Religious chaos: The day after

Dar, Zanzibar chaos: The day after

BY KARAMA KENYUNKO

19th October 2012

  Ponda, 49 others in court

Leader of the Tanzania Muslim Communities and Institutions, Sheikh Ponda Issa Ponda (C) sits in a court room at Kisutu Resident�s Magistrate Court in the Dar es Salaam yesterday. The outspoken Muslim cleric and 49 of his followers appeared in court for incitement and other three counts. (Photo; Khalfan Said)

Muslim Communities and Institutions Council secretary general Sheikh Issa Ponda (54) and 49 others appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday charged with five counts, including stealing property worth 59m/- and inciting the commission of the offences.

Among the accused was Zaidah Yusuph, an old woman aged 100 years.

Principal State Attorney Tumaini Kweka leading the prosecution alleged before Resident Magistrate Stewart Sanga that on October 12, this year, all the accused (50) conspired to commit the offences at Chang’ombe Markas in Temeke District within the city.

On the second count, Kweka claimed that on the same date and place, in a violent manner and without colour of right the accused trespassed on a piece of land belonging to Agritanza Limited in order to take possession of the same.

On the third count, he alleged that between October 12 and 16, this year, in the same place, the accused without right and in a manner likely to cause a breach of the peace did hold possession of the land that lawfully belonged to Agritanza Limited.

The principal state attorney further claimed that the accused on the material day stole various building materials — 1,500 bricks and 36 tons of iron bars all valued 59,650,000/-, property of the company.

On the last count, it was alleged that Ponda being secretary general of the Council of Muslim Communities and Institutions incited his followers to commit the offences.

All the accused pleaded not guilty to the charges but before the Magistrate could set the bail conditions, the principal state attorney informed the court that the Director of Public Prosecutions under Section 148 (4), had placed a certificate of urgency before the court to bar bail for the first accused (Ponda).

Kweka also made prayers to the court to issue bail conditions that would bar the other accused persons from repeating the offences if proven guilty.

Objecting the prayers, counsel of the defence, Nassoro Juma said that the reasons put forward for denial of bail by the DPPs were general and largely for public safety and interest, adding that as such were a ‘blanket explanation’.

“You cannot deny a person bail by ‘blanket explanations’ for all the offences against the accused are bailable and if the DPPs didn’t want Ponda to be bailed out he should give precise reasons for that,” Juma said.

All accused have been kept in police stations for too long. The accused, Zaidah Yusuph (100), is too old to be in remand prison, he said.

Responding, principal state attorney told the court that, when the DPP issues a certificate, the court has no powers to turn it down, saying it was therefore not necessary for him to furnish explanation to that effect until another certificate was furnished to waive the first one.

In the circumstances, Justice Sanga had only to keep the case for reading and not to give any other decision because, Victoria Nongwa, the Magistrate who was scheduled to preside it, was not present.

It was therefore adjourned to November 1, this year when it will come up for mention.

Prior to the court session, Ponda and his followers were brought to the Kisutu Magistrate Court at different times. While the first accused was brought later under tight escort of five police cars and fully armed askaris, his followers, who were reciting the Quran verse ‘Allah Akbar, Takbir’, were brought earlier in a prison lorry.

SOURCE: THE GUARDIAN