We have no powers to prosecute - CAG

Written by ABDULWAKIL SAIBOKO 

THE Controller and Auditor General (CAG), Mr Ludovick Utouh has stressed on the need for the Prevention and Combating of Corruption Bureau (PCCB) to launch independent investigations on issues that arose in his reports for further legal action.

Mr Utouh's plea comes amid criticisms against the bureau for failure to take immediate action after CAG reports revealed elements of corrupt and fraudulent practices in public offices. Mr Utouh, who was speaking over the weekend during a seminar for the media and not-for-profit organizations organized on how to monitor and report corruption issues raised in audit reports, said that his office has no powers to prosecute.

"There is nothing wrong with PCCB initiating their own investigations on our reports because my office has no prosecution powers and thus when conducting audits we do not gather evidence that can help in prosecution," he said. Mr Utouh further noted that it would be very unfair if the CAG was given all the powers because it would be like a "one man show" and perhaps undemocratic.

"In all democratic states there are checks and balance systems and when the CAG is bestowed with all powers then it will defeat the purpose because he may abuse the powers," he said. The CAG noted, however, that in case a matter that emanated from CAG report is taken to court by PCCB the CAG office is called in as a witness.

"Our audit system follows the Westminster Model but there are other audit firms which follow Napoleonic Model which comprises a team of judges who can prosecute after unearthing corrupt practices," he said. The Media Council of Tanzania (MCT) Publication, Research and Documentation Manager, Mr John Mireny cautioned journalists over reporting issues in the CAG report that are already under probe by the PCCB.

"The current situation may land media in court over contempt of PCCB as the law states that once the matter is being probed by PCCB the media will not continue to write," he said. He called on journalists to always remember to crosscheck with PCCB in order to be on the safe side.

Source: Daily News (17/09/2012): http://www.dailynews.co.tz/index.php/local-news/9614-we-have-no-powers-to-prosecute-cag