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2007 Assessment

Tanzania: Integrity Indicators Scorecard

Tanzania: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	69
25	Is the executive leadership subject to criminal proceedings?	50
26	Are there regulations governing conflicts of interest by the executive branch?	38
27	Can citizens access the asset disclosure records of the heads of state and government?	50
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	25

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: The Government Proceedings Act Cap 5 Sections 3-5.

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: Sections 17-19 of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap 310

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: Executives habitually give directives of "voluntary" contributions and mandatory requirements for agricultural production, building regulations and lots more than totally bypass the legislative process.

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: There is an interesting current case in which an ex-president has been accused of corruption while in office, and the head of the Prevention and Combating of Corruption Bureau has publicly declared that he is constitutionally barred from investigating the ex-president. Constitutional experts say this is not the case, as immunity is granted only for actions done in his capacity as president, and that immunity does not stretch beyond the term(s) in office.

References: The Constitution of the United Republic of Tanzania

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Constitution of the United Republic of Tanzania

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

Peer Review Comments: The asset disclosure is, however, kept and categorized as secret government information, not available to the public.

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: The act does list some restrictions on making use of privileged information, but it does not in any way restrict ex-leaders from making good on their political networks.

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There are no cases in which ex-leaders have been censured for using their contacts and influences (even while in office).

References: "Mkapa Immunity: The Questions Arise" This Day Sept. 18, 2007 [ LINK ]

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Edward Hoiseah Then Director of Investigation, now General DIrector Prevention of Corruption Bureau July 10, 2003 Dar es Salaam, Tanzania

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: Leaders are required to declare their assets, and the public does technically have the right to access the declaration. To do so, however, they need to state a reason why they want to access the information and, more important, are not allowed to tell anyone what they have seen if they do manage to access the information. They can inform only the Ethics Commissioner if they suspect the declarations are false.

References: Public Leadership Code of Ethics Act 1995, as amended in 2001

[ LINK ]

Peer Review Comments: Although there is legal provision requiring that the executive declare his or her assets, there is no provision requiring such information be made public through means other than declaring them in the appropriate forms. These records are not available for public or media scrutiny, and attempts to get them have received "they are confidential" responses.

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: Citizens can legally access the records, and they have at times been able to do so. But they are also required to state why they want to see them, and most would be very hesitant to ask to see declarations of senior leaders. Repeated visits may be necessary before they are allowed to see declarations, and there is no guarantee that they will eventually be allowed access.

The clincher is that after having seen the declarations, they are barred from telling anyone what they have seen. They can report suspected faults or omissions only to the Commissioner of Ethics, who is responsible for the declarations and is nominally required to check that they are correct.

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

Jack Titsworth Governance Consultant Sept. 20, 2007 Dar es Salaam, Tanzania

Peer Review Comments: This information is filed with the government only, and access is not even open to journalists. It is still being treated as a confidential record.

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Citiizens can legally access the records, and they have at times been able to do it, but most would be very hesitant to ask to see declaratoins of senior leaders and they are also required to state why they want to see them. If they do manage to access the records, the financial cost is reasonable, but if one also take into account the amount of time, effort and sheer guts required, the cost cannot be said to be reasonable. The clncher is that after having seen the declarations, they are barred from telling anyone what they have seen. They can only report suspected faults or omissions to the Commissioner of Ethics, who is responslble for the declarations and is nominally required to check that they are correct.

References: Brian Cooksy,20 September 2007, Dar es Salaam Jack Titisworth, 20 September 2007, Dar es Salaam

Peer Review Comments: I agree that the cost implications are not very negative. However, it is not easy for those who have filed asset records to obtain copies of them; access is limited to records for business registration operations and records that do not involve government leaders.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments:

References: Rakesh Rajani Founding Chairman of Policy Forum Sept. 20, 2007 Dar es Salaam, Tanzania

Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania