Ponda’s followers land in jail

THE Kisutu Resident Magistrate’s Court in Dar es Salaam sentenced to three years imprisonment some 53 alleged followers of the Secretary General of the Council of Islamic Organization, Sheikh Ponda Issa Ponda, for conspiracy, unlawful assembly and rioting.

Resident Magistrate Sudi Fimbo convicted the accused after being satisfied by the evidence produced by 10 prosecution witnesses.

She ordered each accused person to serve a one year jail term on each count, but directed that the convicts would remain behind bars for only one year as the sentence runs concurrently.

“After considering the evidence produced during the trial, the prosecution has sufficiently established beyond reasonable doubt that the accused committed the offences,” the magistrate declared.

The magistrate rejected the line of defence evidence given by each convict, who purportedly claimed that they never participated in conspiracy and taking part in any kind of demonstration. She ruled that their testimony was full of contradictions.

On the contrary, the magistrate noted, the prosecution’s evidence “was very clear regarding the charges against the convicts.” She cited the testimony given by the Crime Officer of the Dar es Salaam Police Special Zone, Assistant Commissioner of Police (ACP) Ahmed Msangi.

The magistrate said the witness had accounted how a section of Muslims had written a letter to him (ACP Msangi) to conduct demonstrations to the Director of Public Prosecutions (DPP) to pressurize him to rescind his certificate, objecting bail to Sheikh Ponda, a request which was rejected.

“This evidence and the letter show that there was an agreement to hold the demonstrations after the Friday players, which were subsequently banned. The accused were also found with placards for the demonstrations. This shows that these people met and had a common purpose,” she ruled.

While sentencing the convicts, the magistrate rejected a plea by defence advocate Mohamed Tibanyendela for a community punishment, ruling that a custodial sentence would “serve a lesson to them (convicts).” Mr Tibanyendela said he would appeal against both conviction and the sentence.

Those jailed are Salum Makome, Said Idd, Ally Nandumbi, Hussein Athuman, Seif Rwambo, Abdul Ally, Waziri Swed, Naziru Waziri, Ahmed Rashid, Jumanne Kayogola, Hamis Tita, Amri Digaga, Salim Said, Rajabu Mpote, Haji Sheluhenda, Abdul Ahmed, Bakari Mwambale, Ramadhani Fadhili and Awalu Juma.

Others are Omar Mkwama, Kassim Chobo, Abubakar Bakari, Ramadhani Milambo, Athumani Juma, Abdallah Salim, Juma Makoti, Bashir Kakoti, Iman Omari, Waziri Toy, Rashid Lukuta, Bakari Athumani, Mbwana Kassimu, Nurdin Ahmed, Mustapha Mohamed, Rajab Kifundo and Zuberi Juma.

The rest are Omar Mkhandi, Idrisa Katulimo, Samali Mola, Said Dudu, Ramadhani Juma, Musa Sinde, Issa Sobo, Yahaya Salim, Jabir Twahir, Shemani Pilimo, Hashimu Henrishi, Athumani Yahaya, Yassin Selemani, Shaban Malendo, Yassin Mohamed, Khatibu Abdallah and Rajab Rashid.

Their convictions were sad news for some people, especially their close relatives and supporters of Sheikh Ponda. Some of them failed to hold back their tears after the twohour court session, especially after learning that a one year custodian sentence had been imposed against them.

“Ooooh, my husband has left me. What am I going to do now,” a woman, carrying a toddler, who was suspected to be the wife of one of the convicts, shouted amid sobs. Another woman lost temper and was about to exchange blows with the police before the cops used force to stop her.

The prosecution, led by Senior State Attorney Bernard Kongola, had told the court that the convicts conspired to commit offences on February 15, this year, in IIala District in the City. He alleged that with intent to carry out a common purpose, on the same day in the city, the accused unlawfully assembled in manner that would cause a breach of peace.

According to the prosecution, on the same day and place, the accused engaged in a riot without regard to the lawful proclamation issued by the police, prohibiting unlawful assembly.

Salum Makome, Said Idd and Ally Nandumbi were charged with an additional count of inciting members of public to join in an unlawful procession, but the magistrate dismissed the charge after the prosecution failed to produce any tangible evidence to substantiate the claim.

Before being sentenced, Senior State Attorney Ladislaus Komanya requested the court to severely punish the offenders in order to deter others who would be tempted to commit similar offences.