"Fiat Justitia Ruat Caelum"

Case on illegal possession of tusks facing Chinese nationals adjourned

The Kisutu Resident Magistrate Court yesterday adjourned the case on unlawful possession of elephant tusks worth 5bn/- facing three Chinese nationals until January 13 next year, pending the completion of its investigations.

State Attorney Keneth Swekwao leading the prosecution told the court that the investigation was not complete and asked the court to set another date.

The accused in the case are Huang Gin (50), Xu Fujie (22) and Chen Jinzhan (31) who are charged with unlawful possession of elephant tusks valued at over 5bn/-. 

The case was adjourned by Resident Magistrate Emmilius Mchauru on behalf of Principal Resident Magistrate Isaya Arufani who was not present as he had other official duties to attend.

It was reported that the said tusks represents the slaughter of about 400 elephants found in sacks at the house of the Chinese nationals.

It was alleged that the accused committed the offence on November 2, this year at Kifaru Street, Mikocheni B in Kinondoni district. 

It was further alleged that on the said date the accused were all together found in unlawful possession of 706 pieces of elephant tusks weighing 1,889kgs, property of the government.
All the accused were remanded in custody. 

SOURCE: THE GUARDIAN

NEW CONSTITUTION: Why Katiba team has proposed three-tier union again

Dar es Salaam. The second draft constitution unveiled yesterday proposes a three-tier union.

The ruling CCM is fiercely opposed to the set-up, which was also recommended in the first draft published earlier this year.

But Constitutional Review Commission (CRC) chairman Joseph Warioba, said yesterday that the decision to settle for a three-government union was reached after a “deep, thoughtful and critical analysis” of alternatives, adding that this was aimed at  safeguarding the 1964 merger between Tanganyika and Zanzibar.

CCM favours the current two-government setup, but Mr Warioba, speaking before handing over the draft to President Jakaya Kikwete and Zanzibar President Ali Mohammed Shein, said a major rethink of union issues was required for the present system to work effectively.

He, however, added that introducing such changes was virtually impossible under the prevailing circumstances.

Mr Warioba noted, for instance, that for the structure to work, the Union government, which is seen to be leaning towards Tanzania mainland in implementation of the development agenda, should be given more powers, something Zanzibar would not be ready to accept.

“After listening to what people have said about the Union and weighing them, we have settled for three governments,” said the former prime minister, adding that this reflected the position of the majority of people who gave their opinion to CRC.

Mr Warioba said more than 61 per cent of Tanzanians from the Mainland favoured a three-tier union,  13 per cent wanted one government and 24 opted for the current system.

In Zanzibar, 34 per cent of people who gave their views said the current system should be retained, 0.1 per cent proposed a single government  and 60 per cent preferred a treaty-based union.

“After getting these statistics we reviewed some studies on Union matters, including the 1999 Nyalali Commission report and the position of the G55 group of MPs who proposed a three-tier government system...we confirmed that reasons given for a review of the union system were the same as those raised by people who aired their views,” he said.

Mr Warioba outlined three reasons from each part of the Union that were given to justify a review  of the system.

He said Mainlanders argued that Zanzibar was already a sovereign state since it has its own constitution, flag, national anthem and its own government.

They further argued that by amending its constitution, the Zanzibar government had assumed some of the Union government’s powers.

“They argued that by tabling in the House of Representatives laws passed by the Union Parliament before they come into effect in Zanzibar made the Zanzibar constitution superior to the Union constitution,” Mr Warioba said.

He added that most of Zanzibaris felt that the Union government favoured the Mainland over the Isles and that Zanzibar had lost its autonomy and identity.

After going through the complaints, Mr Warioba said CRC concluded that the Union government, which is required to handle union matters and non-union matters in Tanzania Mainland as per the 1977 Constitution, was mainly focusing on the Mainland when it comes to development.

Mr Warioba said the commission considered all union setups that were proposed, and concluded that a three-tier union was the best for the country in the prevailing circumstances.

He said although one government was the logical choice for a strong union, few Zanzibaris would accept the idea.

CRC considered the current Union system, and reached the conclusion that many things were supposed to be done and some, if carried out, could lead to a constitutional crisis.

“Since Tanzania is one country, a law passed by the Union Parliament is supposed to be used in both parts of the Union without any condition, but to do that, Zanzibar’s constitution has to be amended,” Mr Warioba said.

“We thought that that would be very difficult because in order to amend Zanzibar’s constitution, a referendum must be held...we found this to be impracticable.”

Among some notable changes CRC has recommended in the draft constitution is the separation of foreign affairs and international relations.

Elaborating, Mr. Warioba said while foreign affairs should continue to be treated as a union issue, each country should be at liberty when it comes to international relations.

In order to protect the country from challenges arising from a three-tier government system, CRC has come up with three proposals.

It recommended that there should be only one citizenship – that all people should be the citizens of United Republic of Tanzania.

Mr Warioba said under this recommendation, all Tanzanians should have equal political, economic and social rights in both parts of the Union.

THE CITIZEN TANZANIA:

High Court to set ruling date on Kinana-Msigwa defamation suit

The High Court, Dar es Salaam zone is set to issue a ruling date on a defamation suit lodged by CCM Secretary General Abdulrahman Kinana, against Peter Msigwa, Iringa Urban legislator-Chadema. 

In the suit Kinana wants 350m/- for being defamed as compensation damage for being called an elephant poacher by the legislator.

The ruling will be issued by Judge Zainabu Mruke after going through the submissions presented by the parties on some grounds of preliminary objections raised by the lawmaker that seeks dismissal of the suit in question.

In a written statement of defence filed at the High Court’s Dar es Salaam District Registry by his advocate Peter Kibatala, Msigwa denied all the claims advanced by the CCM leader.

The opposition legislator also filed objections to hearing of the case.
Msigwa advanced five grounds of objection, stating that the suit was incompetent in law because the court lacks pecuniary jurisdiction to try the matter.

He said the case was filed contrary to High Court Registries Rules, as the cause of action allegedly arose in Mwanza.

He alleged that the suit is incompetent in law and the plaintiff (Kinana) had not pleaded any special knowledge possessed by those to whom the words were published.
In the suit, defendant Msigwa is alleged to have accused Kinana of being an elephant poacher and a criminal dealer in ivory, including illegal transportation and exportation of ivory.

Through his advocate, Eric Ng’maryo, Kinana is requesting the court to order the opposition legislator to pay other damages to be assessed by the court, interest at the court rate from the date of delivery of judgment.

Kinana is also seeking orders of the court to direct the MP to publish apologies in two daily English newspapers and two other Kiswahili papers and recant the claims involved.

Furthermore, Kinana wants Msigwa restrained permanently from publishing such defamatory remarks against him.

It is alleged that Msingwa, who is also the shadow Minister for Tourism and Natural Resources, defamed Kinana on various occasions and at various places, in and outside the Parliament, notably at a public rally held at Nyamagana playgrounds in Mwanza City on April 21, this year. 

SOURCE: THE GUARDIAN

French council upholds Hollande’s 'millionaires' tax’

France’s Constitutional Council on Sunday upheld President François Hollande’s “millionaires' tax”, a 75-percent levy to be paid in 2013 and 2014 by companies on their portion of wages exceeding 1 million euros.

The so-called “millionaires' tax” has become a symbol of Hollande’s campaign promise to make France fairer for the middle class by forcing the mega-rich to do more to pull the country out of crisis.

The government’s initial plan consisting of a 75-percent tax to be paid by high earners on the part of their incomes exceeding 1 million euros was struck down in December 2012 by members of the Constitutional Council, who argued that 66 percent was the legal maximum for individuals.

The Socialist government has since reworked the tax to levy it on companies instead, infuriating business leaders and football clubs.

Under its new design, which the Council found constitutional, the tax will be an exceptional 50 percent levy on the portion of wages exceeding 1 million euros paid in 2013 and 2014.

Including social contributions, its rate will effectively remain roughly 75 percent. The tax will, however, be capped at 5 percent of the company’s turnover.

The Council, a court made up of judges and former French presidents, has the power to annul laws if they are deemed to violate the constitution.

(FRANCE 24 with AP and REUTERS)

Court throws out appeal in mining partnership case

THE Court of Appeal has refused to stay a High Court judgment for dissolution of partnership of a mining plot between two persons and payment of 400m/- special damages.

Justices Nathalia Kimaro, Salum Massati and Batuel Mmila ruled against one Antony Ngoo and Davis Antony Ngoo after dismissing with costs the application for stay of execution of the judgment issued by Judge Kakukulo Sambo at the High Court in Arusha on October 12, last year, in favour of Kitinda Kimaro.

“Since the applicants (Ngoo) have not shown that they will suffer substantial loss and have not furnished security, nor given guarantee of security, the application for stay of execution lacks merits and is dismissed with costs,” the justices ruled.

The Justices noted that nowhere in the grounds for filing the notice of motion nor in the affidavits supporting the application have the applicants averred that they would suffer loss, let alone substantial loss.

What the applicants averred, they noted, was that they would be more inconvenienced than the respondent (Kimaro) if the order for stay of execution is not granted.

But, the justices said under the Court of Appeal Rules, such assertion was no longer a requirement for granting stay of execution. “What the applicants were required to show was the loss they will suffer as compared to the loss that will be suffered by the respondent if the order for stay of execution is not granted. They resorted to the old position which no longer applies in granting an order for stay of execution,” they said.

According to the justices, the decree forming subject of the application was a money decree arising from a mining plot. The applicants, they said, had to show to the Court the kind of loss they would suffer if execution of the decree was carried out.

In his submission to support the application in question, advocate Akonaay Sikay Muhale O’hhay- Sang’ka, for the applicants, had told the Court that his clients sought for stay of execution of the decree because they have overwhelming chances of success. He submitted that losing the mining plot would occasion loss to both the applicant and the respondent if the order of dissolution of the partnership was executed.

Advocate Mpaya Kamara, for the respondent, countered that the order for dissolution of the partnership was well stated in the judgment of the High Court. According to him, the High Court took into account the worsening working relationship between the partners.

DAILY NEWS:

MPs, religious leaders hit back at Museveni on anti-gays Bill

KAMPALA

A cross section of religious leaders and Members of Parliament have accused President Museveni of aiming to “buy time” and capitulating to pressure from donors by refusing to sign the anti-gays law.

The stakeholders told the Sunday Monitor that the legislation has been in place for five years; long enough for the President to study it and make submissions as “he deems fit” so he should stop “fooling the country”.

MP Theodore Ssekikubo (Lwemiyaga County) said the Bill was deliberated several times during NRM Caucus meetings and in party retreats at Kyankwanzi, but the President never raised any objection.

“What was he thinking all along?” Mr Ssekikubo wondered, “It’s his lack of decisiveness that prompted Parliament to pass the Bill because we couldn’t sit there and look on as morals increasingly breaking down.”

The legislation was passed last week on Friday by Parliament, and it provides for a sentence of life imprisonment for anyone convicted of homosexuality.

A proposal to put the punishment to 14 years in jail was rejected by the House. But the President was quoted in a statement from State House on Christmas Day, saying he will first go through the specifics and if he finds that “it is not right” he would send it back to Parliament.

Kalungu West MP Joseph Ssewungu said Mr Museveni is going astray because “there is no law in this country that justifies a Private Members Bill to first go to him for consultation”.
“He should stop fooling us. The Bill was first of all moved by the NRM deputy Chief Whip (David Bahati) and in all these retreats, the President should have begged him not to bring it up for debate,” Mr Ssewungu noted.

In a telephone conversation with the Sunday Monitor, the Uganda Joint Christian Council (UJCC) executive secretary, the Rev Dr Silvester Arinaitwe, also voiced concerns about the widespread “sodomy in society” the law seeks to address.

“As religious leaders, we were consulted in 2009 when it [the Bill] first came up and we advised to drop the clause on death penalty and life imprisonment and since then, we have not been engaged again. But if these clauses were dropped or revised then I don’t see any other reason for not signing the Bill,” he added.

Women views

Ms Alice Alaso, the Serere Woman MP, accused the President of “being diversionary and bowing to pressure from donors to let moral values in the country drop to zero”. Pastor Martin Ssempa of Makerere Community Church and a renowned anti-homosexual activist, said Mr Museveni is trying to deflect hostilities and pressure from donors. MPs Robinah Nabanja, (Kibaale, Woman, NRM) and Katoto Hatwib (Katerera County, NRM), said the President should sign the Bill.

THE SUNDAY MONITOR UGANDA:

`Ngangari` poacher nabbed with tusks, hippo tooth

Police officers Tanzania-Zambia Railway Authority (TAZARA) has detained Juma Ally known as ‘Ngangari’ with 14 elephant tasks and one hippo tooth at Kisaki station in Morogoro district all worth Sh. 27.5 million.

Speaking to journalists yesterday in Dar es Salaam, TAZARA police division commander, Senior Superintendent of Police (SSP) Innocent Mugaya said that the suspect is aged 26 and was arrested on Thursday December 26 within TAZARA passenger train bound for Dar es Salaam from Kapiri Mposhi in Zambia.

Police officers inside the train moved to arrest ‘Ngangari,’ after being given information that he was carrying trophies. Police caught the tusks weighing 29 kg and one hippo tooth of 900 grams.

“It should be remembered that inspite of police officers escorting the train they are also engaged in the fight against poachers who use passenger or cargo trains for transporting government trophies. 

Poachers kill animals in national parks, ruining tourism and disrupting government revenues,” he pointed out.

He praised the civic spirit of passengers using the train, urging others to maintain vigilance and reveal any apparent suspects so as to stamp out poaching, as it has reached grotesque proportions.

TAZARA police also intercepted a bag with 19 kg of marijuana, the property of the suspect.

 “People are expected to use the train for travelling and not to transport illegal merchandise,” he said, noting that vigilance is being heightened among TAZARA police officers.

Poaching and intensified government efforts against it led to the sacking of four cabinet ministers last week, on account of systematic human rights violations tied with Operation Tokomeza, but poaching has not ended.

The government has also been at pains to liaise with world agencies on how the global ivory market, especially in the Far East can be discouraged, as enhanced communications and mobility spurred the massive slaughter of elephants over the past two years.

WWF Director Bell’Aube Houinato said Tanzania and other African countries face steep challenges in curbing illegal wildlife trade, urging the various stakeholders globally to fashion a method to address the problem. 

SOURCE: GUARDIAN ON SUNDAY

Men desert village for fear of arrest

Geita. Men of Nyantoro A Village at Kalangala Ward in the region have fled the village to escape possible police arrest.

The dramatic event happened after five suspected thieves were killed and now police were looking for those who participated in the killings.

The five reportedly stormed the house of Mayenga John who had just buried a family member and stole Sh67,000 which was donated to the family as condolences.

Learning of what had just happened, a mob of angry villagers set out to find the culprits and decided to lynch them by chopping their body parts and setting them ablaze.

Kalangala Ward executive officer Hamad Hussein told this paper yesterday that the killings took place on Friday morning, and identified the victims as Juma Marwa, Shija Mlingwa and one Ezekiel all from the Kalangala, the other two were unidentified, but all the five are aged between 20 and 25 years.

“Almost all families are without their adult male members, they have fled in fear, they know police are looking for those who participated in the mob justice,” said the officer.

Geita regional police commander, Mr Leornard Paul, confirmed the incident. ‘’Men have fled their houses…we ask them to return because we are not just arresting anyone, we are doing our work professionally,” he said.

THE CITIZEN TANZANIA:

China formally eases one-child policy

China's top legislature has formally adopted a resolution easing the country's one-child policy, the state news agency Xinhua reports.

The Standing Committee of the National People's Congress passed a resolution allowing couples to have two children if either parent is an only child.

A proposal to abolish re-education through labour camps was also approved.

The changes in policy were announced following a meeting of top Communist Party officials in November.

The reforms, which came at the end of a six-day meeting of the congress, have already been tested in parts of the country.

They needed formal legislative approval to be put into effect.

It is expected that reforms will be rolled out gradually and incrementally around the country, with provincial authorities entrusted to make their own decisions on implementation according to the local demographic situation.

Factors other than the one-child policy, such as a lack of social security support, have also encouraged couples to limit their offspring.

China is now believed to have a birth rate of just over 1.5 children per woman of child-bearing age - which is, in fact, higher than many of its regional neighbours, including Taiwan, Japan and South Korea.

Niger has the world's highest birth rate per woman, with over seven, India has 2.55 and the US has 2.06.

'Leftover men'

China introduced its one-child policy at the end of the 1970s to curb rapid population growth.

But correspondents say the policy has become increasingly unpopular and that leaders fear the country's ageing population will both reduce the labour pool and exacerbate elderly care issues.

By 2050, more than a quarter of the population will be over 65.

The one-child policy has on the whole been strictly enforced, though some exceptions already exist, including for ethnic minorities.

Previous reforms also permitted couples to have a second child where both were only children or, in the case of rural couples, where their first-born child was a girl.

The traditional preference for boys has created a gender imbalance as some couples opt for sex-selective abortions.

By the end of the decade, demographers say China will have 24 million "leftover men" who, because of China's gender imbalance, will not be able to find a wife.

The decision to close the labour camps puts an end to a controversial punishment system long criticised for its human rights abuses.

State media said the development of China's legal system had made the camps "superfluous" and signalled the end of their "historic mission".

Chinese leaders had previously said they wanted to reform the system.

The network, which was created in the 1950s based on the Soviet Gulag, allowed the Chinese police to send anyone to prison for up to four years without a trial.

A labour camp sentence was almost impossible to appeal.

China had 260 labour camps holding 160,000 inmates at the start of this year, according to figures from the Ministry of Justice and Human Rights Watch.

Correspondents say most of the detainees were arrested for drug offences - either selling or buying small quantities of illegal narcotics.

Some of the labour camps are expected to be transformed into drug rehabilitation centres.

BBC NEWS:

2 Dar businessmen charged with forgery, impersonation

Two businessmen from Dar es Salaam on Tuesday appeared before the Kisutu Resident Magistrate’s Court charged with five counts, including forgery of a bank guarantee and impersonating. 

Haruna Mohamed (47) and Abdul Maganga (28) appeared before Resident Magistrate Aloyce Katemana. It was alleged that at an unknown date and place, with intent to defraud or deceive, they forged a bank guarantee dated December 10, 2013 to Total Tanzania Ltd purporting to show that it was issued by Kenya Commercial Bank (KCB), Tanzania Ltd, a fact they knew to be false.

On the second count the prosecution, led by State Attorney Hellen Moshi, alleged that on December 12. 2013 at Total Tanzania Ltd Office Nkurumah Street, the accused knowingly and fraudulently uttered a forged bank guarantee of December 10, 2013 to Marsha Msuya of Total Tanzania Ltd.

They purported to show that the bank guarantee was issued by Kenya Commercial Bank (KCB), Tanzania Ltd, a fact they knew to be false, the court was told.

On the third count, it was alleged that on the same date and place the accused forged a letter of confirmation for a bank guarantee dated December 13, 2013 with the same reference number.

On the fourth and fifth counts, it was further alleged, on December 6 and 12, this year at the same office the accused presented himself to Marsha Msuya and Sandip Patel of Total Tanzania Ltd as Abdul Kader Burdin, the director of Goe Afrique Consultants L td.

The accused pleaded not guilty and was remanded in custody for failing to meet bail conditions.

State Attorney Moshi told the court that investigations into the case were not complete. Therefore Magistrate Katemana adjourned it until today when it will come up for mention.

SOURCE: THE GUARDIAN

Ex-CJ to be ordained as priest at the Church of Christ Anglican Cathedral in Zanzibar

RETIRED Chief Justice Augustino Ramadhani will be ordained as priest at the Church of Christ Anglican Cathedral in Zanzibar on Sunday.

“The day will not only be memorable for the ordination, but his birthday too as he will be celebrating his 68th birthday,” said one of his family members.

A career soldier and lawyer, the former CJ is a renowned pianist in the church choir at St Alban’s Anglican Cathedral in downtown Dar es Salaam where he regularly worships.

A statement issued by the church said that ‘’because of his submissive nature towards God and his need to seek his presence,’’ he was ordained as a deacon earlier this year at the same church located at Mkunazini in the municipality by Bishop Michael Hafidh.

Justice Ramadhani will be stationed in Zanzibar soon after the ordination where he is to serve at the Mkunazini cathedral, a family source said. The retired CJ was born in Zanzibar on December 28, 1945 in a Christian family of Anglican domination with seven siblings.

He graduated in law at the University of Dar es Saalam in 1970 and after serving in the army for a number of years, was in 1978 appointed Deputy Attorney General by then Zanzibar President Aboud Jumbe.

In October of the same year, he was appointed the Chief Justice of Zanzibar, before returning to the army where he took part in the Uganda war of liberation.

Upon returning back from the war he was re-appointed Chief Justice and promoted to rank of Lieutenant colonel. On June 23, 1989, he was appointed Judge of the Court of Appeal before later being appointed the Chief Justice of Tanzania.

In January 1993, he was appointed as the Vice-Chairman of the National Electoral Commission (NEC). Later in October 2002, he became the Vice-Chairman of the Zanzibar Electoral Commission (ZEC) for a fiveyear term that ended in October 2010.

He had also served as judge in the East African Court of Appeal. He retired as chief justice of Tanzania in 2010. The current Chief Justice, Mr Mohamed Chande Othman, succeeded him.

DAILY NEWS TANZANIA:

Legal technicalities save Arusha man from jail

LEGAL technicalities have saved a resident of Arusha, Isumba Huka, from life imprisonment for allegedly raping a minor after the Court of Appeal quashed all the proceedings leading to his conviction of the crime.

Justices Nathalia Kimaro, Bernard Luanda and Batuel Mmilla, noted that the charge sheet was incurably defective for not showing under which category the offence of rape was committed.

“As such the proceedings are a nullity. We declare the proceedings of the District Court and that of the High Court a nullity. The same are quashed and the sentence set aside,” the justices ruled.

The justices, thereafter, ordered the case to be tried afresh before another magistrate for interest of justice since the original trial was defective. “The prosecution should amend the charge sheet as to indicate the provision under which category rape was committed as well as the punishment provision. Ordered accordingly,” they ruled.

It was alleged that on July 1, this year, at Gawindu Village in Hanang District, Manyara Region, the victim of rape left home for grazing calves.

Huka arrived and dragged her to one of the houses and raped her. She raised an alarm where her mother and other villagers responded and went to the house where they found both the young girl and Huka naked.

The court heard that since the mother of the alleged victim of rape was the first to arrive at the scene of the crime she found Huka having sexual intercourse with the young girl. On strength of such evidence, Huka was arrested, charged and subsequently convicted as charged.

His appeal at the High Court was unsuccessful. He decided to take the matter to the Court of Appeal for intervention. Huka advanced two grounds of appeal in that he was not given opportunity to cross examine the young girl who was seven years old at the time she testified in court.

According to him, the charge sheet upon which conviction was grounded was incurably defective in that it does not specify under which category enumerated under Section 130 of the Penal Code the offence was committed.

 DAILY NEWS TANZANIA:

Egypt classifies Muslim Brotherhood as terrorist group

Egypt has formally declared the Muslim Brotherhood a terrorist organization. Authorities have blamed the Brotherhood for recent militant attacks in which several people have died.
..................................

Egypt's military-backed interim government has officially classified the Muslim Brotherhood a terrorist group in a move that will give authorities greater power to crack down on it and its members.

"The Cabinet has declared the Muslim Brotherhood group and its organization as a terrorist organization," Hossam Eissa, Egypt's minister of higher education, said on Wednesday, reading out a cabinet statement after a long meeting.

People belonging to the group, or those who finance it or promote its activities would all be affected by the declaration, Eissa said.

He added that the decision had been taken following a deadly attack on Tuesday in northern Egypt that he blamed on the group, without presenting any evidence.

Social Solidarity Minister Ahmed al-Borei said all activities of the group, including protests, would be henceforth banned.

Campaign of violence

The Muslim Brotherhood has staged near-daily protests since President Mohammed Morsi, who belongs to the group, was ousted in a July 3 military coup.

It has been blamed by Egyptian authorities for a wave of violence that has recently gripped the country, for which the Brotherhood has denied responsibility.

In the most recent incident, at least 14 people were killed on Tuesday when a bomb hit a police headquarters in the Nile Delta city of Mansoura. An al Qaeda-inspired group has claimed responsibility for the attack, but the government continues to accuse the Brotherhood of being behind it.

Tuesday's attack came on the heels of a campaign of bombings, drive-by shoootings, assassinations and mass killings, mainly against security forces.

History of repression

The Brotherhood has been banned at various times in Egypt's history, notably under President Gamal Abdel Nasser in the 1950s and 1960s.

The group came to new political prominence in 2005 parliamentary elections, and remained a potent force in the country over the next few years, finally winning elections in 2012 with Morsi.

Since Morsi's ouster in 2013, which led to widespread protests by Brotherhood members, it has experienced a harsh crackdown by authorities in which hundreds of people have died.

tj/msh (AP, Reuters, AFP) DW

Santa's helper shot on toy giveaway in Washington

A Santa's helper delivering toys in the US city of Washington has been shot in the back with a pellet gun.

As a TV crew videoed him in the street, he said "Merry..." before staggering in pain as the pellet hit.

The man, who has not been named and is recovering in hospital, initially said he wanted to carry on with the giveaway but paramedics stepped in and took him away in an ambulance.

A Grinch character then saved Christmas by stepping in to deliver the gifts.

On the video posted on the website of WJLA-TV, the man waves as he walks down the street.

He says: "This is awesome, Merry..." but then recoils in pain.

"Someone's shooting. Someone just shot me."

He recovers to say, "I'm glad I got hit and nobody else go hurt", before being taken to hospital. A man dressed as the green-clothed Dr Seuss character then took over.

ABC reported that the man would be out of hospital on Christmas Eve after the pellet was removed.

Its reporter quoted witnesses as saying two shots were fired from a second-floor window of a home, but no-one has yet been arrested.

Police are investigating the incident.

BBC NEWS:

Court rejects DPP`s objection to bail for Chinese nationals

The High Court in Dar es Salaam rejected an objection by the Director of Public Prosecution (DPP) to bail for three Chinese nationals charged with unlawful possession of elephant tusks.

The three were denied bail on Monday for their safety and public interest. Earlier, the DPP had filed a certificate objecting to the granting of bail to the accused under section 148(4) arguing that the court has no authority to hear the application as the case is premature.

The accused Chinese nationals are Huang Gin (50), Xu Fujie (22) and Chen Jinzhan (31).

Advocate Rweyongeza contended that the section quoted by the DPP was not proper. He said the DPP was supposed to file the certificate after the committal proceedings had taken place.

“Your honour, the certificate is premature and has been filed using the wrong provision,” he said.

For her part, prosecutor Faraja Nchimbi argued that the certificate was properly filed and covered all requirements of the law. She added that the court does not have the jurisdiction to hear the said bail application.

Making a ruling on the arguments Judge Teemba agreed with advocate Rweyongeza that the DPP’s certificate was improperly filed under a section of the Criminal Procedure Act (CPA) and therefore rejected the application.

The prosecution, led by State Attorney Biswalo Mganga, requested the court to give it seven days to file a counteraffidavit. 

Judge Teemba ruled that this should be made on January 3 and the defence should submit a rejoinder, if any, on January 10 when the case comes up for hearing.

It was earlier alleged that the accused committed the offence on November 2, this year, at Kifaru Street, Mikocheni B in Kinondoni District. 

It was further alleged that on the said date the accused, jointly and together, were found in unlawful possession of 706 pieces of elephant tusks. 

These weighed 1,889kgs, and were worth 5,435,865,000/-, property of the government. It was also alleged that the accused had no permit from the director of wildlife and the tusks represented the slaughter of about 400 elephants. 

It was claimed that the tusks were found in sacks of garlic at the house of the Chinese nationals.
All the accused were remanded in custody.

SOURCE: THE GUARDIAN

Four arrested over heroin possession

Police in Arusha are holding four people in possession of heroin weighing 100grams worth 10m/-.

The four were arrested in Elikyurei village of Arumeru district while possessing the narcotic drugs.

Regional Police Commander, Liberatus Saabas said the incident happened on Monday at around 6:30pm,  in Elikyurei area.

The RPC named the suspects as Seif Bakari (28) ,Hamid Makame (29),Evance Gidion (29) and  Abraham Hamis (23) all residents of Arusha city.

“We managed to arrest the four suspects after being tipped-off by good citizenry,” he said, adding: “We are still interrogating and when our investigation completes we’ll take them before the court.”

Meanwhile, another four people arrested in Engoto Bridge of Sheshokopeyi village in Ngorongoro District in possession of Sub-Machine Gun (SMG) with five round ammunitions.

RPC Saabas named the suspects as Papai Tooko (40),Leshnga Mawoi (45), Silanga Olesitoi (42) and Sombe Ngaina (30).

SOURCE: THE GUARDIAN

DPP files objection to Hassano’s bail application

THE Director of Public Prosecutions (DPP) has filed an objection, seeking dismissal of an application for bail lodged by influential Simba member and the club’s former Secretary General, Hassan Othman, alias Hassano, at the High Court in Dar es Salaam.

Judge Rose Teemba was on Monday scheduled to hear grounds of the objection in question, but postponed the session to another date to allow the parties to address the matter by way of written submissions.

She ordered the DPP to file his submissions on January 10, next year, while advocates for Hassano would lodge their reply on January 24. The judge said she would deliver her ruling on the matter on February 17.

The DPP alleges in the objection that the application for bail was incompetent and the court lacked jurisdiction to entertain the matter. Other accused in the case, who are all out on bail, are Ally Kimwanga, Dastan Mwanga, Godfrey Mwanga, John Mlai, Khalid Fazaldin and Lusekelo Mwakajila.

They are charged with conspiring between September 1 and November 20, 2012, in the city to commit an offence of conducting business of government trophies illegally.

The prosecution alleges that within the same period in Dar es Salaam and Hong Kong, intentionally organised, managed, supervised and financed a criminal racket to carry the business of trophy dealing without licence.

It is alleged that the accused exported 569 pieces of elephant tasks weighing 1330kg valued at 1,185,030,000 to Hong Kong.

The accused, within the same period and place, unlawfully conducted the business without having any dealer’s licence, the prosecution further alleged.

Hassano decided to file the application for bail after the Kisutu Resident Magistrate’s Court in the city acquitted him on the other case he was charged with theft of several tons of copper worth over 397m/-.

DAILY NEWS TANZANIA:

Petition by the Nation Media Group, the Standard Group and Royal Media dismissed

The country’s leading television stations went off air Monday night in compliance with the law, after they lost a case to delay digital migration.

The High Court Monday dismissed a petition by the Nation Media Group, the Standard Group and Royal Media seeking to delay switch-off of the analogue TV signal.

After the case was lost, media owners said NTV, Citizen TV and KTN had no choice but to obey the law and go off air.

But they said they will proceed to the Court of Appeal Tuesday morning in a bid to have the order by High Court judge David Majanja overturned.

“We have instructed our lawyers to appeal against the High Court decision in the Court of Appeal. 

At the same time, we are pursuing other avenues to resolve the issue so that you can continue watching your favourite television station.

We hope to be back on air as soon as possible,” the media owners said.

DAILY NATION KENYA:

Court orders bank to compensate IPTL

THE High Court has ordered Standard Chartered Bank (Hong Kong) Limited to pay shareholders of Independent Power Tanzania Limited (IPTL) costs for failure to prosecute its application during hearing of winding up proceedings involving the company.

Judge John Utamwa ruled that the IPTL shareholders, VIP Engineering and Marketing Limited and Mechmar Corporation (Malaysia) Berhard, who were respondents in the application, were entitled to the costs, considering circumstances surrounding the matter.

Though no specific amount was mentioned, legal experts suggest that the amount could be in terms of billions of shilling, even if it will be subject for taxation, considering that the case had involved IPTL, a giant electricity generation company.

On November 15, this year, Advocate Gaspar Nyika, for the bank, informed the court that his client decided to withdraw the petition for appointment of administrative receivers ‘’after being overtaken by events.’’

Mr Nyika had submitted that the withdrawal for winding up petition (of IPTL lodged by VIP Engineering and Marketing Limited) pursuant to the order of this court dated September 5, this year, has rendered the petition redundant. He requested each party to the matter to bear its own costs.

Advocates for the respondents Michael Ngalo and Senen Mponda, respectively, could not raise objections to the withdrawal of the petition lodged by the bank, but requested the court to award their clients costs they had incurred during hearing of the matter.

In his ruling, Judge Utamwa pointed out that he had considered the prayed withdrawal in hand to be in favour of the respondents as, according to the records, ‘’they had hotly objected to the petition and accordingly filed their respective replies to the petition.’’

The judge took note of the records on the matter since the petition was filed in 2009; during which parties to the dispute have been involved in a manner of vehement interlocutory squabbles, some of which attracted court rulings and orders.

In recent instance, according to the judge, the Bank referred the matter to the Court of Appeal for revision of an interlocutory order of the court – with the parties concerned required appearing before it and making arguments there.

“But they came back to this court (High Court) apparently because the Bank’s application for revision was unsuccessful for a reason or another. The above trend of this matter implies that parties in this petition indeed incurred some costs in their true meaning,” he said.

In the petition, the bank had sought for appointment of advocate Laurence Masha and British lawyer Charles Morison as joint administrative receivers of IPTL, claiming that it is a creditor of the electricity producing company.

The withdrawal of the application came after the Court of Appeal rejected with costs the application lodged by the bank to challenge orders given by the High Court in a matter involving winding up proceedings of IPTL.

Justices January Msoffe, Steven Bwana and Ibrahim Juma ruled against the bank after upholding a ground of objection that was raised by Mechmar Corporation (Malaysia) Berhard that the application in question was hopelessly time barred.

DAILY NEWS TANZANIA:

Kinana’s 350m/- defamation case fate on Dec 30

THE outcome of a defamation suit lodged by Secretary General of Chama Cha Mapinduzi (CCM), Mr Abdulrahman Kinana, against Iringa Urban Member of Parliament, Rev Peter Msigwa, over the payment of 350m/- in damages, will be known on December 30.

In the suit lodged at the High Court in Dar es Salaam, Mr Kinana is demanding the said amount in damages from the opposition lawmaker for allegedly calling him an elephant poacher.

Judge Zainabu Mruke is expected to deliver a ruling after going through the submissions presented by the parties on some grounds of preliminary objections raised by the MP from Chama cha Demokrasia na Maendeleo (Chadema), seeking dismissal of the suit in question.

In his written statement of defence filed at the High Court’s Dar es Salaam District Registry by advocate Peter Kibatala, for the MP, apart from denying all the claims advanced by the CCM leader, the opposition legislator also filed objections to hearing of the case.

Rev Msigwa advanced five grounds of objection, stating that the suit was incompetent in law because the court lacks pecuniary jurisdiction to try the matter and that the case was filed contrary to High Court Registries Rules, as the cause of action allegedly arose in Mwanza.

“The suit is incompetent in law in that the plaintiff (Kinana) has not pleaded any special facts that give the words complained of the alleged innuendo meaning,” one of the grounds reads.

He also states that the case was incompetent because the plaintiff has not pleased any special knowledge possessed by those to whom the words were published which gives the words the alleged innuendo meaning.

In the suit, Rev. Msigwa, who is the defendant, is alleged to have accused Mr Kinana of being an elephant poacher and a criminal dealer in ivory, including illegal transport and export of ivory.

Through his advocate, Mr Eric Ng’maryo, the CCM boss is also requesting the court to order the opposition legislator to pay other damages to be assessed by the court, interest at the court rate from the date of delivery of judgment to the payment of a decretal amount in full and costs of the suit.

Mr Kinana is also seeking orders of the court to direct the MP to publish apologies in two daily English newspapers and two other Kiswahili tabloids and retract the claims involved.

Furthermore, Kinana wants Msigwa restrained permanently from publishing such defamatory remarks against him. It is alleged that Rev. Msingwa, who is also shadow Minister for Tourism and Natural Resources, defamed Mr Kinana on various occasions and at various places, in and outside Parliament, notably at a public rally held at Nyamagana playgrounds in Mwanza City on April 21, this year.

During the meeting in question, Rev. Msigwa is alleged to have said that “Kinana (naomba waandishi wa habari mnikisie na nyie Usalama wa Taifa mkapeleke habari) hana sifa za kupita barabarani na kuwaambia Watanzania waiamini CCM. Kinana mikono yake si misafi.”

He was also reported to have said, “Hata kwenye Nasaco, Shirika la Meli Tanzania, kuna harufu ya ufisadi ndani yake; ajibu hoja...Kinana meli zake ndizo zinazohusika kubeba mapembe nchi hii. Hajajibu hoja hizo! Kwa siku nchi hii tembo sitini na saba wanauawa..”.

Rev. Msigwa is alleged to have gone on: “Hao ndio wanaokifadhili Chama Cha Mapinduzi wakina Kinana halafu wanakuja eti kuwashawishi Watanzania muwasikilize na kwamba Chama Cha Mapinduzi eti ni kizuri.” He allegedly added: “

Halafu leo tukikaa ndani ya Bunge tunapojaribu kuwatetea wananchi tumeacha majimbo yetu. Haya mambo ninayoongea ni hatari kwa sababu haya yote ni majangili, ni organized crime.”

Thereafter, it is alleged that Rev. Msigwa reiterated similar claims in the National Assembly when tabling the Opposition speech when debating budget estimates for the ministry’s 2013/2014 financial year.

Mr Kinana contends that the alleged false and defamatory statements have disparaged him and lowered him in the estimation of right-thinking people, as the alleged defamatory utterances continue to be read and will permanently remain on record in various sources of information.

DAILY NEWS TANZANIA:

Crime slightly up this year - police

Incidents reported at various police posts across the country have increased to 66,906 in 2013 from 66,252 reported in 2012.

Commissioner of Operation in the police force, Paul Chagonja told a news conference yesterday in Dar es Salaam that the incidents were reported between January and November in the respective years.

According to the commissioner’s report, most reported criminal incidents include rape, killings, armed robbery, drug abuse, illegal possession of guns, illegal immigration and traffic offences. “About 81,628 crime suspects were arrested and brought before the courts of law,” he said.

On road accidents, Commissioner Chagonja said, statistics show a gradual increase from 21,515 cases reported in 2012 to 22,383 cases in 2013. Drug trafficking cases such Heroin, Cocaine, Mandrax and Morphine have gone down by 7.3 percent since January this year. 

He also pointed out that the police also acted against human and environmental violence, importation of fake products, land disputes and cases associated to cyber crimes.

However, he said the police are putting in place new mechanism to combat crime in society including working on information on criminal activities and increasing security.

He stressed that the police force is committed to ensuring safety of people and their properties. 

SOURCE: THE GUARDIAN

Some 866 charged in court for embezzlement in 2011/2012 - PM

EMBEZZLEMENT of public funds in local government authorities has landed some 866 officials in courts, district councils’ disciplinary committees and Public Service Commission for actions between the year 2011/2012 and September, this year, Prime Minister, Mr Mizengo Pinda said on Saturday.

The officials who suffered the wrath of swindling taxpayers’ money include 52 district executive directors, 65 heads of departments and 749 other officials in district councils countrywide.

The premier made the remarks yesterday in his speech to adjourn the session of the House to May 6, next year in which the National Assembly will meet for the marathon budget session.

“Among them 232 officials were sacked, 233 arraigned, 186 suspended while 33 were relinquished of their positions in addition to 133 who were warned, 32 demoted and 36 who were taken to police and PCCB (Prevention and Combating of Corruption Bureau).

“The government will continue strengthening discipline in use of public funds by taking appropriate actions for all public officials who will be implicated in misuse of taxpayers’ money,” he said.

The remarks by the PM followed concerns by MPs debating the parliamentary Local Authorities Accounts Committee (LAAC) during the first week of the House session that the government has been reluctant to take actions against thieving officials.

He noted that part from the legal and disciplinary actions against individuals at the local councils, other efforts such as conducting special audits on local authorities in order to check misuse of public funds.

“I would like to inform MPs that despite several challenges in supervision of public funds in local authorities, the government has made strides in checking misuse as it can be indicated by various reports of the Controller and Auditor General (CAG),” he noted.

Audits by the CAG on local government authorities between the financial year 2000/2011 and 2011/2012 has shown that there is significant improvement in proper use of public funds.

During fiscal year 2000/2001, just 16 local government authorities (representing 14 per cent) had unqualified opinion, 23 were slapped with questionable opinion (20 per cent), while 75 councils (representing 65 per cent) received qualified opinion.

The trend has, however, changed during the financial year 2011/2012 where 104 local government authorities (78 per cent) had unqualified opinion while 29 authorities (21 per cent) had questionable opinion. None of the authority had a qualified opinion.

Regarding food situation in the country, the PM said an assessment conducted in October, this year, showed that there was food shortage facing 828,063 people who will need 23,312 tonnes of food by February, next year. “Between July and November, this year, the National Food Reserve Agency (NFRA) had allocated 16,119 tonnes of food for district councils with shortage of food.

As of December 16, this year, a total of 13,716 tonnes had been distributed to the respective areas,” Mr Pinda said. Four districts facing the shortage namely Mwanga, Babati, Igunga, Mpwapwa and Manyoni are yet to collect some 2,402 tonnes of food.

The premier directed executives at local government authorities to ensure that they collect the food stock by January 15, next year or face disciplinary actions, noting that the government will ensure availability of food in areas with shortage.

DAILY NATION TANZANIA:

Bangladesh Tazreen factory fire: Police charge owners

Thirteen people, including the two owners, have been charged over a factory fire in Bangladesh in November 2012 that killed more than 100 people.

Police said they had charged Delwar Hossain and his wife, as well as security guards and managers, over the blaze at the Tazreen factory in Dhaka.

It was the country's deadliest garment factory fire. In April 2013 the Rana Plaza factory collapsed killing 1,135.

Bangladesh has since pledged to improve conditions at its garment factories.

"Delwar and his wife Mahmuda Akter... and 11 others have been charged with death due to negligence," police investigator AKM Mohsinuzzaman Khan told the AFP news agency.

The multi-floor Tazreen Fashion factory, in the Ashulia district on the outskirts of the capital, supplied clothes to a variety of Western retailers including US giant Walmart.

The fire sparked protests from thousands of workers who claimed the building had been unsafe to work in; Delwar Hossain denied the allegations.

Dangerous conditions

The incident was subsequently overshadowed by the collapse of the Rana Plaza garment factory, also in Dhaka's suburbs, in April 2013, one of the world's worst industrial accidents.

The disasters shone a light on the poor safety standards of Bangladesh's clothing industry and the shocking working conditions of many of its workers.

International retailers who use the factories such as H&M and Zara, have since signed up to legally binding measures to improve workers' safety conditions.

The Bangladeshi government announced steps to improve conditions for its three million garment workers - most of whom are women. These conditions included raising the minimum wage and making it easier for them to form unions.

BBC NEWS:

US condemns Uganda's anti-homosexuality Bill

The United States urged the Uganda government on Friday to “stop enactment” of the Anti-Homosexuality Bill approved by the country's parliament.

“We condemn legislation that criminalises consensual sexual conduct between adults or criminalises simply being of a particular sexual orientation or gender identity,” a State Department spokesman told the Nation.

The comment echoes President Obama's characterisation of the bill in 2010 as “odious.”

The response by the State Department on Friday said the US “respects the sovereignty of Uganda and the prerogatives of its parliament to pass legislation.”

“Nevertheless,” the spokesman added, “we oppose any legislation that undermines a person’s enjoyment of his or her human rights.”

The statement notes that “a number of Ugandan government institutions have already spoken out against further criminalisation of homosexuality.”

The US cites the position of the Uganda Human Rights Commission, which said in 2010 that the Anti-Homosexuality Bill violated both Uganda's constitution and Uganda’s obligations under international law.

“Uganda’s judiciary has repeatedly supported the human rights of all Ugandan citizens, regardless of sexual orientation or gender identity,” the State Department added.

The opposition to the bill expressed by the US on Friday is consistent with the Obama's administration outspoken advocacy on a worldwide basis of the right of lesbians, gays and bisexual and transgender persons.

DAILY NATION KENYA:

Underage saves Mpanda boy from jail sentence

MPANDA  District Court in Katavi Region  has  acquitted  one Gerald Gabriel (18) resident  of Kawajense Street  in Mpanda Township who had been charges with making pregnant a 15-years-old school girl.

Reading  the judgment on Friday, the trial  magistrate Mr Chiganga Ntengwa  said Gerald was only 17 years -old contrary when he committed the offence last year.  “The laws forbids sending to jail the culprit because he had not attained 18 years when he committed the office. 

According to the charge sheet the offender was alleged  to have raped and impregnated a school  girl who was living with her uncle in the same area. He committed  the  crime  after  seeing that  all  the occupants  in  his uncle's  house  were absent. 

 Prosecuting , Inspector  of Police, Mr Ally  Mbwijo  told the  court  that despite his convincing  mitigation, the offender deserved a punishment  which would give a lesson not only to  him  but also to  others who commits  such crimes.  

Meanwhile, Mpanda District Court has sentenced John Mwakalebene (24) and Kamili Lugoye (30) both residents  of Kakese village to 60 years in jail after they were found guilty of committing armed robbery.

Trial Magistrate Chiganga Ntengwa said  the prosecution  side had proved its case  beyond  reasonable doubt that the  two  had committed the crime.

Reading  the judgment,  the magistrate said offenders had committed  the  crime  on July 7 last  year when they attacked  one Tija  Silasi  and  robbed  him of 430,000/- in  cash. They also stole two mobile phone handsets  worth of 100,000- each, other valuables all valued at 760,000/-

DAILY NEWS TANZANIA:

Kikwete calls for nominees to National Constituent Assembly

Dar es Salaam. Interested groups have been given until January 2 to present names of people they want to be included in the Constituent Assembly.

President Jakaya Kikwete has invited the groups for nomination through the Government Gazzete Notice No 443 published on Friday last week.

State House announced yesterday in the city that the groups will have to present not more than nine, but not less than four names.

The announcement comes only a day after the Constitutional Review Commission (CRC) announced it would hand over the Second Draft of the new Constitution at the end of this month.

As per the Constitution Review Act, the President may appoint up to 166 members from faith-based organisations, all fully registered political parties, institutions of higher learning and groups of people with special needs.

Others are workers associations, an association representing farmers, an association representing pastoralists and any other group of persons under whatever name having common interests.

THE CITZEN TANZANIA:

Canada Supreme Court strikes down prostitution laws

The Supreme Court of Canada has unanimously struck down the nation's anti-prostitution laws.

The high court deemed laws prohibiting brothels, communicating in public with clients and living on the profits of prostitution to be too sweeping.

The ruling follows a court challenge filed by women who participated in the sex trade.

The justices' decision gives the Canadian government one year to craft new legislation.

All nine of the court's judges ruled in favour of striking the laws down, finding they were "grossly disproportionate".

Community 'nuisance'

"It is not a crime in Canada to sell sex for money," Chief Justice Beverley McLachlin wrote in Friday's decision.

Canada's criminal code currently makes it illegal to keep a brothel, communicate in public about acts of prostitution or live off its proceeds.

But Justice McLachlin wrote: "Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes.

"The prohibitions at issue do not merely impose conditions on how prostitutes operate.

"They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky - but legal - activity from taking steps to protect themselves from the risks."

Under the ruling, the Canadian parliament has 12 months to rewrite the legislation or it will be withdrawn.

Anti-prostitution laws will continue to be enforced in the meantime.

A constitutional challenge by three women with experience in the sex trade, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, prompted the case.

'Compulsion from pimps'

Canada's highest court last ruled in favour of upholding the nation's anti-prostitution laws 34 years ago.

In March, the Ontario Court of Appeal upheld a ban on communicating for the purpose of prostitution, a decision which Ms Bedford challenged.

The federal and Ontario governments appealed against two other parts of that decision: striking down the law against brothels; and limiting the ban on living off the avails of prostitution.

The Canadian authorities argued that they should be entitled to legislate against prostitution as they "see fit".

Lawyers for the Ottawa government reportedly claimed "if the conditions imposed by the law prejudice [sex workers'] security, it is their choice to engage in the activity, not the law, that is the cause".

But the Supreme Court ruled it was a not a choice for many.

"Whether because of financial desperation, drug addictions, mental illness, or compulsion from pimps, they often have little choice but to sell their bodies for money," Justice McLachlin wrote.

BBC NEWS:

Ugandan MPs pass life in jail anti-homosexual law

Uganda's parliament has passed a bill to toughen the punishment for homosexual acts to include life imprisonment in some cases.

The anti-homosexuality bill also makes it a crime punishable by a prison sentence not to report gay people.

The prime minister opposed the vote, saying not enough MPs were present.

The bill has been condemned by world leaders since it was mooted in 2009 - US President Barack Obama called it "odious".

The BBC's Catherine Byaruhanga in Kampala says the government knows there will be an international outcry, which could see some countries suspend aid to the country.

She says that Prime Minister Amama Mbabazi might follow up on his complaints about a lack of quorum, while it remains to be seen whether President Yoweri Museveni will sign the bill into law.

The private member's bill originally proposed the death penalty for some offences, such as if a minor was involved or the perpetrator was HIV-positive, but this has been replaced with life in prison.

Miniskirt ban

The MP behind the bill, David Bahati, told the AFP news agency: "This is victory for Uganda. I am glad the parliament has voted against evil."

"Because we are a God-fearing nation, we value life in a holistic way. It is because of those values that members of parliament passed this bill regardless of what the outside world thinks," he said.

The bill also bans the promotion of homosexuality.

"I am officially illegal," Ugandan gay activist Frank Mugisha said after the vote.

The bill's supporters say it is needed to protect traditional family values, which they say are under attack from Western-inspired gay rights groups.

Its critics say the bill has been pushed by some US evangelical Christians.

Uganda is a socially conservative country and on Thursday passed an Anti-Pornography Bill, which bans miniskirts and sexually suggestive material such as some music videos.

Human rights activists say the bill highlights the intolerance and discrimination the gay community faces in Uganda.

One gay activist was killed in 2011, although the police denied he was targeted because of his sexuality.

Meanwhile a local newspaper has been condemned for publishing the names and addresses of people it said were gay.

Holidaymakers and visiting foreigners are not immune from prosecution under Uganda's existing anti-homosexuality laws.

A retired British man is awaiting trial in Entebbe on charges of possessing a gay sex video after thieves found images on his laptop.

Sixty-five-year-old Bernard Randall, from Kent, faces a possible two-year prison sentence if found guilty.

His friend Albert Cheptoyek, a Ugandan national with whom he shares a house, has denied a more serious charge of carrying out "acts of gross indecency", which could see him jailed for up to seven years if found guilty.

BBC NEWS:

ICC prosecutor seeks to delay Kenyatta war crimes trial

The International Criminal Court’s chief prosecutor has requested judges delay the war crimes trial of Kenyan President Uhuru Kenyatta, citing inadequate evidence against the former leader.

ICC Prosecutor Fatou Bensouda said on Thursday that one of the prosecution's key witnesses was no longer prepared to testify against Kenyatta. A second, she added, admitted to providing a false statement "regarding a critical event in the case" and had been removed from the prosecution's witness list.

"Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently the case against Mr Kenyatta does not satisfy the high evidentiary standards required at trial," Bensouda said.

Bensouda added she would continue attempting to gather evidence in the case against Kenyatta and would then decide if the new evidence was strong enough to warrant a trial.

Witnesses intimidated?

Human rights groups have warned in the past that witnesses in the Kenyatta case were being intimidated. Human Rights Watch lawyer Liz Evenson called Bensouda's remarks "deeply disturbing."

The decision to delay the court trial "comes in the context of an unprecedented climate of witness interference that the government has failed to check," Everson said on Thursday.

"We hope the prosecutor will use every appropriate means to continue her investigation" and see if she can proceed, she added.

Court decision awaited

Judges at The Hague based court must now decide whether to grant the adjournment, or dismiss the case entirely.

Kenyatta's lawyers have previously petitioned the court to dismiss the case, citing evidence against their client to be tainted by false statements.

The announcement is a setback for the ICC, which has had a number of high-profile cases collapse recently.
However, international commentators say the stay of proceedings could help ease tensions between Kenya and its African Union allies, who have long sought for the charges to be dropped.

Kenyan prosecutor doubts case

Kenya's Attorney General Githu Muigai said Thursday's announcement supported his belief there was no case for Kenyatta to answer.

"There was never any evidence to refer the matter…in the first place and there was no evidence to confirm the charges in the second place and there was no evidence to commence trial in the third place," he told the Reuters news agency.

"I stand by that position I have held consistently."

New evidence sought

Kenyatta stands accused to inciting ethnic violence following Kenya's 2007 elections, as well as arranging riots in which more than 1,200 people were killed. Deputy leader and former political rival, William Ruto, faced similar charges before a trial in The Hague earlier this year.

Following his election in March, Kenyatta has worked feverishly to have the criminal charges against him dropped or deferral of the trial.

The trial against Kenyatta had been expected to begin on February 5, 2014. Kenyatta has pleaded not guilty to the crimes against humanity charges which include murder, rape, forcible population transfer and persecution.

Bensouda said "many challenges" had faced investigators working in Kenya. In the past, she accused prosecution witnesses of being intimidated or bribed into withdrawing their statements against Kenyatta.

jlw/ipj (AFP, AP, Reuters, dpa) DW

Court awards local firm 1.5bn/- in damages

THE High Court in Dar es Salaam has ordered five South African companies to pay a leading Tanzanian ICT firm, WiA, a minimum of 985,000 US dollars (about 1.5bn/-) for leading a disguised effort to defraud the company and its shareholders.

Commercial Division of the High Court sided with WiA Group Limited that Convergence Partners and its affiliates, including Dimension Data, Convergence Wireless Networks, Dimension Data and Communication Solutions, among others, led a fraudulent and clandestine predation scheme of unlawful taking over WIA from the control of its lawful owners.

The court said it was satisfied that the companies fraudulently coerced WiA to enter into agreement for provision of designated services and supply of products based on uneconomical and unconscionable terms with a motive to defraud it.

Last year, WiA filed a suit against Convergence Partners and its affiliates over the matter. Sued along the five companies, were two foreign directors of WiA - South Africans Andile Ngcaba and Brandon Doyle for negligence and failure to act honestly and in the best interest of the company.

The duo were key architects of the fraud. WiA had accused the South African companies and their affiliates of leading a joint predatory scheme to try to take over the company by forcing it to enter into fraudulent and uneconomic contracts, causing serious financial and economic losses.

The company claimed that Convergence Wireless Networks (Pty) Ltd of South Africa deceitfully induced shareholders of WiA Group to agree to sign the South African firm’s conditional offer and subsequent Sale of Shares and Subscription Agreement (SSSA) and shareholders’ agreement.

Even after acquiring the shares, WIA alleged, the South African company failed to fulfill the terms of the promises, propositions and representations contained in the share sale agreements.

In a ruling read last week in Dar es Salaam, the court declared that the conditional offer culminating with the SSSA and SA were null and void for not having full consent of parties.

The court subsequently ordered that all the shares which fraudulently went into the hands of Convergence Wireless Networks (Mauritius) Limited immediately be transferred to original owners.

The court also ordered immediate removal from their positions of Mr Ngcaba and Doyle. In another development, the court ordered that the second defendant, Convergence Wireless Network (Mauritius) Limited, be removed from the register of members of WiA Company Limited and that the registrar of companies be notified of the decision.

The court further declared that an account and independent technical and financial valuation of WiA be taken to ascertain the level of losses and damages caused by the defendants’ actions and omission jointly and each of the individual.

The defendants have also been ordered to compensate the plaintiff for losses and damaged suffered as a result of collaborating action that led to technical and financial suffocation of WiA.

High Court Judge Kassim Nyangarika also issued a perpetual injunction against Dimensions Data Solutions Limited and other affiliates, including Dimensions Data and Internet Solutions, prohibiting them from conducting businesses or trade which directly or indirectly competes with the business of WiA within Tanzania.

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