African court quashes 5 submissions for Nguzas

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The court said the fact that the duo’s charges were reduced by a Resident Magistrate’s Court and that the court of appeal set Nguza’s two sons free means the court proceedings were fair

Arusha. The African Court on Human and Peoples’ Rights yesterday said there was no human rights violations in the judicial proceedings of Nguza Viking and his son that led to a life imprisonment for rape and sodomy in 2004.

Nguza, a musician, who is also known by the stage name of Babu Seya along with his three sons Johnson Nguza (aka Papii Kocha), Nguza Mashine and Francis Mbangu (aka Chichi) were give life imprisonment after being found guilty of raping and sodomising ten Mashujaa Primary School pupils aged between six and ten in the Sinza area in Dar es Salaam. They filed two appeals that saw his two sons (Mashine and Mbangu) set free. The convictions of Nguza and Papii were upheld. After exhausting all local remedies they filed a case at the African Court in 2015 requesting it to rule that their rights were violated during the court proceedings. Before their case at the African court was completed President John Magufuli set them free in December 2017 through a presidential pardon.

But yesterday reading the judgement on behalf of other seven members of the panel, Judge Gerard Niyungeko, said the court has quashed five submissions of the applicants that including the one that claimed that their rights to a fair trial were violated. The African court said the fact that the duo’s charges were reduced by the Kisutu Resident Magistrate’s Court from 21 to 8 and that the court of appeal set Nguza’s two sons free means the court proceedings were fair. The African court also quashed the submission that the applicants did not get an opportunity for adequate defense as they were adequately represented by their attorneys.

The submissions that were accepted by the African court are that the Resident Magistrate erred in rejecting Nguza’s request to test his impotence, and therefore, his material impossibility to participate in the commission of the alleged crimes. The African Court also said it was wrong for the Magistrate’s Court not to give enough consideration to the testimony of the defense’s 31 witnesses and also that the Court was also wrong for deliberately failing to call material witnesses in the scene of the crime.

In a judgement read for 55 minutes, Justice Niyungeko, from Burundi said the applicants had 30 days to claim for compensation on costs incurred during the hearing of the case, while government was given the same period to respond.

At the case, Tanzanian Attorney General was represented by state attorneys, Sara Mwaipopo, Nkasori Sarakikya, Baraka Luguna, Erisha Suka, and Aida Kisumo.

The applicants’ side was represented by Pan African Lawyers Union (PALU) Chief Executive Officer Donald Deya.

Deya said he was satisfied with the ruling but said he would issue further comment after receiving the charge sheet.