Court approves new affidavit in Polepole ‘abduction’ petition
Lawyer Peter Kibatala (second left) confers with Mr Humphrey Polepole’s relatives at the High Court in Dar es Salaam yesterday. Mr Polepole’s lawyers have filed a petition seeking to compel the government to produce the former ambassador before the court following his alleged abduction and disappearance earlier this week. PHOTO | MICHAEL MATEMANGA
Dar es Salaam. The High Court, Small Claims Division in Dar es Salaam yesterday approved a request by lawyers representing former Tanzanian ambassador to Cuba Humphrey Polepole to submit an additional affidavit in a case concerning claims of his alleged abduction.
The petition, case number 24514/2025, filed under an urgent Habeas Corpus motion, seeks a court order to produce Mr Polepole before the court.
It was filed on Tuesday against the Inspector General of Police and other respondents, including the Director of Public Prosecutions (DPP), the Attorney General (AG), the Special Zone Commander in Dar es Salaam (ZCO), and the Dar es Salaam Police Commander (ZPC).
Judge Salma Maghimbi, who is presiding over the case, granted the application to submit an additional affidavit, following a request from Mr Polepole’s legal team led by Mr Peter Kibatala. The court also set deadlines for submission and scheduled the full hearing for all parties on October 15 at 9.30 am.
Mr Polepole’s lawyers argued that new information had emerged since the first witness testimony, making it necessary to submit further evidence.
They requested that the matter continue ex parte, allowing proceedings without respondents who failed to appear despite receiving court summons.
The court ordered Mr Polepole’s legal team to submit his additional affidavit by today, while the second respondent must file a counter affidavit by Tuesday, October 14. Respondents who fail to appear will need court permission to submit any further affidavits.
Advocate Kibatala told the court that Mr Polepole, a Tanzanian citizen who has served in various government positions, including District Commissioner for Ubungo and ambassador to Malawi, Cuba, and other Latin American countries, voluntarily resigned from his diplomatic post earlier this year.
His resignation letter, dated July 13, 2025, was addressed to the President of the United Republic of Tanzania.
He alleged that in the early hours of October 6 unidentified individuals forcibly entered Mr Polepole’s Ununio residence in Dar es Salaam and took him to an unknown location. The claim has been corroborated by Polepole’s brothers, Godfrey and Agustino Polepole, and was widely reported in local media.
Mr Kibatala emphasised that as of the filing of the affidavit, Mr Polepole’s whereabouts remain unknown. None of the respondents has provided information on his welfare or legal status, raising concerns over his safety and constitutional rights.
The petition seeks to have Mr Polepole produced before the court pending the hearing of the full case. If successful, it could compel authorities to provide clarity on his detention or release him, while ensuring that due legal processes are respected.
The court’s approval of the additional affidavit is seen as a critical step in expediting the matter, especially given the urgency surrounding allegations of unlawful detention.
Lawyers representing Mr Polepole argued that immediate court intervention is necessary to safeguard his fundamental rights.
“This case highlights the importance of legal safeguards for all citizens,” Mr Kibatala said. “We are acting swiftly to ensure that Polepole’s constitutional rights are respected, and that the matter is addressed transparently and urgently.”
Mr Polepole’s legal team also includes Faraji Mangula, Alphonce Nachipiangu, Deogratius Mahinyila, and Grolia Ulomi, who are coordinating efforts to ensure the petition proceeds without delay.
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