Wednesday, November 13, 2013

A legislator queries over newspaper headlines


The Chairperson of the Parliamentary Committee on Constitution Justice and Governance Dr. Pindi Chana has thrown a challenge to some editors of newspapers in the country for writing harsh news headlines which are normally given the precedence in their front pages, saying it is against ethical rules. She said the messages conveyed on headlines for some published stories are rather judgmental and more shocking to readers if compared to their news contents. The Special seat legislator for CCM who professionally is a lawyer gave the concern on Wednesday last wek in Dodoma when contributing on the Written Laws (Miscellaneous Amendments) (No 3) Bill of 2013 which was presented in Parliament for amendments by the Attorney General Frederick Werema. The AG had presented 14 miscellaneous amendments among which was the notorious Newspaper Act of 1976 on which punitive measures had been proposed for endorsement by Parliament contrary to the expectation of the media professionals who thought that it might have been repealed to allow freedom of expression for the media industry in the country. In her contribution she castigated the habits being practiced by some newspapers which have the tendency of breaching ethics and instead use the newspapers to denounce people’s dignity, or certain groups of well-known people in the country for no any cause, a situation that is likely to breach peace in the country. 


Tanzania's Attorney General Frederick Werema

“We recognize the importance of media organs especially when it comes to national development plans, but it has come to my attention that some of these organs are used  by people to breach peace” she said and appealed to the media owners to stop the habit otherwise the government would continue suspending their publications as stipulated in the Newspaper Act. Apart from the newspapers, in addition the legislator also flouted film makers and described their contents as some of which diminish a role model of our national culture and traditional values. Ignoring long calls by media stakeholders to repeal the 1976 Newspaper Act, the government tabled the amendment of the Newspaper Act and on top of it had proposed stiffer penalty to be introduced to wrong doers in order to deter others from committing the same offence, the AG told the house on Thursday morning when narrating into details the government’s intentions over the Act. He said there are some Tanzanian newspapers which violates the law and go far to the extent of breaching the freedom of expression a result of which might cause violence among members of the community. He gave an example of the international media organizations such as CNN and BBC which he said have never disclosed the names of their security agents while in operation, neither have they tempted to disclose their military operations activities in anyway However, he further noted that those are such matters of the top secrets which have no need for publications in any country. He stated that, due to the increased habit by some newspapers in the country of practicing such mistakes, the government has proposed a whopping 5m/- fine against the current 150,000/- charged for publishing a hate speech and/or three years sentence contained in the current Act as a regulation as the penalty would block publication of ‘hate speeches’.

Parliament asks for a media bill in its next session


THE National Parliament last week disregarded the government’s proposal to amend a clause of the Newspaper Act No. 229 and instead it has requested for the media bill to be brought for discussion in the next parliamentary session.  The Act is among the 14 which have been outlined in the Written Laws (Miscellaneous Amendments) (No 3) Bill of 2013 which earlier was presented in Parliament by the Attorney General Fredrick Werema on Thursday last week. The decision by Parliament was reached after a long debate on the issue whereby some legislators stick to their guns and queried the rationale of not having the media bill tabled since it was first entered in the Parliament in 2006. Contributing a debate over the issue before the decision came over, some legislators most of whom of the ruling party challenged the idea and queried the rationale why the media bill is not brought for discussion in Parliament. In her contribution Jenister  Muhagama (CCM) Paramiho noted that, it was high time now for the government to have the media bill discussed and if possible have the old clauses removed or amended as in accordance with the procedures in order to reform the media sector. The legislator suggested the whole bill be discussed and not some section of it or clauses as there are a lot to be amended since the last Act of a newspaper which was passed by Parliament in 1976. “We are strongly disappointed to see that for years now the media bill which had been in discussion as handled by various ministers now for eight years is not yet in place” she queried and asked the Parliament to do away with the presented amendment until a full media bill is brought for discussion. Peter Serukamba (CCM) Kigoma town, who supported the move also asked the Parliament to discuss the whole media bill and do away with the clauses within the Act. However, he asked the Parliament to remove part 8 of the amendment section 36 (1) and 37(1) b as endorsed in the government’s written laws. The sections had proposed a stiffer penalty of Sh. 150,000 which should be substituted by Sh. 5 million a fine for a newspaper that shall be found guilty of incitements emanating from hate speeches. According to Serukamba, this was a severe punishment  imposed for the media, and in view of this, has asked the government though the Ministry of Information to present the media bill which would also have other matters discussed and settled properly for the media industry in the country.   


Minister for Information, Youths and Sports Dr. Fennela Mukangara

He questioned the Parliament to note that, the endorsements of the proposed fines by the government was not properly done bearing the fact that there are a lot which need to be discussed in the whole media bill and which could need some reforms.The National Speaker Anne Makinda who had agreed with the majority contributions raised by legislators concluded that, there was a need of having the whole media bill tab led in her Parliament during the 13th session which starts in early Dec ember.  Before she winded up a debate, the speaker asked the Minister for Information to say how far office has gone in preparing the media bill, and in response, the Minister in charge Dr. Fenella Mukangara told the house that, the cabinet secretariat in her office was finalizing the draft bill. However, she further clarified that and added that when it is ready would be coordinated with the Media Council of Tanzania (MCT) before its approval, and after which would be ready to be presented in Parliament for discussion.  Meanwhile, the Parliament has approved the recommended proposed penalty for the Film and sports Act as earlier presented in the Written Laws (Miscellaneous Amendments) (No 3) Bill of 2013 by the Attorney General. The House has endorsed a penalty of Sh. 3 million instead of Sh. 5 million fines as earlier proposed in the government’s draft. Earlier, debating on the issue, the Shadow Minister for Justice Tundu Lissu (Chadema) Sjngida East queried the rationale of the amendments for the Act and yet since it was last amended in 1976. Lissu was on the view of the fact that, there was no need to substitute a penalty owing to the fact that, it has never worked in the country as no one in the country has been convicted of any offense. However, he said that, this was not fair and wanted the government to remove the proposal as it discourages most film fans in the country. Debating on the matter, the CCM legislator Special seat, Esther Bukaya upheld Lissu’s idea and requested the government and the office of the Attorney General to remove the penalty imposed or reduce it as most Tanzanian youths are now engaged in film making As part of their self employment.

An MP flouts Kikwete’s government for being not aggressive


A  Member of Parliament has said that, lack of aggressiveness is among the factors which have made Tanzania to be slow in quick decision making process, hence failure to keep abreast with other East African countries towards the accomplishment of regional integration process. Nimrod Mkono (CCM) Musoma rural made the concern on Thursday last week in Dodoma after the Head of State had just addressed the Parliament on the Tanzania’s stand over East Africa Community integration. Mkono was commenting on the President Jakaya Kikwete’s speech. Kikwete delivered a speech to Tanzanians through Parliament in order to clear worries among some Tanzanians amid rumours that the country might pull out itself from the regional bloc. Mkono noted that, Tanzanians are too slow to make decisions on the outlined areas of cooperation in the jurisdiction of the community, an aspect that fellow member states such as Kenya, Uganda and Rwanda have resolved to cooperate together to accomplish the task on their sides. However, he said that Tanzania has to learn the capitalist principles of economy in order to keep abreast with global economy and do away with socialist ideologies which he said is still dominating mindset of most leaders in the country. “You can’t expect someone who is running to wait for you” he said giving specific examples of the three member  states who probably might have e seen Tanzania is lagging behind for being not ready to make quick decision on agreed basic fundamental issues of cooperation among members. Other MPs received the speech in different perspectives. In an interview with , John Shibuda (Chadema) an MP for Maswa West hailed President when contacted and noted that, he has defended the development of the social community when he said land will continue to be the property of Tanzanians. However, he also hailed other things like when he said the right of indigenous employment as well as the issue of immigration. With the latter issue the President meant curbing illegal immigrants, these would stand as they are as per the country’s constitution demand. “These are the fundamental rights which the Father of the Nation the late  Mwalimu Julius Nyerere was fighting for during his lifetime” he said adding that, Tanzanians should not be tampered to disengage their mindsets as some of the EAC regional member states are envious to have control with them. He congratulated his speech for being diplomatic and well understood contrary to other ministers whom he didn’t mention saying were misleading the public on Tanzania stand over the issue. 


A Member of Parliament for Musoma rural, Mr. Nimrod Mkono

Moses Machari an MP for Kasulu (NCCR-Mageuzi) said that, the President complained too much about being sidelined by other fellow member East African states, but should have taken one step forward to make negotiations on the table with partners to see what could be done to lure their mindset. Machari who has hailed the government’s initiatives to curb with acts of poaching and wanton felling of trees in our national reserve forests, has advised the government to make negotiations on the table and suggested no need to have an international mediator to intervene and solve the matter as it is too early. He said what the three countries are doing is not good at all bearing the fact that, Tanzania is the founding member since the establishment of the former regional bloc in mid 1960s before it collapsed in 1977, and later on  revived in 1990s. On his part, the Iringa town legislator (Chadema, Reverend Peter Msigwa insisted that the government should do all it could in order to take to task all those suspects who have been arrested on allegations leveled against them as related with economic sabotage during the a national operation dubbed ‘Tokomeza’ which the President has promised. Msigwa who is the shadow minister for Tourism and Natural resources noted that, although the government has suspended the operations indefinitely, he is optimistic that, it would take to task all those implicated in various scandals as related with poaching and wanton felling of natural forests. Andrew Chenge an MP for Bariadi West (CCM) stressed the need for the government to stick into regular meetings as organized by EAC secretariat. Chenge is on the view of the fact that, Tanzania government should not be threatened by meetings organized by the three Presidents of fellow member partners as the EAC has its own special meetings. Chenge once the country’s Attorney General has also served as a Minister for East Africa Community portfolio  in 2006, stated clearly that, what governs the EAC regional bloc is the secretarial meeting which is consisting of enough technical experts to make control of all matters signed for the sake of the community, and in view of this there is no doubt that Tanzania might lose its position. However, he has hailed the President’s speech and noted that what the President said is an overview of what is happening in the community and that Tanzanians should not worry anything about the community as the integration process of a regional bloc is peopled centered as in accordance with the treaty signed. Among the hot matters that the President informed the National Assembly on Thursday was the issue of Tanzania being sidelined following controversial meetings which have been held secretly by three heads of member  states of Uganda, Rwanda and Kenya. The President issued a government stand and assured Tanzanians that, Tanzania will never quit the East African Community and will do everything in its power to ensure it survives and becomes prosperous despite efforts by three fellow member states to sideline. He told a full House: “We are in the EAC to stay. We have come from so far. We have sacrificed too much to give up now. We will do everything in our power to make sure the EAC survives and achieves its ultimate goal of political federation.”

Parliament approves constitution review amendment No. 2 Act


AT last the National Assembly has approved the long awaited Constitution Review Amendment Act which will now allow together with other things, the public dialogue of the second draft of the national constitution with civil society members in the constituent assembly scheduled to start in early January next year. The approval of the Act came after the majority of the Parliamentarians including those of the opposition camp unanimously agreed with the amendments of certain provisions in the Act which earlier the opposition camp had refused to accept when the Act was endorsed during the 12th sessions. The bill to amend the Act was earlier tabled in the house for discussion in Friday evening this week by the Minister for Justice and constitutional Affairs Mathias Chikawe and passed by Parliament on Saturday last week. The demand for the amendments of the Act was earlier raised in Parliament in its 12th session by the opposition camp who had refused to accept it on the grounds that it had some provisions which according to them had favoured the ruling CCM party and had no public interest. Following their demand, the opposition parties with their representations in Parliament led by the leader of the opposition camp who is also an MP for Hai constituency Freeman Mbowe (Chadema)  formed a coalition alliance of all political parties with a view to incite people countrywide to boycott the Act and at the same time requested President Jakaya Kikwete not to sign the bill to become the Act. After having seen their movements, President Kikwete made an appointment to meet the leaders with the opposition parties with representations in parliament for discussion over the matter. In their last meeting which was held in 13th October this year, the two parties had agreed on certain matters some of which were endorsed on the Act while some were not fulfilled. 


The leader of the opposition camp in Parliament and the Chairman of the Chadema party Mr. Freeman Mbowe.

Earlier the views presented by the opposition alliance of a technical committee to the President for a review were the increasing the number of individual participation from the various civil society groups to 292 instead of 166 as earlier endorsed in the former bill. Despite of this, he is happy to see that this number has been raised to 201.  Others were the members of the Warioba’s Constitution Review Commission team to b e retained and included in the Constituent Assembly, and the president should not be given the audacity to select individual members from the civil society groups to attend a constituent Assembly, and instead in this aspect t should be left for themselves to choose. Another one was insufficient awareness about the constitutional review process which the opposition camp had claimed that, was not given proper attention to the people in Zanzibar, and some other provisions in the bill which they said needed an urgent amendment before its final approval. Earlier when contributing to the bill in Friday evening, the opposition camp leader Freeman Mbowe than ked the government as it had overlooked the matter and had made some corrections to certain matters agreed and some had not.  The  leader of the opposition camp, Freeman Mbowe said that, about 67 percent of their demands have been fulfilled and that, he has thanked the president for his cooperation which he showed when he dealt with the issue. “I am happy to se that the government has listened to our wish though all that we wanted have not  been endorsed, the it shows a spirited move that now Tanzanians should expect a good future of their constitution” he said.

Suspension of private statement on illicit drug Act worries legislators


Confusion reigned among some legislators last week in Dodoma over the decision by the Deputy Speaker Job Ndugai who on 6th refused to have a private statement earlier presented in the National Assembly by Esther Bulaya special seat (CCM) be tabled for discussion due to unlimited time. Earlier, a special seat legislator had issued a private statement as in accordance with the parliamentary standing order No. 28(8) requesting the government to amend the Drug Act and at the same time to establish a special court which would specifically deal with suspects of illicit drug traffickers and drug barons in the country. Investigations has shown that, there are some legislators who wanted the statement to be tabled for discussion in Parliament due to its sensitivity. But to their dismay, their anxiety were dashed off when the Deputy Speaker announced in the house that he had no enough time for discussion and instead would issue a statement later as concerns with the matter before he adjourns the session. But it is very unfortunate that the Deputy Speaker did not fulfill a promise.Speaking in an exclusive interview an MP for Mwibara (CCM) Alfaxard Kangi Logola said that, although the Deputy Speaker has used the House Standing Orders as bestowed upon him either to allow the discussion go on, or to postpone it, the parliament has to make sure that, it imposes a severe punishment in order to stop illicit drug use and trafficking in the country. Debating the matter in earlier opening sessions before an interruption to get a directive from the presiding deputy speaker which was enquired by Simanjiro legislator (CCM) Christopher Ole Sendeka, Lugola who seem to be deeply concerned with the issue said that illegal drug trafficking across the border has tarnished the good image of the country globally. However, he wanted the parliament to debate over the issue and if possible name the people who earlier were said to be known among members of Parliament that are engaged unlawfully with the illegal business of illicit drug trafficking. Several interviewed legislators have supported the notion with some saying that, the issue has got the right of discussion as it is a national issue, and apart from that, it’s being frowned upon by other nations notably China whereby drug traffickers once caught and found guilty are faced with death penalty. In a 17 paged private member’s statement in Parliament Bulaya had suggested that the Act be amended so that there should be included other offenses like transporting, selling of use of chemical precursors which are used to produce illicit drugs.

Special seat (CCM) legislator Esther Bulaya.

She believes that the introduction of a special court division in High Court to deal with drug dealers would help to speed up cases in relation to illicit drugs as some of which according to her have been delayed for a long time without unspecified reasons. Bulaya, a journalist by profession is on the view of the fact that the government should improve the drug and Prevention Act so as to introduce an independent body with full power and authority to lead the fight against narcotic drug trade dealers. However, she added that a special division like that which deals with land disputes and commercial cases should be set up at the High Court to deal with drug traffickers. In an exclusive talks  Bulaya has also asked the parliament to make amendments on some of its standing orders especially that section which she said allows the Speaker of the National Assembly to either decide whether private statements should  be discussed in parliament or not. However, in this aspect, she has requested the parliament to overlook at the sensitivity of the matter or an issue once brought before the Parliamentary committee for approval before taken to parliament for discussion if have interest to the general public and the nation at large. With Tanzania on spotlight over spiraling drug trafficking, the Minister of State in Prime Minister’s Office (Policy, Coordination and Parliamentary Affairs),  William Lukuvi said recently that, the government has now invited stakeholders to give views that could pave way for the enactment of a more stringent law to curb the menace.  Lukuvi was speaking at a news conference where he noted that the government’s intention was to allow individual groups to contribute their views  which could facilitate the drafting of a  new Bill to repeal The Drugs and Prevention of Illicit Traffic in Drug Act” Chapter 95 together with the Miscellaneous Amendments No. 2 of 2012 which are in use today. He added that such contributions would help the attainment of an effective new Act sufficient enough to enable law enforcers in the fight against the increased phenomenon which has tainted the country’s image globally. He further argued that the stakeholders would be allowed to contribute views which are not in the current Act with the aim of ensuring the attainment of a better Act that could have an overall control of curbing and preventing the whole problem which has become a subject of debate across the country. According to Lukuvi, the government realizes the need to wipe off the current law and enact a new one which could help bring positive changes to curb increased drug sales. He also outlined other measures to be introduced, such as establishment of an independent organization with overall control of prevention and combating illegal trafficking, including sale and the use of narcotic drugs across the country.