OPPOSITION IN HOUSE PUSHES FOR WITHDRAWAL OF DISASTER HANDLING BILL

“This Bill contradicts the Disaster Relief Coordination Act and if endorsed by MPs, we will have two laws that talk more or less the same thing,’’TUNDU LISU, OPPOSITION CHIEF WHIP   

By The Citizen Reporter

Dodoma. The official opposition in Parliament yesterday demanded that the government withdraw the Disaster Management Bill, 2014 arguing that it contravenes the constitution.

The opposition also argues that if passed into law, the legislation would take away the constitutional powers of the President to declare the state of emergency.

Presenting the views of the opposition in Parliament, opposition Chief Whip Tundu Lisu said the Bill contravened Article 32 (1) of the constitution which gives powers to the Head of State to proclaim a state of emergency. But according to the new law, the minister has powers to declare the state of emergence when disasters hit.

The new law, according to the opposition’s Chief Whip, where an emergency situation aggregating to a disaster is of such nature and extent that requires extraordinary measures, recommendations shall be made to the minister that a state of emergency be declared for an area or the whole of mainland Tanzania.

According to him, upon the satisfaction by the minister that the emergency disaster warrants proclamation of state of emergency, the minister shall implore the President to invoke powers vested in the President by the constitution to proclaim the state of emergency for an area of the whole of mainland Tanzania.

Mr Lissu told the august House that the contradiction of laws was enough to quash the Bill.

He added that the emergency Powers Act of 1986 and the Disaster Relief Coordination Act were enough to argue their matter.

“This Bill contradicts the Disaster Relief Coordination Act and if endorsed by MPs, we will have two laws that talk more or less the same thing,’’ he insisted.

His sentiments were echoed by Muhambwe MP, Felix Mkosamali (NCCR-mageuzi), Halima Mdee (Chadema) and Special Seats MP Magdalena Sakaya (CUF), among others.

Mr Mkosamali said the Bill indicated that there were many weaknesses in the executive insisting that by giving autonomy to the minister to declare the state of emergency, it was obvious that the cabinet was not serious and that it aimed at jeopardizing the powers of the President.

For his part, Mr Nyambari Nyangwine (CCM) wondered why the opposition was defending the President while for many years they have been demanding that the powers of the office be reduced.

Earlier on, Minister of State in the Prime Minister’s Office (Policy, Coordination and Parliamentary Affairs), Ms Jenester Mhagama, said the new law would establish the Tanzania Disaster Management Agency with full autonomy that would be under the office of the Prime Minister.

CREDIT: THE CITIZEN