Magistrate's absence stalls Ponda case judgment

BY KARAMA KENYUNKO

19th April 2013

Sheikh Ponda Issa Ponda

Presiding Resident Magistrate, Victoria Nongwa was not present to deliver the much anticipated ruling on a case against a prominent cleric and a long list of co-accused.

Security at the Kisutu Resident Magistrate's Court was exceptionally buffed up yesterday amidst a bustling crowd gathered to hear the judgment on the case facing Secretary of the Council of Islamic Organization, Sheikh Ponda Issa Ponda and 49 others.

But it was a final ruling that never was as the presiding magistrate adjourned the judgment to May 9, this year, much to the disappointment of the crowd that had been looming the court grounds since early morning hours but was barred from entering the courtroom for security reasons.

Sheikh Ponda and Mkadamu Swalehe who were denied bail after the Director of Public Prosecution (DPP) filed a ‘certificate of urgency’ to expedite the proceedings appeared at the court at around 7am.

The prosecution led by State Attorney Hellen Moshi claimed before the court that the case came for judgment and that they were ready for the ruling but the presiding Resident Magistrate, Victoria Nongwa was not present to deliver the judgment.
Adjourning the case the Resident Magistrate Aloyce Katemana said that the presiding Magistrate Nongwa who was supposed to read the judgment was absent and that she had not sent the judgment and as such the case will come up for the judgment hearing on May 9, this year.

“…because the accused Ponda and Mkadamu are still in custody, the case will come up for mention on May 2, this year but they are to then remain in custody …,” said Katemana.

Magistrate Katemana also issued an arrest warrant against accused, Salum Mkwasu, Ally Salahe and their sureties for failing to appear without notice unlike another accused Rashid Ramadhani who is reported to be sick.

The prosecution alleged that on unknown dates in the city, Sheikh Ponda and his co-accused, who are facing five counts, including conspiring to commit an offence, forcible entry and detainer, stealing and inciting the commission of an offence.

"All accused persons between October 12 and 16, 2012 at Chang'ombe Markas area within Temeke District in Dar es Salaam Region, without colour of right and in a manner likely to cause a breach of peace did hold possession of land lawfully occupied by Agritanza Limited …," the prosecution alleged.

It is claimed also that within the same period and place, they stole various building materials, including 1,500 bricks, 36 tons of gravel and iron bars, all valued at 59,650,000/-, property of the company.

Ponda was charged with an additional count with another accused person Mukadamu Abdallah Swalehe of inciting others to commit an offence.
The prosecution told the court that the duo committed the offence between October 12 and 16, last year at the same area.

The other accused in the case are Kuluthum Mfaume, Zainabu Mohamed, Zaidah Yusuph, Juma Tabu Mpanga, Farida John Lukoko, alias Bibi, Adam Ramadhani Makilika, Athumani Salum, alias Chao, Selemani Abrahiman Wajumbe, alias Chinga and Salum Mzee Juma.

The rest are Salum Ali Mkwasu, Ramha Hamza, Halima Abasi, alias Pazi, Maua Omary Mdumil, Fatihiya Habibu, alias Abdullahman, Husein Ally Huseni, Shabani Ramadhani, Hamisi Mohamed, alias Tegatege, Rashid Ramadhani, Yusupf Athumani Penza and Alawi Mussa Alawi.

In the same list are Ramadhani Rashid Mlali, Omary Ismail, Salm Abdulratif, alias Nkya, Khalid Issah Abdallah, Said Rashi Ally, Feswali Bakari, alias Hussein, Issa Wahabu, alias Msuya, Ally Mohamed Musa, Mohamed Ramadhani and Abdallah Haule Senza.

Others are Juma Hasani, Mwanaomary Makuka, alias Bibi Osu, Omari Bakari, Hamza Ramadhani Babu Mrope, Ayubu Juma, alias Baba Sala, Maulidi Namdeka, Farahan Jamal, alias Abdallah, Swalehe Mdulidi, alias Rabia and Jumanne Mussa.

Others on the list are Salum Abdallah Mohamed, Hamis Halidi, alias Mfyomi, Dite Bilali, alias Waikela, Amiri Said, alias idd, Juma Yasin, alias Ally, Athumani Rashid, alias Suleiman, Rukaia Yusuph, Abubakari Shabani Juma and Ally Shabani Salehe.

In an attempt to prove the charges against the accused, the prosecution called 16 witnesses, among them officials of the Muslim Council of Tanzania (Bakwata), alleged owners of the plot in question and police detectives, who arrested the accused at the scene of crime.

Colour of right is the legal concept of an accused's permission to the usage or conversion of an asset in the possession of another. Forcible entry refers to a summary proceeding to recover possession of land that is instituted by one who has been wrongfully ousted from, or deprived of, possession. 

SOURCE: THE GUARDIAN