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Afungwa siku 14 kwa kuvaa mlegezo mahakamani

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by EMT, Mar 21, 2012.

  1. EMT

    EMT JF-Expert Member

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    MSHITAKIWA Rajabu Athumani (20) jana amehukumiwa kifungo cha siku 14 kwa kosa la kuonekana mahakamani akiwa amevalia kaptula chini ya makalio maarufu kama mlegezo.

    Athumani ambaye alifika katika Mahakama ya Wilaya Ilala kwa ajili ya kusikiliza kesi nyingine inayomkabili ambayo kwa mujibu wa karani wa Mahakama hiyo ni ya ubakaji, alionekana akiwa amevalia hivyo huku nguo za ndani zikionekana.

    "Mtu kuvaa suruali chini ya makalio ikiwa sio maadili yetu na tamaduni zetu Waafrika hasa kwenye shughuli za Serikali na kuonesha nguo zake za ndani, anachukuliwa hatua haraka iwezekanavyo," alisema Hakimu.

    HabariLeo | Afungwa siku 14 kwa kuvaa mlegezo mahakamani
     
  2. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    Hampton outlaws sagging pants


    By Christian Boone

    The Atlanta Journal-Constitution
    4:53 p.m. Monday, July 25, 2011

    The city of Hampton has deputized the fashion police with a new ordinance outlawing sagging pants.

    The law went into effect Friday and covers offenders eager to advertise their brand of underwear. Specifically, the Hampton ordinance prohibits sagging three inches below the hip line, said City Manager Andy Pippin. Violators are subject to a $50 fine with scofflaws risking penalties of up to $200.

    "The police and city council have received numerous complaints about sagging pants," Pippin said. Police Chief Rad Porter, who was out of town and unavailable for comment Monday, modeled the law after a similar one passed recently in Albany.

    Municipalities across the nation have wrestled with the sagging epidemic for years. The town council of Delcambre, Louisiana was the first to legally prohibit the practice in 2007; Hahira, located near Valdosta, followed suit in March 2008.

    The interim police chief of Flint, Mich., which has one of the highest crime rates in the nation, went so far as to order the arrest of saggers but reportedly never followed through.

    Atlanta City Councilman C.T. Martin lobbied for a ban in 2007 but the council opted for a non-punitive resolution instead.

    "It was going to be so hard for a city as big as ours to enforce," said Martin, who called the practice "degrading and "disrespectful."

    There was also the threat of legal challenges, along with some calls of racism. The executive director of the Georgia ACLU said the proposal would establish "a framework for an additional type of racial profiling."

    That hasn't deterred municipalities including Hampton, Cordele and Dublin. City manager Pippin said he has yet to hear from any Hamptonites opposed to the plan.

    Police will be "very lenient" at first, Pippin said, allowing time for the word to get out. "Officers aren't going to be out looking for people with sagging pants," he said.

    Sagging was first popularized in the 1990s, with origins traced to the prison system, where belts are sometimes prohibited to prevent suicide attempts.

    Fads have rarely been so stubborn.

    "I'm 34-years-old and I can remember my dad telling me to pull my pants up 20 years ago," Pippin said.

    Source
     
  3. Amoeba

    Amoeba JF-Expert Member

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    Malezi, MALEZI. Vitoto vyetu tunaviona vinaanza kuvaa milegezo na kuvichekelea, mnategemea matokeo yake nini?
     
  4. chumvichumvi

    chumvichumvi JF-Expert Member

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    nashindwa kuongea lolote as cna authority je kuna mwenye authority atusaidie which laws applied hapo?
     
  5. EMT

    EMT JF-Expert Member

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    Contempt of the court?
     
  6. The Boss

    The Boss JF-Expert Member

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    hii ni kali kwa kweli.........
    miaka minne???????
    gharama za kumlisha miaka minne kwa kuvaa mlegezo?
    kwa nini wasingemchapa bakora yakaisha?
    au miezi sita?
     
  7. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    This is super funny!

    Kwamba shika bakora, chapa, mwachilie aende zake akawasimulie majita wake....hilarious.
     
  8. Roulette

    Roulette JF-Expert Member

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    Nullum crimen, nulla poena sine lege...
     
  9. Nelsweeter

    Nelsweeter Senior Member

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    What about industries those propagate by sewing these awkward fashions for our dudes?. I think it could fare if the law covers up to the producers, otherwise they are not serious
     
  10. EMT

    EMT JF-Expert Member

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    Wadhamini wasweka rumande kwa kuvaa suruali mlegezo

    25 Octoba 2010

    MAHAKAMA ya Wilaya ya Ilala Ijumaa iliyopita iliwasweka mahabusu siku 14 wadhamini wawili wa mshtakiwa baada ya kuingia mahakamani wakiwa katika hali ambayo mahakama hiyo iliitafsiri kuwa ni nusu uchi.

    Kabla ya mahakama hiyo kuamuru waswekwe rumande mwishoni ,wadhamini hao Ramadhani Bakire (19) na Mgeni Jetta (22) walifika mahakamani hapo kwa lengo la kumuwekea dhamana ndugu yao anayekabiliwa na kesi ya jinai. Wakati wakiingia mahakamani hapo walikuwa wamevalia suruali aina ya Jeans wakiwa wamezifunga kwa mikanda chini ya makalio katika mtindo uitwao "kata k" huku nguo za ndani zikionekana hadharani.

    Hakimu Wilberforce Luhwago aliyekuwa akisikiliza kesi ya ndugu yao huyo alilazimika kuacha kusoma barua zao hizo za udhamini baada ya kuona nguo zao za ndani zikiwa nje hadharani ndani ya mahakama na kuwahoji sababu ya kuingia mahakamani wakiwa wamevaa namna ile.

    "Ninyi kwa nini mnaingia mahakamani mkiwa mvaa nguo huku mmezishusha namna hiyo?" alihoji Hakimu Luhwago.

    "Mheshimiwa Hakimu, kosa la kwanza si kosa tusamehe tu na siku nyingine hututakuja hivi," alijibu mmoja wa wadhani hao, Ramadhani Bakire huku akipandisha suruali yake baada ya kubaini Hakimu kutopendezewa na hali.

    Hata hivyo licha ya utetezi wao huo, Hakimu Luhwago aliyeonekana kukerwa na hali hiyo aliwaambia kuwa kamwe hawezi kuruhusu Mahakama kugeuka kuwa uwanja wa kufanyia maigizo na kwamba karipio la mdomo pekee halitoshi isipokuwa kuwapumzisha rumande

    "Siwezi kuwapa karipio la mdomo kama njia ya kuwafundisha jinsi ya kuingia Mahakamani kwa adabu.Nafikiri aina ya uvaaji mliouvaa umeanza kukubalika kwa baadhi ya macho ya watu na katika baadhi ya maeneo fulani fulani;

    Lakini kwa hakika siwezi nikaruhusu na Mahakama nayo kuwa sehemu inayoweza kuvaliwa uvaaji wa aina hii, huu ni uhuni. Kwa hiyo mtapumzika ndani (mahabusu ) hadi kesi hii itakapotajwa tena hapa mahakamani (Novemba 5 mwaka huu)" alisema Hakimu Luhwago.

    Mwanamke mmoja aliyejiambulisha kwa Hakimu huyo ni dada wa vijana wadhamini hao alimuomba hakimu huyo awasamehe kwa kosa hilo, lakini bila mafanikio.

    "Umeshindwa kuwalea na kuwafudisha kuwa aina ya uvaaji huo una mipaka, najua kazi ya malezi ni ngumu, na hata viongozi wa dini hawajafanikiwa sana katika hilo;

    Kwa hiyo ndio maana sasa Mahakama inasaidia ulezi huo angalau kwa siku 14 tu hawatahitaji kufunzwa tena na hawatorudia tena kuingia kihuni mahakamani," alisisitiza Hakmu Luhwago

    Source: Wadhamini wasweka rumande kwa kuvaa suruali mlegezo
     
  11. Roulette

    Roulette JF-Expert Member

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    I am not a fan of 'mlegezo' and I believe that there is a minimum level of 'decency' they did not observe, but katika kesi hii naona hakim alitumia vibaya madaraka yake. He saw something that he did not like (yeye, sio sheria) and he decided to condemn it. Nobody (but him) accused them, there is not clear law violated (or at least he did not mention them) etc.
    What do you think about this EMT, I am still to hear your comments about this.
     
  12. Kapwila Matulu

    Kapwila Matulu JF-Expert Member

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    Labda hiyo penal law aliyoviolate inaexist!
     
  13. Roulette

    Roulette JF-Expert Member

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    Haikutajwa mkuu.

    Inaonekana aliongea kutokana na hisia zake za paop hapo, wala sio kutokana na sheria yoyote. Alichosema ni kwamba ni uhuni, ni kukosa adabu. Journalist ndie alisema kua walikua uchi kwa kua walianika nguo za ndani. If at least he had linked their dressing to exhibitionism... then alitakiwa kusema, na kutamka sentence kwa kufata utaratibu wa sheria.
     
  14. EMT

    EMT JF-Expert Member

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    May be this article from Jamaica may give an insight especially in the areas I have highlighted in red.

    Strict dress code to be enforced in courts

    Directives from at least one senior resident magistrate at the Corporate Area Resident Magistrate's Court indicate that come January 2012, persons who attend the court in a mode of dress deemed inappropriate will be found in contempt of court.

    The warning was given recently by Senior Resident Magistrate Judith Pusey during court proceedings as she made mention that too often persons were appearing before the court in jeans and T-shirts among other things.

    Furthermore, she outlined that in earlier years, persons attired themselves accordingly in a respectable manner when they appeared before the court, however, that practice seemed no longer evident.

    "January, you cannot wear that come in here, sir. I am telling you from now," was the sentiment expressed by RM Pusey to one defendant who appeared before her attired in a jeans pants and a T-shirt.

    In light of the imminent changes, the RM joked that those persons who are interested in making a profit could buy jacket suits and rent them to persons to wear when making appearances before the court.

    Checks by THE STAR indicate that a person could be fined up to a maximum of $1m or two years in prison if they are convicted on a charge of contempt of court.

    Further checks revealed that even though there is no statute or ordinance in law dictating an acceptable mode of dress to be adhered to when appearing before the courts, judges have the authority to exercise discretion as it regards the mode of dress.

    A further enquiry into the matter led THE STAR to a sign posted at the entrance to the court which distinguishes the do's and don'ts for both men and women. It stated: Moderate dress is expected, chest, stomach or thigh must not be exposed, and tight clothing, including blouses, pants or mini-skirts are not allowed for women.

    On the other hand, earrings should not be worn, shirts must be tucked inside pants, chest or chest hair must not be exposed, pants should be secured to the waistline and hipsters are not allowed for men.

    Strict dress code to be enforced in courts - News - Jamaica Star - November 15, 2011
     
  15. Roulette

    Roulette JF-Expert Member

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    Hii ni Jamaica... nimesoma hapa:

    Ni sawa, na kama in Tanzania this applies too, basi hakim alifanya kazi yake.
    BUT, naogopa kutakua na abuses. Imagine wanasema no earings. kwa nini? that is just because they don't like them? wengine tunavaa cultural earings, they are the symbol of us being daughers of such and such, sister of such and such, our position in the family, our status as mothers etc. Utamwambia mmasaai asivae hereni, it is part of his identity you are stripping just then. talkiing about masaai, would you tell them not to expose their tights in court if they come in their traditional outfit? they should exercise some judgement.
     
  16. Nyani Ngabu

    Nyani Ngabu Platinum Member

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    That is judicial discretion for you!
     
  17. EMT

    EMT JF-Expert Member

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    The discretion permitted to judges in determining what is contempt and how to punish it has led some legal scholars to argue that the contempt power gives too much authority to judges. Earl C. Dudley, University of Virginia law professor, once wrote that in the contempt power, "the roles of victim, prosecutor and judge are dangerously commingled." Critics have argued that judges-who are the principal offended party-may be too harsh.

    Lakini so far kwenye kesi za Tanzania hatuna uhakika kama if those people were found guilty of contempt to court. It is just a speculation. Sheria ya Tanzania in relation to contempt of court hii hapa. Does it apply to the two Tanzanian cases?

    Contempt -Penal Code

    114.-(1) Any person who

    (a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or

    (b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document or other thing, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room1; or

    (c) causes an obstruction or disturbance in the course of a judicial proceeding; or

    (d) while a judicial proceeding is pending, publishes, prints or makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or

    (e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or

    (f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence; or

    (g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or

    (h) wrongfully retakes possession «of any land or other property from any person who has recently obtained judgment from a court for the recovery of possession of such land or property; or

    (hh) wrongfully retakes possession of any child from any person who has obtained the custody of such child under an order of the court; or

    (hhh) having the means to pay any sums by way of compensation or costs or otherwise-in civil or criminal proceedings awarded against him by a primary court, wrongfully refuses or neglects after due notice to make such payment in accordance with any order for payment whether by installments or otherwise; or (i) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken.

    is guilty of a misdemeanour, and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.
     
  18. simplemind

    simplemind JF-Expert Member

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    I have no qualm about wearing jeans and T shirts in court of law. Allowing Judge to rule on dress code amounts to encroaching on our basic rights. Indeed wearing of jeans should be allowed hata bungeni. I love my blue jeans.
     
  19. vicent tibaijuka

    vicent tibaijuka JF-Expert Member

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    mh. mnyonge hana haki!! hii ndo inaonyesha hasa! kunasheria gani inasema mtu asivae mlegezo? mbona hazijafungiwa kuuzwa?? hakuwa na wakili? Hakimu katumia kigezo gani! wanajifanya wanamaadiri huku ukimwi unawamaliza. wash.....z. tu hawa! wapeni watu uhuru. msiishi kwa fikira finyu!! democracy iko wapi sasa??
    \
    :scared:
     
  20. EMT

    EMT JF-Expert Member

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    Kwa hiyo kigezo ni kama zinaruhisiwa au hazuhusiwi kuuzwa? Kama ndio kigezo, basi kwa vile ni ruksa kuuza chupi basi watu wawe wanarhusiwa kuingia mahakama wakiwa wamevaa vyupi tuu?
     
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