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Collapsing buildings: new probe into release of suspects

Eliezer Feleshi PHOTO|FILE

What you need to know:

  • The case has also raised hard questions about the credibility and effectiveness of Tanzania’s justice dispensation system. The DPP’s investigation will try to establish why the Kisutu Resident Magistrate’s Court set free the suspects when such cases are tried only by the High Court.

Dar es Salaam. A fresh inquiry has been launched into the controversial release of five men charged with manslaughter after the collapse of a 10-storey building in Dar es Salaam in 2008.

The Citizen on Saturday learnt that one of the key concerns was that the court that set the suspects free did not have the powers to do so. The Kisutu Resident Magistrate’s Court declared the five free and terminated the case in February last year after four years of stalled investigations. Questions on how the case was handled arose two weeks ago after a report in The Citizen on Saturday.

Director of Public Prosecutions Eliezer Feleshi, says he smelled a rat over the manner in which the case was handled by the court and investigators and “probably my officers” and has vowed to dig up the truth. “This is a blatant abuse of judicial powers…that court does not have jurisdiction to discharge people facing manslaughter charges,” Mr Feleshi added.

The office of the Director of Criminal Investigations (DCI) and the DPP are now in the spotlight, with victims calling for a full rollback of the case.

The case has also raised hard questions about the credibility and effectiveness of Tanzania’s justice dispensation system. The DPP’s investigation will try to establish why the Kisutu Resident Magistrate’s Court set free the suspects when such cases are tried only by the High Court.

Ilala Municipal building inspector Michael Mapunda, municipal engineer Brown Undule, architect Jones Mndeme, engineer Athanas Leonard and contractors Kantilal Premji and Satish Gordhan were charged with manslaughter following the death of 46-year-old Ali Shamte in the disaster.

The case dragged on for four years, supposedly because of incomplete investigations, before Kisutu Resident Magistrate Devotha Kisoka declared the accused free in February last year. She accused the prosecution of unnecessary adjournment and delays. Court records show that the prosecutors constantly pleaded for adjournments, sometimes on flimsy grounds as having forgotten a case file.

Yesterday, Mr Feleshi said they were still waiting for information from Mr Manumba, who is trying to establish why the case took so long and still ended with incomplete investigations. Last week, Mr Manumba told The Citizen on Saturday that he had not been aware of the case and promised a follow-up to establish what happened. Yesterday, he said he was in South Africa for a medical check-up and referred this reporter to his deputy, Mr Issaya Mungulu -- who said he did not have such instructions from his boss.

 

Worrying trend

A second case in which 11 men are charged with the collapse of a 16-storey building in the city centre in March this year appears to be following a similar script. It has been seven months since the crash that killed 36 people and injured hundreds, but investigations have reportedly not ended. Orders to investigate came from none other than President Jakaya Kikwete in the March 2013 incident while Prime Minister Mizengo Pinda ordered investigations to be carried out in the 2008 incident.

Cry for justice

At least four survivors of the 2008 disaster are claiming about Sh3.7 billion in compensation for loss of life and property in a case they opened recently.

Mr Hassani Nganoga, younger brother of Ali Shamte, and two women who were injured are jointly suing for Sh143 million in compensation. Mr Nganoga, Ms Sharifa Mtapile and Ms Amina Tingisha are suing the owner of the building, MC Soms Investment Limited, and contractor NK Decorators. The case was filed in July this year at Ilala District Court.

And Lalitaben Keshave and Ajaykumar Laxman have sued the two firms for Sh3.5 billion. They argue that the owner of the building and the contractor are jointly responsible for failing to abide by construction standards. Their case has been in the High Court since October 2009.