MPs want urgency certificate for benefits bill

John Mnyika

The war over amending recent social security  funds legislation is far from over as a member of Parliament now wants President Jakaya Kikwete to use powers vested upon him to order the government to bring the Bill to Parliament under a certificate of urgency.

John Mnyika (Ubungo-Chadema) cried foul yesterday, saying the government has defied the order of the House that wanted it to bring the Bill under a certificate of urgency.

He said that on August 6 MPs agreed that the Social Security Amendment Bill be presented to the House under such a certificate but reports gathered showed the Bill would be tabled as routine legislation.

Under the certificate of urgency a Bill is read once and then MPs can debate it.

A major weakness in the Bill is the presence of the clause that mentions members of the Parastatal Pensions Fund (PPF) as the sole beneficiaries of premature withdrawal of membership, shutting out members of other pension funds, he said.

The latter the Local Authorities Pensions Fund (LAPF), Government Employees Provident Fund (GEPF), National Social Security Fund (NSSF), and the Public Service Pensions Fund (PSPF). 

He also lamented the weakness shown by Minister for Labor Gaudencia Kabaka, Attorney General Fredrick Werema and the Social Security Regulatory Authority (SSRA) director general Irene Isaka, saying they did not effectively implement   recommendations and the government’s promise to the House.

The MP urged the president to ensure compliance with the MPs’ demand and authorize a certificate of urgency, as well as preparedness to approve review of the Act to enable early   withdrawal of benefits to all social security funds.

Parliamentary standing order no 80 provides that any bill tabled under a certificate of urgency will not brought to Parliament unless such a certificate is signed by the president.

If the president will not have signed the certificate and if the government will not submit the bill to Parliament according standing order No 93, the House cannot start debating it in the same sitting that it is read for the first time.

The vocal MP also demanded that the president moves to nullify advertisements by SSRA that new applications for withdrawal of benefits have been suspended for six months.

Waiting for the Social Security (Amendment) Act is not supposed to be used as a reason for suspending the right of applying for benefits when one is in need of the same, as this amounts to suspending workers’ rights, the legislator underlined.

The new Act passed by the House in April provides that one seeks benefits only in attaining the voluntary retirement at 55, but the previous Act allowed workers not yet 55 and out of formal employment to apply for withdrawal, or if they are much below 50, to wait for six months in view of getting another job, before they are eligible to seek premature benefits.

In  the Social Security Laws Act No. 5 of 2012 members of  all pensions funds were barred from accessing their terminal benefits until they reached voluntary retirement age of 55 years, which sparked a furore with trade unions once it was declared to be law.

MPs approved those amendments by merely trusting their good intention, but after trade unions came up against the Act, legislators said they had ‘overlooked’ the specific provision.

Kisarawe legislator Seleman Jafo (CCM) tabled a private member’s motion asking the House to order the government to review the Bill.

Minister for Labour Kabaka then promised the House that an amendment Bill would be tabled in the November parliamentary meting. However, the Bill to be tabled in the House has been seen targeting only PPF members.