Why spy chief role has been a roller coaster

Dar es Salaam. A cross-section of political, security, and legal experts have backed President Samia Suluhu Hassan’s decision to remove commissioner Diwani Athuman of his role as the country’s spy chief, saying it is legally acceptable.

Although the underlying cause of the abrupt change is unknown, the experts believe that the President may have been drawn to the move because she requires a team that can keep up with her pace.

On Tuesday, January 3, President Hassan appointed Said Nassoro to head the Tanzania Intelligence and Security Service (Tiss). Mr Nassoro was deputy director general during Mr Athuman’s era.

The Tanzania Intelligence and Security Service Act, 1996 section six; sub section (2-4) has that the director general of the service, shall hold office under a contract of service during the pleasure of the President or such term not exceeding five years.

It further adds that on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years, and that no person shall hold office as Director-General for terms exceeding 10 years in the aggregate.

The Citizen’s record indicates, since 1961, the service has been led by 10 individuals, including Mr Emilio Mzena who became department’s boss from 1961 to 1975, a 14-year reign and Dr Lawrence Gama who headed the department for three years.

Others with years of tenure in brackets are Dr Hans Kitine (2), Dr Augustine Mahiga (3), Lieutenant General Imrani Kombe (12), and Colonel Apson Mwang’onda (10).

Other former Tiss bosses according to the records include Mr Othman Rashid (11), Dr Modestus Kapilimba (3), Commissioner Athuman (about 3 years) and the recently appointed, Mr Nassoro.

Nevertheless, within the duration in which the amended Act came into effect (1996), only Mr Rashid appears to have served for 11 years, probably due to a delayed process in appointment of his successor.

Moreover, the ACT-Wazalendo leader, Mr Zitto Kabwe, seconded the change saying: “The president has the right to hire and fire. This is the most strategic post, the appointment of which is the pleasure of the head of state. There shall be no debate on the powers of the President regarding the post.” Mr Kabwe was of the view that the debate should shift on security reforms.

He added: “I advocate for two major adjustments. First, the service should be decoupled from politics; legally, it is, but operationally, Tiss is deeply ingrained in CCM. This is incorrect, and I hope the incoming director general will endeavour to implement these reforms.

“We should establish Tiss External, a separate and autonomous agency under foreign ministry similar to the police under internal affairs. Geographical location of Tanzania calls for an effective intelligence gathering. This too is a reform we need in Tanzania.”

Mr Kabwe added: “I will never engage in the debate about powers of the President over the spy chief. I would have done what President Samia has done. Any President would do so. My main concern is the security sector reform.” According to him, recruitment of officers is not on merit which leads to Tiss being the most hated organ while it is supposed to be the most respected organ. “I really wish that the new boss ushers in those fundamental reforms,” he said.

Mr Kabwe’s views were seconded by Mr Jesse Mashimi, an independent security and intelligence consultant who sees a need to establish a modern department far from local politics and that responds to the world’s changes.

“For the sake of strengthening our national security, Tiss should be far from politically motivated operations, at least the Tanzania Peoples Defence Force (TPDF) is neutral, not Tiss, I doubt; the department is weak,” Mr Mashimi opined.

According to him, the organ is purely politically motivated, and that some of its officers are party-partisans. He added: “They ought to work on issues of national interest, but if their intelligences are politically motivated, then we are in trouble.”

Furthermore, he said: “The current chief will need to reform the department, he should make sure Tiss is a professional entity that exists for the national interest and not party politics.”

For his part, Dr Charles Kitima, the general secretary for the Tanzania Episcopal Conference (Tec), commended President Hassan, noting: “Due to what had happened previously, such changes was necessary, mind you, the President is restructuring her administration.”

The Tec boss urged Tanzanians to support President Hassan as she is building a just nation and that Mr Nassoro should convince ‘the wananchi’ about the good intention of the President by having a just department.

Moreover, Mr John Seka, an advocate of the High Court of Tanzania said: “The President has served the law, it doesn’t matter whether the office is sensitive or not, the President has exercised power conferred to her by the legislation.”

On the other hand, Mr Clay Mwaifwani, a trained lawyer who works with Lawyers’ Action Team (LEAT) noted: “We don’t need to debate of someone’s security tenure, there are important issues, yes; it is indeed one of the country’s sensitive departments, but the president has the right to hire and fire.”

Mr Mwaifwami thinks that it was high time for the service to implement economic intelligence models that protect and advance the country’s economy adding: “We shouldn’t use Tiss to only protect those in power.”