Tibaijuka: This is how I acquired my wealth

Dar es Salaam. Drama continued to unfold at the public Leadership Ethics Tribunal yesterday, as two former ministers took contrasting positions on the summons to interrogate them over Sh1.6 billion that each of them received from a local busnessman deeply invloved in the Sh306 billion Tegeta escrow account scandal.

Former Lands minister Anna Tibaijuka submitted to being grilled over the cash received from VIP Engineering and Marketing Director Mr James Rugemalira.

However, for the second day running, Mr Andrew Chenge declined to be subjected to the interview and announced he would be seeking a High Court ruling on the matter.

The Bariadi West MP and one time Attorney General challenged his interrogation on Wednesday and disputed yesterday’s ruling by a three-man bench of the Tribunal to continue with the process. He argued that the Tegeta escrow matter was before the court.

Mr Chenge quoted an injunction issued by the High Court in November last year which, among other things, barred Parliament from debating the escrow report that was scheduled to be tabled by the Public Accounts Committee (PAC).

But Prof Tibaijuka, who is the Muleba South MP, declared she would cooperate and went ahead to give a dramatic account of her wealth during the three-hour interview at the Tribunal’s sitting in Dar es Salaam. She brought along Mr Rugemeleza Ishara as his lawyer and two witnesses, among them a former chief secretary and ambassador, Mr Paul Rupia.

According to the chairman of the Ethics Tribunal, Judge (rtd) Hamis Msumi, the court order did not bar the Tribunal’s secretariat from deliberating on the escrow account issues as it was specific on its respondents. He said the Ethics Tribunal was not one of them.

But the former AG intervened quickly and asked the tribunal to let him prepare a formal application to submit before the High Court to seek interpretation of the court order before being grilled.

“If the Ethics secretariat’s lawyers had done their homework well, I don’t think we could have reached this stage. I will therefore move to the High Court because I have that right,” he said, adding that he had no time to argue with the secretariat.

His submission was accepted by Judge Msumi who directed him to file an official application to the High Court. He is expected to file for an injuctive order pending the court’s determination of his petition. Mr Chenge, a Harvard University graduate represented himself before the tribunal.

Prof Tibaijuka appeared before the tribunal at 12.30pm and spent three hours defending herself. Prof Tibaijuka was grilled by three lawyers of the secretariat.

Asked about the transactions she made on her Mkombozi Bank account on the money she claimed was requested for the purpose of servicing a loan she took from Bank M for construction of domitories at Barbro Johnson Girls Education Trust, Prof Tibaijuka appeared to give conflicting statements that prompted her lawyer step in and to help set the record straight during re-examination.

During a cross examination, ethics secretariat lawyer, Ms Getrude Cyriacus wanted her to give clarification as to why she made various transactions which included among others, Sh26 million that were used to buy shares at Mkombozi Commercial Bank.

Prof Tibaijuka stunned the audience that was following the proceedings when she said she had withdrawn Sh10 million to buy vegetables for her family.

“Having Sh1 billion in an account is not a big deal although it is a huge sum of money,” she said, adding: “For example I have 10 accounts inside and outside the country.”

According to her, the Sh1.6 billion that was deposited to her account from Mr Rugemalila was requested by her as the chairperson and fundraiser of Barbra Johnson Education Trust to service a loan facility that she had taken from Bank M for construction of dormitories at Babra Johson Girls Secondary School.

“I cannot agree with the ethics secretariat that requesting for funds to help our young girls to get education is against the code of ethics, therefore I believe that until this time, I have done nothing wrong,” she insisted.

Judge Msumi asked both parties to furnish him with their submissions before March 14, so that the Ethics Secretariat can compile its recommendations that will be forwarded to President Jakaya Kikwete for further action.