The opposition camp in Parliament yesterday advised civil servants who have been suspended by Cabinet ministers to ask the High Court to nullify the decisions on grounds of being illegal.
The opposition spokesman for the ministry of Justice and Constitutional Affairs, Mr Tundu Lissu, said in the House that ministers were operating in contravention of the Ministers Discharge of Ministerial Functions Act of 1980.
He was presenting the camp’s speech on the ministry’s 2016/2017 budget estimates, which was tabled in the House yesterday.
According to Mr Lissu, the ministers have no power to suspend anyone until the Head of State publishes a ministerial instrument in the government Gazette.
“So, these MPs have no legal power to act as ministers. Their suspensions of civil servants in various regions are thus illegal, and so, I call upon all victims to challenge the suspension as well as sacking in the High Court,” he said. The Act enables the President to identify departments, activities and other issues. It also enables the Head of State to identify the date for starting the implementation of various governmental activities.
According to Mr Lissu, the minister for Justice and Constitutional Affairs, Dr Harrison Mwakyembe, Permanent Secretary, Prof Sifuni Mchome and his deputy, Mr Amon Mpanju,are all lawyers but have failed to advise the Head of State peoperly on the important legal issues. “I am advising President Magufuli to send these three officials packing, beause they have failed him,” he said.
Mr Lissu also expressed dismay over what he describes as the country pursuing dictatorial tendencies. “President Magufuli is treating this country like his own property; he must respect the constitution and adhere to the rule of law,” said Mr Lissu. He said the government had highjacked Parliamentary priviledges and that Parliament was taking orders from the top. “It is obvious that this House is now toothless, because the government is doing everything in its powers to weaken it. This is contrary to the principles of good governance,” said Mr Lissu.
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