CHADEMA National Chairman, Freeman Mbowe and seven other senior officials have decided to appeal to the High Court against both conviction and sentence imposed on them by Kisutu Resident Magistrate’s Court in Dar es Salaam for rioting and unlawful assembly.
This was revealed by the Director of Public Prosecutions (DPP), Mr Biswalo Mganga, when addressing a press conference in the city on a number of issues.
Mr Mganga welcomed the appeal, saying he is ready for the battle. The DPP explained that they have received a notice of intention to appeal, containing eight convicts.
“I have received a notice of eight people. I am ready for the fight,” the DPP said.
He added, “Let us meet at the High Court and Court of Appeal if they want to fight with us. I invite them to even look for experts from abroad or any lawyers whom they trust. I have no problem whatsoever. We cannot allow matters that undermine country’s basis.”
The DPP reserved his comments on whether or not his office has been satisfied with the sentence imposed on the convicts.
“We are carefully scrutinising and thinking on the question. Don’t be impulsive in such a serious matter,” he said.
On March 10, 2020, Principal Resident Magistrate Thomas Simba sentenced Mbowe and eight others to either pay fine totaling 350m/- or go to jail for 60 months cumulatively for sedition, rioting and unlawful assembly.
He imposed such sentence after convicting them of 12 out of 13 criminal charges.
The magistrate ruled that the prosecution, led by Principal State Attorneys Faraja Nchimbi, Senior State Attorneys Wankyo Simon and State Attorneys Jacqueline Nyantori and Salim Msemo, sufficiently proved beyond reasonable doubt that all accused persons committed the offences.
Apart from Mbowe, other convicts are the former party’s Secretary General V icent Mashinji , John Mnyika, who is the newly elected Secretary General, and Salum Mwalimu, the Deputy Secretary General (Zanzibar).
Others are Peter Msigwa (Member of Parliament (MP) for Iringa Urban, Halima Mdee, the MP for Kawe, John Heche, the MP for Tarime Rural, and Ester Bulaya, the MP for Bunda Urban as well as the MP for Tarime Urban, Ester Matiko.
