Tanzania: Chadema Group Appeal Challenged

By Faustine Kapama

The prosecution recently asked the High Court to dismiss the appeal lodged by Chadema National Chairman, Freeman Mbowe, and seven other senior officials to oppose their convictions of sedition, rioting and unlawful assembly and the sentences imposed on them.

Principal State Attorney Faraja Nchimbi, Senior State Attorneys Wankyo Simon and State Attorney Salim Msemo, told Judge Ilvin Mgeta that the judgment given by the Kisutu Resident Magistrate's Court in Dar es Salaam against the opposition leaders was proper and justified.

On March 10, 2020, Principal Resident Magistrate Thomas Simba sentenced Mbowe and eight others to either pay fines totalling 350m/-or go to jail for 60 months cumulatively for sedition, rioting and unlawful assembly.

He imposed the sentence after convicting them of 12 out of 13 criminal charges.

According to the trial attorneys, the trial court properly analyzed the evidence tendered by both the prosecution and defence during the trial and was satisfied that the prosecution had proved its case beyond reasonable doubt as required in criminal cases.

They forcefully submitted that the trial court considered the evidence tendered by defence witnesses, including the accused persons, but found to be weak to raise any reasonable doubt that could be resolved in their favour.

"It is our humble submissions that the case of prosecution was proved in the required standard according to the law and that the defence evidence was also considered, but was very weak as compared to the strong evidence produced by prosecution witnesses," one of the attorneys submitted.

They also described as baseless the submission by the counsel for the leaders of the opposition party that the charges had no sufficient particulars of offences to warrant them provide defence.

The state lawyers submitted that particulars of the charges were very clear and free from any ambiguities.

The trial attorneys also submitted that the electronic evidence, in particular, the video tape showing the accused persons giving various statements, was received by the court after meeting the requirements under the law.

This article originally appeared in Daily News. [Photo: Daily News]