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2007 Assessment

Tanzania: Integrity Indicators Scorecard

Tanzania: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	83
30	Are there regulations governing conflicts of interest by members of the national legislature?	14
31	Can citizens access the asset disclosure records of members of the national legislature?	50
32	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The judiciary can review only laws passed by legislature that are presented to them by individuals, not of its own accord.

References: Constitution of the United Republic of Tanzania

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The judiciary has overturned a number of high-profile laws but can review the laws only if and when a case is brought to them by a third party protesting the law.

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

Rwekaza Mukandala Sept. 5, 2003 Dodoma, Tanzania

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: There is no law granting legislators immunity from criminal proceedings.

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

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

[ LINK ]

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: No legal restrictions are in place.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: The Public Leadership Code of Ethics Act is not specific on what are appropriate of gifts and what should be declared.

Peer Review Comments: There was a controversy in recent elections involving hospitality. Most members of Parliament originating from the ruling party were very much in favor of hospitality during elections known as "takrima."

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: The control (not technically an audit) of declarations is supposed to be done on an ad hoc basis by the Commissioner of Ethics, who heads the Ethics Commission, which receives the declarations of assets. There are no known cases where declarations of legislators have been challenged.

30e: In practice, the regulations restricting post-government private sector employment for national legislators 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

30f: In practice, the regulations governing gifts and hospitality offered to national legislators 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

30g: In practice, national legislative branch asset disclosures are audited.

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

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

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

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: Anyone can ask to see the declarations but must give a reason why. Gaining access to records may require repeated visits, and there is no guarantee that access will be given. If citizens do gain access, they are not allowed to disclose to anyone what they've seen but can only lodge concern with the Commissioner of Ethics if they suspect the declaration is not correct.

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

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

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

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

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: Bills, acts and parliamentary proceedings (the Hansard) are available on the Parliament Web site, www.parliament,go.tz.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments:

References: Bills, acts and parliamentary proceedings (the Hansard) are available on the Parliament Web site, [ LINK ].

Peer Review Comments: Although effort has been made to provide access to information through the Internet, access to some sensitive information or documents can take several days. Sometimes access is only given if one takes the trouble to actively seek it.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

References: Bills, acts and parliamentary proceedings (the Hansard) are available on the parliament Web site, [ LINK ].