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IGP hana mamlaka ya kuzuia mkutano/maandamano

Discussion in 'Jukwaa la Siasa' started by ibange, Jan 14, 2011.

  1. i

    ibange JF-Expert Member

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    Sheria inayotumika kuhusiana na maandamano au mikutano ni the Police Force and Auxiliary Services Act, Cap 322 ambayo inapatina online kupitia www.policeforce.go.tz

    The law under section 43 empowers the “police officer in-charge of the area" to whom a written notification of the impending assembly or procession was submitted to give an order directing that the assembly or procession shall not be held as notified.

    Natuma kifungu kinachohusiana na maandamano pamoja na mikutano.

    CHAPTER 322

    THE POLICE FORCE AND AUXILIARY SERVICES ACT

    An Act to provide for the organisation, discipline, powers and duties of the Police Force, a Police Reserve and an Auxiliary Police Force and for related matters.

    Section 43: Assemblies and processions in public places

    43.-(1) Any person who is desirous of convening, collecting, forming or organising any assembly or procession in any public place shall, not less than forty eight hours before the time when the assembly or procession is scheduled to take place, submit a written notification of his impending assembly or procession to the police officer in charge of the area specifying–
    (a). the place and time at which the meeting is to take place;
    (b). the purpose in general of the meeting; and
    (c). such other particulars as the Minister may from time to time, by notice published in the Gazette, specify.

    (2) Where a person submits a notification in accordance with Sub-section (1), he may proceed to convene, collect, form or organise the assembly or procession in question as scheduled unless and until he receives an order from the Police Officer in charge of the area directing that the assembly or procession shall not be held as notified.

    (3) A Police Officer to whom a notification has been submitted pursuant to subsection (1), shall not give a stop order under subsection (2) in relation to the notification unless he is satisfied that the assembly or procession is likely to cause a breach of the peace or to prejudice the public safety or the maintenance of public order or to be used for any unlawful purpose.

    (4) The officer in charge of Police may stop or prevent the holding or continuance of any assembly or procession in a public place which has been convened, collected, formed or organised otherwise than in accordance with the notification under subsection (1) or in regard to which any particular specified by the Minister under paragraph (c) of subsection (1) has been or is being contravened and may, for any of the purposes aforesaid, give or issue such orders as he may consider necessary or expedient, including orders for the dispersal of any such assembly or procession as aforesaid.

    (5) The Minister may by order declare that the provisions of this section shall not apply to any assembly or procession convened, collected, formed or organised exclusively for one or more of or a combination of one or more such purposes as may be specified in such order.

    (6) Any person who is aggrieved by the terms of a stop order issued under subsection (3) or, any order given by a police officer under subsection (4), may appeal to the Minister whose decision on the matter shall be final.

    Who is the “Police Officer in charge of the area?”

    Section 2: Interpretation

    "Officer in charge of police" means the police officer appointed by the Commissioner under section 8 to be in command of the police in any place or any police officer, his senior in rank, for the time being in such place; and where no police officer has been so appointed as aforesaid, includes the administrative officer for the time being in charge of such place;

    Jambo la kuzingatia ni nani aliyepewa mamlaka kwa mujibu wa sheria kushughulikia maandamano au mikutano katika eneo fulani? Order iliyonukuliwa haisemi IGP, inasema Police Office In-Charge of the area. Is IGP the Police Officer In-Charge of Arusha? The answer is very clear "no". Kama sheria imetoa mamlaka kwa chombo au ofisa fulani kushughulikia suala fulani hasa kama linagusa kutolea maamuzi haki za raia mamlaka hiyo itatumiwa tu na chombo au ofisa aliyetajwa na sheria husika, si vinginevyo. Aibu kwa IGP alikalikurupuka!
     
  2. zomba

    zomba JF-Expert Member

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    haya wapeleke mahakamani.
     
  3. EMT

    EMT JF-Expert Member

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    section 44 of the same Act states that "The officer in charge of Police may stop or prevent the holding or continuance of any assembly or procession in any place whatsoever if, in the opinion of such officer the holding or continuance, as the case may be, of such assembly or procession breaches the peace or prejudices the public safety or the maintenance of peace and order and may, for any of the purposes aforesaid, give or issue such orders as he may consider necessary or expedient, including orders for the dispersal of any such assembly or procession as aforesaid.

    Is the IGP an officer in charge of Police?
     
  4. k

    kiche JF-Expert Member

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    suala si mahakamani tu,pia inatusaidia kupata elimu ila uzuri wako wewe unaeleweka kuwa kila kitu kinachoandikwa unajihami kuwa ni upinzani tu!!!!!!!.
     
  5. G

    Gad ONEYA JF-Expert Member

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    Kwa tabia zilizojengeka kwamba raia wengi hawajui sheria basi anajipa mwenyewe akijua kwamba watu hawatagundua
     
  6. babayah67

    babayah67 JF-Expert Member

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    Nafikiri maana ya " Police Officer in Charge of the area" inategemea na cheo cha Poice Officer huyo. If that is the case, then, kwa IGP yeye in Officer in Charge wa nchi nzima. Na kama unaongelea RPC, yeye area yake ni mkoa husika hivyo hivyo kushuka hadi eneo la mtaa. Wa juu akitoa amri ina overrule amri nyingine zote za chini yake.
     
  7. P

    Paul S.S Verified User

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    kwa mujibu wa muundo wa jeshi la polisi, polisi wote wanafanya kazi kwa niaba ya igp. in other way igp dalegate powers to police oficers to perform duties on behalf.
    Hii haimaanishi kitendo cha kudalegate power ndio kinamuondolea uwezo wake wa kufanya kazi alizodalegate..
     
  8. P

    Paul S.S Verified User

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    Mkuu asante kwa maelezo yako, Mkuu wa kituo madongo kuinama ndio ndio incharge wa area hiyo lakini na yeye yuko chini ya wa wailaya nayeye ni incharge vivyo hivo na wa wilaya yuko chini ya wa mkoa, utakuta wamkoa nae yupo chini ya wa kanda.
    Mwisho wa mwisho ni igp ndio incharge wa tz nzima.
    Watu wanajua ila wanajifanya hawajui
     
  9. Dingswayo

    Dingswayo JF-Expert Member

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    Kwa hiyo hakuna rpc au police yeyote atakayetiwa hatina kwa mauaji ya raia isipokuwa IGP. Kesi kama za kina Zombe IGP alishtakiwa?
     
  10. zomba

    zomba JF-Expert Member

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    Hawa mawakili uchwara ndio wanapeleka watu pabaya. Polisi wana haki ya kuzuwia maandamano saa yoyote na si maandamano tu, hata mkusanyiko wa watu wana haki ya kuusambaratisha. Hizo zingine zote pumba.
     
  11. Y

    Yaptz Member

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    Mimi nadhani whoever is incharge, hakuna right ya kuondoa maisha ya watu bila sababu, kwa kisingizio tu tuliwazuia kuandama, mnataka kusema polisi wamekuwa mahakama kuwahukumu watu kifo kwa sababu ya kuandamana...
    watu walikuwa hawana silaha ambazo pengine zingekuwa hatari kwa polisi kiasi cha kusema angalau polisi walikuwa wanajihami......

    Kuua watu hakuwezi kuwa justifiable kwa kuwa na maamlaka ya kuzuia watu wasiandamane.... Walipomua Kombe, polisi waliohusika walifikishwa mahakani, Walipowahau wafanyabiahara polizi na ZOmbe wote walipelekwa mahakamani
     
  12. dazenp

    dazenp Member

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    section 44 of the same Act states that "The officer in charge of Police may stop or prevent the holding or continuance of any assembly or procession in any place whatsoever if, in the opinion of such officer the holding or continuance, as the case may be, of such assembly or procession breaches the peace or prejudices the public safety or the maintenance of peace and order and may, for any of the purposes aforesaid, give or issue such orders as he may consider necessary or expedient, including orders for the dispersal of any such assembly or procession as aforesaid.

    breaches the peace or prejudices the public safety or the maintenance of peace and order and may

    Breaches........Je did it breach or prejudice before or after the police did what they did? as per my understanding
     
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