DAR ES SALAAM: More testify against Ponda

BY KARAMA KENYUNKO

A mason, Hamis Mkangama told the Kisutu Resident Magistrate’s Court that the Secretary General of the Muslim Communities and Institutions in Tanzania, Sheikh Issa Ponda stopped them from carrying on with the construction of a wall aimed at detaching the Markas land and mosque.

Mkangama who is the sixth prosecution witness said this yesterday when testifying in the case of incitement and invading private property facing Sheikh Ponda and 49 others before resident magistrate Victoria Nongwa who was presiding over the case.

Ponda and 49 others are prime suspects in five criminal counts including stealing property worth up to 59m/- and inciting the commission of an offence.

Led by principle state attorney Tumaini Kweka, Mkangama alleged that on October 7 last year he was at the Chang’ombe Markas along with other 20 masons building a wall to separate the land and the mosque.

He claimed that immediately Ponda arrived at the area and ordered them to stop building the wall claiming that the area is still in dispute.

He further alleged that they ignored his order and continued building the wall.

On his side, the seventh witness who is a watchman of Agritanza William Milanzi claimed that on October 12 last year he saw a group of people invading the land and dismantling the wall.

He alleged that the group took building materials that had been stored including blocks, iron bars and other materials and shifted them to another place.

According to the charge sheet it is alleged that, on October 12, this year, the accused conspired to commit an offence contrary to section 386 of the Criminal Procedure Act (CPA).

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

On the third count, it is 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 peace held 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 including 1,500 bricks and 36 tons of iron bars all valued 59,650,000/-, property of the company.

On the last count, it is alleged that Ponda and Swalehe purported to be the secretary and leaders of the council for Muslim organization and Associations of Tanzania incited his followers to commit the offences.

Ponda and Mkadam were remanded in custody after the Director of Public Prosecution (DPP) filed a ‘certificate of urgency’ to expedite the proceedings, which the court has no power to overturn.

SOURCE: THE GUARDIAN (01/02/2013): http://www.ippmedia.com/frontend/index.php?l=50741