The legislator’s reappearance carries weight both for his party and his Kisesa constituents. Photo: Courtesy
By Adonis Byemelwa
Shinyanga –Kisesa Member of Parliament in Simiyu Region, Luhaga Mpina (pictured) has today 7th November, 2024, returned to Parliament after serving a 15-session suspension following accusations against Agriculture Minister Hussein Bashe. Mpina’s suspension, imposed by Parliament in July under Speaker Dr. Tulia Ackson, stemmed from allegations that he had spread false information and breached parliamentary rules.
The suspension followed a series of events beginning in June when Mpina publicly accused Minister Bashe of misleading Parliament and the public by understating a sugar deficit of 60,000 metric tons for 2022-2023.
During a budget presentation, Mpina claimed that the minister's statements were deceptive, raising concerns about government transparency. Parliament asked Mpina to provide proof, which he submitted by June 14.
Nevertheless, after sharing the evidence with the media, a parliamentary disciplinary committee found his actions insubordinate and a breach of protocol. As a result, the committee, Kamati ya Haki, Maadili, na Madaraka ya Bunge, sanctioned him with a 15-session suspension.
Challenging this decision, Mpina argued it was a politically motivated attempt to stifle his voice and prevent him from effectively representing his constituents. He filed a constitutional case with the High Court of Tanzania, alleging that the suspension violated his right to representation as protected by the 1977 Constitution.
Mpina contended that the disciplinary action infringed on Article 66(1)(a) of the Constitution, which upholds citizens’ rights to representation, and Section 5(1) of the Access to Information Act, which protects the public’s right to access information. Furthermore, he claimed that due process was not followed and that he had been denied a fair hearing according to Parliamentary Standing Orders.
In response, senior government attorneys argued that the court lacked jurisdiction over the internal actions of Parliament, citing Article 100 of the Constitution and Section 5 of the Parliamentary Immunities, Powers, and Privileges Act. T
hey maintained that the disciplinary decision fell solely within Parliament's authority and asserted that allowing judicial interference could jeopardize legislative independence and the principle of separation of powers.
Lead attorney Principal State Attorney Mr. Hangi Chang’a argued that Parliament’s decisions on disciplinary matters should remain free from judicial review unless they breached constitutional boundaries. He stressed that this autonomy is vital to Tanzania’s system of checks and balances.
On October 24, 2024, the High Court issued a landmark ruling upholding Parliament's disciplinary authority, emphasizing the autonomy of parliamentary decisions concerning internal discipline. The court’s decision has been seen as a significant affirmation of parliamentary privilege, establishing a clear precedent for limiting judicial oversight of parliamentary affairs.
Yet, Mpina’s legal team, led by Mr. John Seka, argued that the court had a duty to protect citizens' rights, particularly when parliamentary actions threaten individual freedoms. They indicated that Mpina plans to appeal, opening the possibility for a broader constitutional interpretation that could influence the relationship between Tanzania’s judiciary and legislature.
Mpina’s return to Parliament today, following his suspension, was marked by his participation in a session where he posed a supplementary question to the President’s Office, Regional Administration, and Local Government.
His reappearance carries weight both for his party and his Kisesa constituents. His comeback highlights his commitment to advocate for his electorate, despite facing political obstacles, and may strengthen his position within the opposition.
Mpina’s constituents see his return as a signal that he remains dedicated to championing transparency and accountability in government. Whether or not his appeal succeeds, Mpina’s persistence highlights an ongoing debate over balancing individual rights with institutional independence—a challenge that continues to shape Tanzania’s evolving democratic landscape.