Sheikh Ponda Issa Ponda confers with his lawyer, Mr Juma Nassor, at the High Court in Dar es Salaam yesterday. The court rejected Sheikh Ponda’s request for a review of incitement and sedition charges brought against him in a lower court. Story on Page 3. PHOTO | VENANCE NESTORY
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In the application, Ponda who is represented by advocate Juma Nassor, wants the High Court to review a decision by the Morogoro Resident Magistrates’ Court that refused to withdraw sedition charges against him.
Dar es Salaam. Prosecution has asked the High Court to turn down an application to review sedition charges filed by controversial Muslim Cleric Sheikh Ponda Issa Ponda for having legal defects.
In the application, Ponda who is represented by advocate Juma Nassor, wants the High Court to review a decision by the Morogoro Resident Magistrates’ Court that refused to withdraw sedition charges against him.
However, submitting their preliminary objection yesterday, prosecution led by Senior State Attorney Bernard Kongola alleged that the affidavit supporting the application had incurable defects that could not be amended. According to Mr Kongola, the affidavit attached to the application lacked necessary items including a date and also the person who was sworn.
“The application is null and should be struck out because it violated section 8 of the Notary Public and Commissioner for Oath Act as amended 2002,” Kongola submitted.
On their part, advocate Nassor Juma who represented Sheikh Ponda asked the court to dismiss the preliminary objection alleging that prosecution did not give reasonable grounds for their PO.
“This objection has been filed for the purpose of delaying the case so as the applicant can stay in remand prison,” advocate Juma told the court.
After hearing arguments from both parties, judge Rose Temba said she would give her ruling on December 11, this year.
Morogoro Resident Magistrates’ Court recently refused to withdraw seditious charges against sheikh Ponda who is also the secretary of the Council of Islamic Organisations in Tanzania.
The Muslim cleric was arraigned in the Morogoro court on August 19, this year, facing three counts of disobeying a lawful order and incitement to commit offences.
Prosecuting State Attorney Benard Kongola alleged that the accused committed the offences on August 10, this year, at Ndege Primary School ground in Morogoro municipality.
Ponda allegedly gave seditious statement, inciting the society in contravention of the Dar es Salaam-based court directive.
According to prosecution, Ponda incited Muslim Believers not to recognize mosque security teams formed by the Muslim Counci of Tanzania (Bakwata), which he claimed was a puppet of CCM and the government.
He is alleged to have committed the offence while serving a one-year suspended sentence handed to him by the Kisutu Resident Magistrates’ Court in Dar es Salaam in May, this year, after he was found guilty of trespass and ordered to preach peace for a period of one year.
