THE PCCB DIRECTOR GENERAL , DR. EDWARD HOSEA
Tuesday, 07 May 2013 DPP - Special Corruption Courts Not the Answer
7th April 2013 14:11
PCCB WATAKA MAHAKAMA YAO, inawezekana?JAMANI, nimesikia kwenye magazeti kuwa Dr. Hosea ametoa pendekezo kuwa, PCCB waundiwe mahakama yao binafsi, itakayo dili na kushitaki wala rushwa tu. niliona kama hilo ni pendekezo zuri, lakini, why only rushwa? na je? mahakama za tz hizi za kawaida zimeshindwa? hadi waundiwe wao mahakama yao special? na je?, kama corruption in general kama one of the organised crimes, je, ikiundwa mahakama ya rushwa, makosa mengine ya organised yapelekwe wapi:
makosa hayo ambayo yanaendana na corruption ni kama money laundering (usafishaji wa pesa), terrorism, piracy, human trafficking and smuggling and all other sorts of mafia dealings.....
PENDEKEZO LANGU NI KWAMBA, PCCB hadi sasa hawajaonyesha uwezo wowote ule wa manpower au hata experience kuwa na mahakama yao binafsi, na sio special sana wao kuwa na mahakama ya rushwa tu tukaacha izo organised crimes zingine. NAPENDEKEZA KAMA KUNA MAHAKAMA NYINGINE MPYA INAYOUNDWA BASI IUNDWE MAHAKAMA INAYOSHUGHULIKIA ORGANISED CRIMES TU, makosa yafuatayo:
- money laundering
- human trafficking and smaggling
- piracy etc
kwasababu mara nyingi mtu anayefanya kosa la rushwa, lazima kwenye kosa lilelile anasafisha pesa (money laundering), anayefanya human trafficking, mlemle kwenye process kuna rushwa, haya makosa yanategemeana.
tatizo lililopo ni kwamba, ili kesi yeyote ile ya PCCB iendelee, ni lazima wapate consent ya DPP, ndio maana wakichunguza kesi, wanapeleka jalada kwa DPP, anasoma halafu anawapa kibali cha kuendelea. why hadi kibali cha DPP? kwasababu PCCB sio state attorneys (mawakili wa selikali wanaosimama badala ya serikali) ila ni ordinary persons ambao wanatumia mgongo/kibali cha DPP ambaye ni wakili wa serikali kushitaki baadhi tu ya makosa yaliyoko kwenye sheria yao tu na si kwenye sheria zingine.
Tatu, inasemekana hata uwezo au experience ya kuendesha mashitaka ni ndogo kwao, kesi ngapi wameshinda hadi sasaivi? na zaidi ya yote, hata zile za epa pale kisutu, wanawategemea state attorneys toka kwa DPP ambao wameacha majalada yao ya kawaida wakaja kuwapiga tafu pccb ili kuendesha kesi za pccb. AMINI USIAMINI, WAKILI YEYOTE WA KUJITEGEMEA KATIKA MAHAKAMA YEYOTE AKIONA PROSECUTOR NI PCCB HUWA ANASHANGILIA AJABU kwasababu anajua anaenda kushinda kesi.
siongei kuwaponda, lakini naomba serikali ijaribu kufikiria hili, either to empower pccb kiuwezo wa kuendesha kesi, na kama wanaunda mahakama yao basi, ibadilishwe sheria ili kesi watakazoendesha zisiwe zina stick kwenye sheria yao ya 2007 tu, bali hata sheria zingine na mahakama hiyo isiwe special only for corruption, but also for money laundering, and other trans national or national organised crimes.....I hope nitasomeka kama sitapigwa mawe hapa.
Mkurugenzi wa Mashtaka (DPP),Dk.Eliezer Feleshi (kushoto), Dk.Zakayo Lukumai (Kulia) wakifurahia jambo na Katibu Mkuu Kiongozi Philemon Luhanjo (katikati), muda mfupi baada ya kutunukiwa Shahada ya Juu ya Uzamivu (PhD). ya Sheria katika Chuo Kikuu cha Dar es Salaam, hivi karibuni.Picha na Happiness Katabazi
The Director of Public Prosecutions (DPP), Dr Eliezer Feleshi, has said formation of special courts to try corruption cases was not the solution in the struggle to fight the vice in society but what was needed was rather to strengthen the capacity of the existing courts to expedite all trials.Dr Feleshi told the ‘Daily News on Saturday’ in an exclusive interview in Dar es Salaam that the proposal to establish special corruption courts was immaterial. Rather, what was needed was to enhance the capacity of available courts to make them effective.
“Actually, some people have also called for special courts for sexual and gender based violence. For me, these proposals are immaterial,” the DPP said. His views differed with those held by a section of people, including the Director General of the Prevention and Combating of Corruption Bureau (PCCB), Dr Edward Hosea.
He added: “I would say what we need is just an effective judiciary and other law enforcement organs as well as a society interested to see an end to impunity, be it for corruption or any other offences”. Furthermore, Dr Feleshi said he did not think establishing a special court without equipping it, without making the society itself to reject corrupt transactions would be the solution .
“I would appreciate views that we should train our magistrates, investigators and policemen so that when courts hear corruption and fraud cases the matters would be disposed within reasonable time,” said the man well respected for his masterly of criminal law.
He asked: “How many special courts do we have now? I am avoiding being too general because we have a High Court Labour Division as a special division. Has it been able to end or to reduce the labour disputes that are pending in courts?” He concluded, “We have another High Court, Land Division, as a special court, but still you can see drastic increase in cases involving land disputes.”
The position by the DPP comes few days after recent remarks by some people, pushing for formation of a special division for trying corruption cases. In mid last month, the PCCB Director General (Dr Hosea) underscored the need for the introduction of special courts of law to try graft cases in the country, claiming that it would help address the problem and speed up the dilivery of justice. He noted that it was high time the necessary legislation and regulations were put in place to facilitate the establishment of these special courts.
“PCCB should also be given the mandate to handle cases instead of filing charges to the Director of Public Prosecution to expedite case hearing,” said the PCCB chief after opening a workshop on combating corruption for anti-corruption clubs from the city based secondary schools.
Dr Hosea further pointed out that there were a good number of countries which have introduced the special courts on corruption and that the courts have greatly facilitated the campaign against corruption. In what appeared to support the position by Dr Hosea, the Tanzania Private Sector Foundation (TPSF), at a meeting of its stakeholders, recommended the establishment of the court to deal with corruption and improve operation of the private sector in the country.
The TPSF Executive Director, Mr Godfrey Simbeye, said that dealing with corruption cases under the current system caused delays that seriously hurt businesses. According to him, the government should consider the proposal and borrow a leaf from the judicial books in Kenya and Uganda, which have such courts.