Tanzania: Ponda wins appeal

Dar es Salaam. 

The High Court nullified a suspended sentence of twelve months imposed on a popular Muslim Cleric, Sheikh Ponda Issa Ponda, given by the Kisutu Resident Magistrate’s Court.

Judge Augustine Shangwa delivered the judgment yesterday after he was satisfied with the grounds of appeal given by the defence side that there was no sufficient evidence to convict the accused of the offence.

Sheikh Ponda, the Secretary of the Council of Islamic Organisations, was convicted by Resident Magistrate Victoria Nongwa of one count of forcible entry to a plot situated at Chang’ombe area in Temeke District, Dar es Salaam Region, and gave a suspended sentence of twelve months.

In the judgment delivered on May 13, last year, magistrate Nongwa also ordered Sheikh Ponda to keep peace and good behaviour.

 However, Sheikh Ponda, who was defended by advocate Juma Nassor, opposed the sentence on the grounds that there was no sufficient evidence to convict him of the offences he was charged with.

Giving his judgment on the appeal yesterday, judge Shangwa said that the prosecution failed to prove beyond reasonable doubt that the accused committed the offence.

“I agree with the defence counsel that there was no sufficient evidence, the trial court convicted the accused without sufficient evidence,” the judge ruled.

Sheikh Ponda and other accused were charged in the Kisutu court with several counts, including conspiracy, stealing of properties worth Sh59.6 million and forcibly entering a plot owned by Agritanza Ltd.

Sheikh Ponda and his co-accused, Mr Mukadamu Swalehe, were also jointly charged with sedition.

The Kisutu court in its judgment convicted Ponda for forcibly entry and acquitted all other accused.

Source: The Citizen