Tanzania 
Tanzanian magistrate bars reporters to cover rape case

afrol.com, 25 October - The Dar es salaam based Kisutu District Magistrate Court has barred journalists from covering a case involving a prominent businessman, Nambai Tasseni (32), who was charged with raping a postgraduate student of the University of Dar es Salaam (UDSM). 

The decision last week to hold the case in camera was reached by the Kisutu Senior District Magistrate, Elimas Mafuru. According to the facts of the case, the businessman, who owns a company known as Joshua International operating in the Dar es Salaam and Arusha Regions, allegedly committed the offence on February 13, 2000 at University of Dar es Salaam campus. 

On October 12, 2000, Assistant superintendent of Police Willy Mlulu said he was going to invite the court to use Section 186(3) of Criminal Procedure Act (CPA) of 1985 to bar reporters from covering the case proceedings. 

The said section says "not withstanding, the provisions of any law, the evidence of all persons in all trials involving sexual offences shall be received by the court in camera, and the evidence and witnesses involved in these proceedings shall not be published by or in any newspapers or other media. 

"But this section shall not prohibit the printing or publishing of any such matter in a bona fide series of law reports or in a newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical professions". 

However, the court's decision has come after several cases of similar nature including that of 'bishop' of Kikosi cha Injili Yemorin Mgalla being heard in an open courtroom. 

Between 1998 and last year, Mgalla who was charged with raping two members of his congregation, was prosecuted in an open court. Neither the prosecution nor the defence attempted to block the coverage of the proceedings. Mgalla was convicted and sentenced to 40 years imprisonment. 

However, a prominent businessman, Nambai Tasseni, who was charged with raping a university student was acquitted by the Kisutu District Magistrate Court. 

The Senior District Magistrate Elimas Mafuru set free the businessman under Section 224 of Criminal Procedure Act (CPA) of 1985 after the complaint had shown no wishes to proceed with the case. 

Mr. Mafuru said the complainant wrote a letter dated July 18, 2000 supported by an affidavit dated June 5, 2000, saying she is not interested to proceed with the case and that there was no any threats or promises that led to her decision. 

"Having examined the complainant, she assured me that she does not wish to continue with the case against the accused. I therefore drop the charge and discharge the accused under Section 224 of CPA of 1985", the magistrate said. 

The said section gives power to the court to allow the complainant in a case to withdraw his or her complains against the accused and set free the accused if it satisfies that there are sufficient grounds for such intention. 

Source: MISA

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