zitto zuberi ruyagwa kabwe vs job ndugai speaker of the national assembly another 2021 tzhc 9535 7 october 2021

zitto zuberi ruyagwa kabwe vs job ndugai speaker of the national assembly another 2021 tzhc 9535 7 october 2021

The C.A.G.'s immunity under Article 143(6) is limited to actions performed in the discharge of official duties as defined by the Constitution. The statement made during the media interview was not part of an official report or function protected by immunity. Therefore, the Speaker acted within constitutional and statutory powers in summoning the C.A.G. to appear before the parliamentary committee.

Citation
zitto zuberi ruyagwa kabwe vs job ndugai speaker of the national assembly another 2021 tzhc 9535 7 october 2021
Parties
Petitioner: Zitto Zuberi Ruyagwa Kabwe; 1st Respondent: Job Ndugai Speaker of the National Assembly; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 October 2021
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Parliamentary Privilege, Freedom of Expression, Immunity of Public Officers, Separation of Powers
Source Language
English
Constitutional Law Administrative Law Parliamentary Law Parliamentary Privilege Freedom of Expression Immunity of Public Officers Separation of Powers

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Parties

Zitto Zuberi Ruyagwa Kabwe

Petitioner

Job Ndugai Speaker of the National Assembly

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the Speaker of the National Assembly has constitutional power to summon the Controller and Auditor General (C.A.G.) to appear before a parliamentary committee regarding statements made in a media interview
  2. 2 Whether the C.A.G. is protected by immunity under Article 143(6) of the Constitution in relation to such statements

Ratio Decidendi

The C.A.G.'s immunity under Article 143(6) is limited to actions performed in the discharge of official duties as defined by the Constitution. The statement made during the media interview was not part of an official report or function protected by immunity. Therefore, the Speaker acted within constitutional and statutory powers in summoning the C.A.G. to appear before the parliamentary committee.

Court Disposition

petition dismissed