Africa-Press – Tanzania. THE Minister for Home Affairs, Mr George Simbachawene, Wednesday sealed off the debate on whether making the Immigration Department among forces as proposed by the Attorney General was unconstitutional or not, saying the amendments sought are in proper course.
He told the National Assembly here that it was not true that turning the Department Force offends the Constitution of the United Republic of Tanzania, as those thinking so are misdirecting themselves on the interpretation of Article 147 (4), which provided for definition members of defence and security forces.
This provision reads, “For the purposes of this Article, the expression member of the defence and security forces means a member in the service of the Defence Forces, the Police Force, the Prisons Service or the National Service, whether on temporary or permanent terms.” Therefore, those who misinterpret the provision think that Tanzania should not have another Force.
Here is the interpretation of a member of the force, a meaning of the armies that existed at that time. It was his form position that the permission to form another army was obtained from Article 147 (1) and (2). Sub-Article (1) states, “It is hereby prohibited for any person or any organization or any group of persons except the Government to raise or maintain in Tanzania an armed force of any kind.”
Thus, he said, it was the government with the authority of creating any kind of army and the one who brought the Bill before the House was the government headed by the president. 147 (2) states, “The Government of the United Republic may, in accordance with law, raise and maintain in Tanzania armed forces of various types for the purposes of the defence and security of the territory and the people of Tanzania.”
It was the position of the minister that such Article states that the army could be established in accordance with the law and the law is enacted by Parliament.
“To get the correct translation you will have to refer to Article 151 which gives the meaning of the armed forces,” he said. It was Agnesta Lambati (Special Seat-Chadema) who attempted to pollute the air before the House when she persistently submitted that the attempt to amend the Immigration Act to make the Immigration Department a Force was unconstitutional.
Although she recognizes the good intentions of the government on the matter, the MP expressed her concern that the country would be misunderstood under international relations, if they would allow the transformed immigration department into a full-fledged Force, as that could bring a bad image.
The minister was, however, quick to respond that Immigration in the United Kingdom is an army and is called the UK Border Force and uses weapons, the same as in the United States, India and Australia.
“Therefore, they will see us as what they are and we have tried very hard to be like them,” he said.
The minister explained that what Parliament was doing was to make the Immigration Department a disciplined body to operate under orders and a body functioning as an army under the Command of the Armed Forces, who is the President.
On his part, Mr Joseph Tadayo (Mwanga-CCM,) explained that the Immigration Department has diplomatic, security and defense responsibilities and all other laws recognize such duties.
He pointed out that the law gives them the power to arrest and investigate, all of which are done by the security and defense agencies and even the service commission that takes care of after their interests, that of police and prisons, but they enter into the commission without the same status as others.
“This is confusing, so these amendments sought are necessary as will enable them to work with more authority. The Sixth Phase Government has embarked on major projects that are making Tanzania more involved in international relations,” Mr Tadayo, a lawyer by profession, said.
He pointed out that the oil pipeline project, for that matter, is a project that makes international issues of everyday use.
According to him, even the royal tour currently underway would open up the country, thus, the issue of foreigners entering and leaving the country would also increase.
“Therefore, we must have a department that has the legal authority to assure those who come in and go outside the country that they are in safe hands.
Thus, I agree with the interpretation of the constitution made by my fellow MPs who have contributed earlier,” the lawmaker said. To seal the final nail on the coffin of the debate, Mr Tadayo pointed out that Article 147 is clear about the military definition and that what they were dealing with was not one provision alone, but the whole constitution.
Ambassador Pindi Chana (Special Seats-CCM) congratulated the Attorney General for bringing the amendments sought and that it would be all right for the Immigration Department to become a Force.
He pointed out that the move has been brought a little bit late, considering its importance to the nation.
The lawmaker explained that the Immigration Department helps the country at borders on various matters, including being satisfied if the people entering the country have no criminal records.
Thus, she said, the act of making the Department a Force was very crucial.
