to include PCCB in the final Draft after a section of the members questioned why the institution was left out.”
According to the source, a word was sent to MCAs yesterday from  the CA’s chair’s office that  the inclusion of a chaper on the PCCB should be re-condidered.
There has been a long-running clamour to have the PCCB declared independent with a mandate granted by the constitution. The institution currently works under the Office of the President and handles Good Governance. 
The Citizen analysed the final draft tabled in the Assembly on Wednesday and established that the PCCB features nowhere.
 The director-general of the bureau, Dr Edward Hoseah, did not respond directly to questions, simply saying: 
“Just read the proposed Draft…you will get the truth there. If I comment, those tasked might think I have vested interests…let the people decide what kind of institution they want.”
The Citizen reliably established that eight committees recommended strongly that, in order for the nation to put up a credible fight against corruption, the PCCB should be granted a constitutional mandate—a move that would give the anti-graft watchdog more powers and independence.
The constitutions of Kenya and South Africa have this provision, according to impeccable sources in the eight committees, and there were proposals that Tanzania follows suit. 
Kenya’s anti-graft squad has the constitutional power to carry out investigations and arrest and prosecute suspects without seeking the consent of the director of public prosecution.
The head of the anti-corruption unit is not a political appointee and is recruited through a rigorous process involving a series of interviews and vetting and approval from an oversight body that has also been formed constitutionally.
The Kenya Anti-Corruption Advisory Board then puts forward the names of those best suited to top leadership of the anti-corruption body, which are then forwarded to Parliament for approval. The President formally appoints the nominees once Parliament gives its okay.
 Corruption has become a major obstacle in the country, making justice an expensive commodity—especially for the poor—while affecting the economy heavily.
PCCB has been advocating more autonomy in the past few years—including powers to investigate and arrest and prosecute suspects. But critics, mainly in government circles and the ruling party, have been reluctant to approve such a move.
Last year, former Principal Judge Fakhi Jundu strongly opposed the idea of granting PCCB more power without first going through the DPP’s office.
CREDIT: THE CITIZEN

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