THE Kisutu Resident Magistrates’ Court in Dar es Salaam yesterday ordered the leader of Alliance for Change and Transparency (ACT) Wazalendo, Mr Zitto Kabwe, to explain why he didn’t turn out for his sedition trial he is facing.
Principal Resident Magistrate Huruma Shaidi was scheduled to give a ruling on whether he has a case to answer or not in respect of three sedition counts he is facing for allegedly linking the Police Force with killing over 100 people in Kigoma Region.
The magistrate had, however, to adjourn the court until February 18, 2020 due to the absence of the outspoken opposition leader and MP for Kigoma Urban. His surety Ray Eliachim Kimbita reported that the accused was sick.
He told the court that Kabwe had travelled outside the country, but he was later informed by one Nassor Manzurui, who had accompanied the lawmaker that as they were preparing to return home he suddenly fell sick and had been given bed rest for 10 days at Reizberg Hospital in the United State of America.
Senior State Attorney Nassoro Katuga, however, said the information given by the surety for the accused, who had the duty to ensure he attended court sessions, was hearsay and could not be relied on by the court.
According to the prosecution, the surety never communicated directly with the accused to give proper information on what happened to him and why he was not in court.
“We must be given something tangible to substantiate that the accused is really sick,” he explained.
Defence counsel Steven Mwakiborwa asked the court to give his client more time to explain what happened as no one knew the nature of his sickness.
He was, however, quick to remind the court that In the case, the prosecution alleged that the accused committed the offences on October 28, 2018 in Kijitonyama in Kinondoni District, Dar es Salaam, while holding a press conference at ACT Wazalendo headquarters.
With intent to bring hatred to the citizens of the United Republic of Tanzania against the lawful authority of the government, the leader of the opposition party is alleged to have uttered several seditious words against the Police Force.
Some of the words include, “…watu ambao walikuwa ni majeruhi katika tukio la mapambano baina ya wananchi na polisi wakiwa wamekwenda hospitali kupata matibabu katika kituo cha afya cha Nguruka, polisi wakapata taarifa kuwa kuna watu wanne wamekwenda hospitali ..wakawafuata kule wakawaua” (the people who were injured during confrontation with the police went to hospital for medical treatment at Nguruka Health Centre, but the police received reports that four of them had gone to hospital… they followed and killed them).
Kabwe is also alleged to have said, “…lakini tumefuatilia kwa kina jambo hili, taarifa ambazo tumezipata kutoka kijijini Mpeta-Nguruka, Uvinza ni mbaya, ni taarifa ambazo zinaonyesha wananchi wengi sana wameuwawa na jeshi la polisi.” (…but we have closely followed up the matter, the information we have learned from Mpeta- Nguruka Village, is bad, reports show that several people have been killed by the Police Force).
“… pamoja na kwamba afande Sirro amekwenda kule, hajatoa taarifa yoyote kuhusu wananchi…kama hawa Wanyantuzu walivamia eneo la Ranchi, kuna taratibu za kisheria za kuchukua na sio kuwauwa, wananchi wengi sana wamekufa….”
(… although Mr Sirro has gone there, no any information has been given about the people … if these Nyantuzu people invaded the Ranchi area, there are legal procedures to take and not to kill them, so many people have died…).
Furthermore, the prosecution charged Zitto with sedition for saying, “Tumekuwa tukifuatilia kwa kina yanayojiri yote huko Uvinza…tunasikitika kusema kuwa taarifa tunazozipata kutoka Uvinza zinaogofya mno… kwani tunaambiwa kuwa wananchi zaidi ya 100 wa kabila la Wanyantuzu wamepoteza maisha kwa kupigwa risasi na polisi, wengine wakisemwa kuuawa hata wakiwa kwenye matibabu hospitalini baada ya kujeruhiwa kwenye purukushani na jeshi la polisi”
(We’ve been following up what is happening in Uvinza … we’re sorry to say that the information we get is horrifying… we are told more than 100 members of the Wanyantuzu tribe have lost lives by being shot by the police, others are said to have been killed while receiving treatment in hospital…).
