WHO'S IN CHARGE QUERIES AS JPM, VP & PM ABSENT?

Uncertainty over a presumed leadership vacuum has arisen following all three top national leaders – the President, Vice President and Prime Minister – being out of the country. President Magufuli travelled to Uganda yesterday to attend today’s swearing-in of President-elect Yoweri Museveni. Prime Minister Kassim Majaliwa flew to London on Tuesday to represent the Head of State at the 2016 Anti-Corruption Summit. Vice President Samia Suluhu Hassan also left for Kigali on Tuesday to join other world leaders at the World Economic Forum on Africa (WEF), which began yesterday. According to the 1977 Constitution of the United Republic of Tanzania, which was amended in 2008, the Head of State could delegate powers to the Vice President, Prime Minister or a Cabinet Minister of his choice. Section 37 (3) states that where the President is out of the country, or is unable to discharge the functions of his office for any other reason, including illness, the duties and functions of the President shall be discharged by the Vice President. If the Vice President is absent, the Prime Minister will discharge the duties. Section 37 (4) states that the Prime Minister shall cease to discharge such duties and functions if the President returns to the country, or his condition improves and resumes duties and functions of the President. Also, the Prime Minister shall cease to discharge the duties if the Vice President returns to the country. However, Section 37 (6) states that the Head of State’s office will not be deemed vacant if the President is absent from the city that is the seat of government. Also the President won’t be absent if he will be out of the country for 24 hours and if he/she is ill but hopes to be better after a short period. According to the Constitution, the appointed official will discharge the duties in accordance with the terms as specified by the President. Section 37 (8) gives powers to the President to direct, in writing, any minister to discharge any functions of presidency as may be specified and the minister shall have the power to discharge the functions in accordance with any directives given by the President. Also the directives given by the President under the provision of the said sub-article that directs any minister to discharge any function of the President shall not be deemed to prevent the Head of State from discharging such functions himself. It was not clear therefore if Dr Magufuli had delegated his powers to a minister. ThePresident, Mr Majaliwa and Ms Hassan were all expected to be away for more than 24 hours. Reached for comment in Dodoma yesterday, Attorney General George Masaju asked for time to consult. He was seen talking to Cabinet ministers Jenister Mhagama and Hussein Mwinyi before leaving Parliament’s debating chamber. He told The Citizen later that the information he had was that the Vice President was already in the country. “I will refer to the Constitution on the matter, but as far as I know, the Vice President is in the country,” he said. Earlier, sources confirmed to The Citizen from Kigali that Ms Hassan was still in the Rwandan capital last evening. Meanwhile, the Minister for Defence and National Service, Dr Hussein Mwinyi, assumed the position of head of government business in Parliament yesterday. He stood in for the Prime Minister.