Former
Controller and Auditor General (CAG) and Mzumbe University Alumni Chairman,
Ludovick Utouh, speaks at a meeting with alumni from the class on November 16, 2018.Photo:
Courtesy
By Adonis Byemelwa
Dar es Salaam - The mandate that ministers must also be Members of Parliament (MPs) is
leading many to neglect their legislative responsibilities, prioritising
government duties instead. This concern was raised by Ludovick Utouh, former
Controller and Auditor General (CAG) and current director of the Wajibu
Institute, during an interview with Clouds FM on Wednesday, July 24, 2024.
Utouh pointed out that the dual
responsibility of serving both the government and Parliament can be
overwhelming for ministers. He explained that when an MP is appointed as a
minister, they often find themselves torn between their duties to the electorate
who voted them into Parliament and their obligations to the executive branch,
which appointed them to the ministerial position. According to Utouh, the
additional perks associated with being a minister often led to a prioritization
of executive responsibilities over legislative ones.
"Being a minister comes with
substantial perks, which are often more lucrative than those of a regular MP.
Naturally, this can lead to a tendency to prioritize ministerial duties,
sometimes at the expense of parliamentary responsibilities," Utouh noted.
"When elected as an MP, one serves the legislative body, but upon being
appointed as a minister, the focus shifts to serving the executive branch. This
shift can lead to neglecting the very institution that enabled one to become a
minister."
Utouh recalled that during the
constitutional review process led by Justice Joseph Warioba, there were
discussions about removing the requirement for ministers to be MPs. The Warioba
Constitutional Review Commission had proposed that this dual role could be
streamlined to improve efficiency and effectiveness. The commission suggested
that if an MP were appointed as a minister, they should resign from one role to
focus fully on the other.
However, despite these
recommendations, the draft constitution debated by the Constituent Assembly
continued to enforce the requirement under Article 116 (1)(d) that a minister
or deputy minister must be "a Member of Parliament of the United Republic."
Utouh emphasized that this system can impact the efficiency of governance, as
the responsibilities of a minister are extensive and demand full-time
attention, similar to the commitments of an MP.
Reflecting on practices in larger
democracies, many countries have adopted systems where ministers are not
necessarily drawn from the legislative body. For instance, in the United
States, members of the executive branch, including cabinet members, are often
appointed from outside the legislative assembly, allowing them to focus solely
on their executive duties.
This separation of powers can enhance
accountability and efficiency, as it prevents the potential conflict of
interest that arises when individuals serve both as legislators and as members
of the executive.
In the United Kingdom, while it is
common for ministers to be drawn from Parliament, there has been ongoing debate
about the effectiveness of this practice. The dual role can sometimes lead to
similar conflicts of interest and challenges in managing both responsibilities
effectively.
As Tanzania continues to adhere to its
current constitutional framework, Utouh suggested that ministers should
effectively utilize their assistants to represent them in their constituencies.
This would help ensure that their legislative duties are not entirely
neglected.
The ongoing discussion highlights the
complexities and challenges of governance structures and the importance of
aligning roles and responsibilities to ensure efficient and accountable
government operations. The experiences from other democracies provide valuable
lessons for Tanzania as it seeks to balance the demands of executive and
legislative functions within its unique political and constitutional context.