Dodoma. ACT-Wazalendo leader Zitto Kabwe has welcomed a Court of Appeal ruling declaring unconstitutional the five-year tenure previously prescribed for the Controller and Auditor General (CAG), saying the decision strengthens the independence of the country’s public accounts watchdog.
In a statement following the court’s decision on October 6, 2026, Mr Kabwe said the ruling also confirmed that the removal of former CAG Prof Mussa Juma Assad in November 2019, on the grounds that his term had expired, was unconstitutional.
The court dismissed the government’s cross-appeal challenging the earlier findings, while also rejecting Mr Kabwe’s appeal seeking further remedies, including Prof Assad’s reinstatement.
“The ruling confirms that the tenure of the CAG is governed by the Constitution,” Mr Kabwe said.
He said Article 144(1) of the Constitution gives Parliament the authority to determine the retirement age for the holder of the office but does not empower it to impose a fixed term of office.
According to Mr Kabwe, removal of a CAG before retirement can only take place on grounds provided for under the Constitution and through the procedure involving a special tribunal established in accordance with the law.
The court also rejected an argument that Prof Assad’s removal could be considered lawful because the legislation used at the time had not yet been declared unconstitutional.
Mr Kabwe said accepting such an argument would effectively allow unconstitutional interference with the tenure of constitutional office holders.
“This is the protection we went to court to defend,” he said.
The CAG audits and reports on the use of public funds, making the independence of the office central to public financial accountability, Mr Kabwe said.
He argued that constitutional security of tenure allows the holder of the office to perform his or her duties without fear of removal by the government.
“A President cannot lawfully remove a CAG simply because a five-year period has expired,” he said.
However, Mr Kabwe expressed disappointment that the court did not grant remedies to address the consequences suffered by Prof Assad following his unconstitutional removal.
The court declined to order his reinstatement, saying his successor had been lawfully appointed under Section 4 of the Public Audit Act and that reinstating Prof Assad would result in two people holding the same office.
It also declined to award compensation, reasoning that the case concerned a constitutional public office rather than an ordinary employment dispute.
The court made no order on costs.
Mr Kabwe said he respected the court’s decision but disagreed with its position on the remedies available to Prof Assad.
“In my view, defending the Constitution should also include addressing the harm caused by its violation,” he said.
He noted that Prof Assad had been removed before reaching the lawful retirement age, yet the court did not order his reinstatement or compensation despite finding that his removal was unconstitutional.
Mr Kabwe said the ruling therefore provides protection for future holders of the CAG office but does not fully address the consequences suffered by Prof Assad.
“My lawyers will continue to take appropriate steps to address this issue,” he said.
Mr Kabwe nevertheless said the constitutional position established by the ruling was significant, particularly the finding that the five-year term, renewable once, under Section 6(1) of the Public Audit Act was unconstitutional.
He said the decision also confirmed that Prof Assad’s removal on that basis was unconstitutional.
“These decisions strengthen the independence of the CAG and accountability in the management of public funds,” Mr Kabwe said.
“We went to court to defend the Constitution. On these fundamental issues, the Court of Appeal has agreed with our position.”
He concluded that the ruling should prevent future interference with holders of the CAG office on the basis of an arbitrary fixed term.
“No future President in this country will dare interfere with anyone holding the office of CAG,” he said.