AfricaPress-Tanzania: PARLIAMENT has approved a much-anticipated bill, giving the President and other top leaders “absolute immunity” from both civil lawsuits and criminal prosecution in any court of law during their term in office.
The President of the United Republic, Vice-President, Prime Minister, Speaker, Deputy Speaker as well as Chief Justice will hold immunity against any legal proceedings and they cannot be accused or sued.
According to the Bill, any civil proceedings against the leaders on their capacities will now be filed against the Attorney General.
Attorney General, Prof Adelardus Kilangi asked the Parliament to debate and endorse the proposed Written Laws (Miscellaneous Amendments) (No.3) Act, 2020 for its second and third reading.
Mohamed Mchengerwa, Chairman of the Parliament Committee on Constitution and Legal Affairs presenting the committee opinion seconded the AG propositions.
He said the committee’s decision was based on their recent interactions with legal stakeholders that involved a coalition of 220 civil society organisations under the Legal and Human Rights Centre (LHRC). Others included Tanzania Law Society (TLS) and 210 other stakeholders who had met with a non-governmental organisation—Twaweza. According to the Chairman, the AG is hired purposely as a legal advisor to the government.
“Since the Attorney General is hired for this job doing so will be implementing part of his principal duties according to the law,” said Mchengerwa.
Initially, the AG had informed the House that the new amendments are in conformity with the content of the immunity for senior government leaders against prosecution.
The proposed amendments also included amendment of the President Affairs Act, Cap 9. The new changes propose that civil proceedings instituted pursuant to the section shall be instituted after the President ceases to hold Office of the President.
“The provisions of the Civil Procedure Code shall apply in respect to the civil proceedings against the retired President,” said the AG.
Some countries which have adopted such provisions include Uruguay, Togo, Syria, Sudan, Senegal, Rwanda, Russia, Niger, Namibia, Myanmar, Madagascar, Lebanon, Kazakhstan, Ireland, France, Côte d’Ivoire, Burundi, and Equatorial Guinea.
