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Lawyers upbeat with President Samia address

MEMBERS of the legal fraternity have saluted President Samia Suluhu Hassan for her speech that, if implemented, will respond to a number of concerns that need answers.

They said the speech of the Head of State that contains directives further places the nation on the right path towards attaining a considerable level of development both at national and individual levels.

The lawyers who belong to the Tanganyika Law Society (TLS), made an acknowledgement on Wednesday in reaction to the directives that the President issued on Tuesday when she swore in some permanent secretaries, their deputies and some heads of public entities.

The lawyers told the ‘Daily News’ that they positively received the directives of the Head of State, requiring executives within the government to adhere to laws when performing their official duties to bring about true developments to the people.

President Samia addressed the nation on Tuesday after swearing in some Permanent Secretaries and deputies and gave directives to government officials and other executive on a number of issues relating to taxation, investment, land allocations and creating conducive business opportunities, among others.

Seasoned advocate Rason Mbwambo said in her speech Mama Samia responded to concerns the business community has had for the past five years and answered many issues that Tanzanians in general have been complaining about.

“Therefore, should the office bearers that she was addressing or directing act accordingly, we as a nation will be now taking a right path to prosperity as a nation at large and at individual level,” he said.

However, he said most concerns that President Samia spoke about in her speech had a backing of laws that were passed by Parliament mostly through miscellaneous laws amendments.

“Directives or speeches however good and promising they may be they are not laws. I would therefore suggest to relevant authorities to also amend and or repeal all those toxic laws which were made to give legal backing to things that she is trying to change now,” the advocate said.

Captain Ibrahim Bendera, an expert advocate of marine laws, echoed almost similar positions, but was quick to compliment President Samia for perpetuating all the good things of the past presidency and also addressing the shortfalls.

According to him, constituting a medical think thank to advise her on Covid 19 is something that every person with a sound mind must be lauded.

He was of the views that the president should also form special taskforce to look into the laws that hamper the social, economic and political development of the nation.

Advocate Dickson Mtogesewa, a former banker and lawyer who worked with several local and international banks in the country, said President Samia showed she would also respect the rule of law.

He said the Head of State has shown her determination to ensure tax estimates made by Tanzania Revenue Authority (TRA) assessors are fair enough to taxpayers.

The lawyer pointed out that fairness in taxation brings peace, business and investment continuity.

Mr Mtogesewa hailed Mama Samia for disproving unfairly collected tax, reminding him of a former high court judge Dr Fauz Twaib who wrote a book titled: A Case Book on The Tax Law of Tanzania.

Mtosegewa said the former high court judge (Dr Twaib) is quoted in his book as saying: “In ordinary life, taxes are in fact as complex as life itself as they are in derogation of personal rights and property interests worldwide. Therefore, no tax can be levied and collected without the authority of law”.

Prominent lawyer Alex Mgongolwa reacted to President Samia’s speech, saying the directives came at the right time.

The advocate highly commended the President for the position she has taken in creating conducive environment for investment and trade.

“Rule of law guarantees predictability. The existence of the law alone is not enough. The leaders must live by the actions governed by law because the law may prescribe something but implementation becomes the opposite,” he said.

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Mwandishi: FAUSTINE KAPAMA

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