Dar es Salaam: Judges take appellant to task for lying

Written by FAUSTINE KAPAMA 

JUDGES of the Court of Appeal on Friday pinned down a member of ruling Chama Cha Mapinduzi (CCM), Mr Renatus Masanja Salu, for giving false information over withdrawal of his advocate in an appeal case, challenging election results for Meatu Constituency.

Mr Salu had told the judges that he learnt about the pulling out of his counsel, Mr Kamaliza Kataga, from the case two weeks ago, before coming to attend the hearing session, but on perusal of the case’s file they (judges) discovered that the lawyer had quit since November, last year.

“Mind you are before the Court of Appeal. Why are you lying? Do you know that you are not allowed to lie while in court?” flanked by other Judges Mbarouk Mbarouk and Katherine Oriyo, presiding Justice Edward Rutakangwa asked the appellant (Mr Salu).

He reminded the appellant that after the advocate had given up from representing him in the matter, Salu was quoted by a section of the media, in December last year, complaining about the move and since then he never took any step to look for another advocate.

“Is it true that in December, last year, you complained through some newspapers about the withdrawal of your advocate?” Justice Rutakangwa asked the appellant. Sensing that the judges were far extra miles in knowing what was going on in his case, Mr Salu quickly responded, “It is true my Lord.”

The appellant also hurriedly offered an apology to the judges saying, “I am sorry. Spare me your Lordships and Madam Judge.” After being put into hot soup for some minutes, the appellant requested the judges to give him time to look for another advocate to prosecute his appeal case.

The appeal seeks to challenge a decision by the High Court, Tabora Registry that declared Mr Opulukwa Meshack Jeremia (Chadema) lawfully elected Member of Parliament (MP) for Meatu Constituency. According to him, he was shocked by the withdrawal of the advocate and could not engage another immediately considering costs involved in hiring a counsel and that he was not certain where the session would be held either in Dar es Salaam or Tabora.

However, the advocate for the MP, Mr Godwin Muganyizi, vehemently opposed the request for the postponement of the matter and requested the judges to dismiss the appeal. He said long time has passed since his co-learned friend withdrew from the case and the appellant took no steps.

“The appellant was negligent to some extent. When filing the case in court he knew costs will be involved. We know he has a right to be represented, but such right should not make him misuse it and waste court’s time,” he submitted.

Source: Daily News (11/02/2013): http://dailynews.co.tz/index.php/local-news/14579-judges-take-appellant-to-task-for-lying