- The law no.23, as amended through the law on crops no. 20 of 2009, empowers a minister to appoint eight members of TCB, but Dr Tizeba appointed nine members.
Moshi. The minister for Agriculture, Livestock and Fisheries, Dr Charles Tizeba, is accused of breaching the 2001 law of the Coffee Sector when he appointed members of the Tanzania Coffee Board (TCB) out of the number required.
The law no.23, as amended through the law on crops no. 20 of 2009, empowers a minister to appoint eight members of TCB, but Dr Tizeba appointed nine members.
The law in section 1(1) requires a minister to appoint only eight members and the president will appoint the chairman of the board after consultation with the minister. The entire board should have nine members.
The law stipulates further that one member of the board should come from the Tanzania Coffee Association (TCA), another from the Tanzania Coffee Growers Association (TCGA) and three from cooperative societies.
According to the law, the three members from the cooperative societies must come from northern, southern and lake zones, which are leading coffee producing regions.
It also requires that one member should come from the ministry of Agriculture, Livestock and Fisheries and two members, who are experienced and knowledgeable about issues of coffee cultivation. However, a press release issued by Dr Tizeba two weeks ago indicated that he had appointed nine people as members of the TCB, the number which is bigger than the law stipulates.
The TCB members he has appointed are Fatima Faraji, Twahir Nzallawahe, Titus Itigereize, Prof Faustine Bee, Boaz Mwalusamba, Elizabeth Bwire, Robert Mayongela, Daud Magayane and Amir Hamza.
Various legal experts interviewed yesterday by The Citizen claimed that Dr Tizeba was not advised properly by his aides.
A Dar es Salaam lawyer, Mr Frank Mushi, said among the nine members appointed by the minister, only eight were legally appointed according to the law.
“The law is clear as only nine members are required, from which the chairperson will be appointed by the President of the Republic,” says Mr Mushi.
“The minister extended his powers because he has no authority to appoint all the nine members. The law mentions the President the one who will appoint the chairperson and not otherwise,” said the lawyer.
“Suppose the President appoints the board chairman today, it means the board will have 10 members, which is contrary to the law that does not even say the president will appoint the board chairman from the minister’s appointees,”.
The deputy chairperson of the Kilimanjaro Native Cooperative Union (KNCU), Mr Hatibu Mwanga, said they were disappointed with the appointments of the TCB members.
He said they were planning to discuss the matter at the cooperative platform to be held recently, explaining it was not acceptable for the northern zone to be denied representation.
The Citizen’s effort to reach the minister for comment was in vain.