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Mgaya defends Tucta tenure, says it’s legal

Written By JAK on Thursday, October 24, 2013 | 9:58 AM




    Written by PIUS RUGONZIBWA 
    
TUCTA Secretary General, Mr Nicholaus Mgaya.

THE Trade Union Congress of Tanzania (TUCTA) Secretary General, Mr Nicholaus Mgaya, has defended his tenure in office as legal and that anyone wishing to see him leave office should wait until his mandate expires.
He maintained during an exclusive interview with the ‘Daily News’ that he will be occupying the office until 2016 when his tenure formally ends, according to his current employment contract.

TUCTA has been entangled in internal wrangling with some members calling for its president, Mr Omary Ayoub, and Mr Mgaya to leave office on grounds that they have reached retirement age.

“I am holding my post according to the TUCTA constitution and terms of my employment and both state nothing about the issues of age unless an amendment has been done on the constitution to accommodate the matter,” he said.

Mr Mgaya said if pressure mounts to the extent of him being removed from the office before 2016 that will only mean he would be entitled to be paid colossal amounts as compensation for breaching his employment contract.

He noted that contrary to what some people think, operations within the congress are going on smoothly and that he is taking all the charges as secretary general according to the office procedures.

He said the Congress is stable but alleged that some two persons were instigating unfounded chaos on reasons better known to them predicting they are perhaps after his position.

“I know there are one or two people here with their agenda but I know one of them is eyeing for this post.. that is immaturity and he has to wait until I formally leave the office,” he said without mentioning the name of the suspected person.

On the issue of age being a barrier for one to hold a senior post within TUCTA, Mr Mgaya said that the matter might be considered during the amendment of the constitution scheduled at a later date and will be forwarded to members for more deliberations.

He said he was now busy preparing the Executive Board due next month after which it will be decided whether to seek members’ views on the amendment of the constitution or not.

He insisted that it was dangerous to start discriminating TUCTA members basing on age, adding even the Employment and Labour Relations Act of the country doesn’t entertain the matter.

Since TUCTA was operating as a private sector, Mr Mgaya was of the view that age matters didn’t apply and that even retired workers had the right to become its leaders provided they were capable.

The new development within the congress comes just a few months after its immediate President Mr Omary Ayoub was “removed” from the post on reasons of age among others.

Already, the Tanzania Union of Industrial Workers (TUICO) through its Secretary General Mr Boniface Nkakatisi has raised a concern over Mr Ayoub’s removal from the office insisting his ouster didn’t follow proper channels.


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