Wanabodi, Baada ya Samson Mwigamba na Absolom Kibanda kuburuzwa mahakamani kwa uchochezi, leo ni zamu ya Mhariri Mtendaji wa Mwananchi Communications, Mzee Theophil Makunga, kuburuzwa mahakamani hapo, kuunganishwa na kesi hiyo. Habari hizi ni kwa mujibu wa Mzee Theophil Makunga mwenyewe. "Wahariri Wenzagu, baada ya Kibanda Mimi leo nilihojiwa na polisi kwa takriban saa kadhaa kuanzia saa 4.30 hadi saa saba na nusu kama acting MD wa Mwananchi ambao ni wachapaji (printer) wa magazeti ya Free Media Ltd. Baada ya kuandika maelezo yangu niliambiwa nirudi polisi kesho asubuhi saa tatu na kisha nitapelekwa mahakamani Kisutu kuunganishwa na akina Kibanda. Mimi nitashitakiwa kama mimi si kama Mwananchi Communications Ltd. Makunga" My Take. Kwanza, Mzee Theophil Makunga, pole sana, sambamba na Kibanda na Mwigamba, tuko pamoja sana! Wanabodi, nawaombeni concetration sasa iwe kwa chanzo cha haya yote na sio matokeo. Kufikishwa mahakamani ni matokeo tuu, tena tusiwalaumu polisi, wao wanapokea maelekezo tuu, na watoaji maelekezo wanapo pa kuegemea. Mzizi wa fitna yote hii ni Sheria ya Magazeti ya Mwaka 1976. Hii ni moja ya sheria 40 za ukandamizaji, zilizotajwa na Tume ya Nyalali. Kesi hizi ndio opportunity pekee ya kushinikiza hii sheria iwe scrapped of from the books of laws kabla ya katiba mpya Julai, 2014! Nime attach hapa hiyo sheria ili tuu kuwajulisha, sheria ipo ila ilikuwa haitumiki, japo sasa matumizi yake ni kwa double standards. Ingetumika ipasavyo, magazeti kama Tanzania Daima, Mwananchi, Mwanahalisi na Raia Mwema, yangeshafungwa zamani!. Swali dogo la kujiuliza, ni kuwa kama sheria hii siku zote ipo, na imekuwepo ila imekuwa haitumiki, why now?. Jibu ni very simple, Serikali ya Tanzania inaogopa kilichotokea Misri, Libya na kwingineko, ambako vyombo vya dola, vimeitikia nguvu ya umma, hivyo kama ni kweli, askari wetu, wakiiukubali ushauri wa Mwigamba, na Wantanzania ambao tuna sifa ya utii wa Kikondoo, tukibadilika na kuvaa ujasiri kama wa wenzetu wa Misri, then inajua kitachofuatia!. Ikulu Tamu Jamani msifanye masikhara!. Angalizo: Nawaombeni sana tunapochangia thead hii, tutangulize uzalendo kwa taifa letu Tanzania na viongozi wetu, tuchangie kwa heshima, adabu na nidhamu ya hali ya juu, ili tusiliponze jukwaa letu hili kuonekana na sisi ni 'wachochezi' tusije mponza bure ndugu yetu, mwenzetu na kamanda wetu Max!. Natanguliza Shukrani. Pasco (wa jf). Background Nimeona niweke kipengele husika ili wasio na muda ku download wasome hapa. 31.-(1) A ''seditious intention'' is an intention- (a) to bring into hatred or contempt or to excite disaffection against the lawful authority of the United Republic or the Government thereof; or (b) to excite any of the inhabitants of the United Republic to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the United Republic as by law established; or (c) to bring into hatred or contempt or to excite disaffection against the administration of justice in the United Republic; or (d) to raise discontent or disaffection amongst any of the inhabitants of the United Republic; or (e) to promote feelings of ill-will and hostility between different categories of the population of the United Republic. (2) An act, speech or publication is not seditious by reason only that it intends- (a) to show that the government has been misled or mistaken in any of its measures; or (b) to point out errors or defects in the government or constitution of the United Republic as by law established or in legislation or in the administration of justice with a view to the remedyingof such errors or defects; or (c) to persuade any inhabitants of the United Republic to attempt to procure by lawful mean the alteration of any matter in the United Republic as by law established; or (d) to point out, with a view to their removal, any matters which are producing, or have a tendency to produce feelings Of ill-will and enmity between different categories of the population of the United Republic. (3) In determining whether the intention the with which any act was done, any words were spoken or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself- 32.-(1) Any Person who (a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention; (b) utters any words with a seditious intention; (c) prints, publishes, sells, offers for sale. distributes or reproduces any seditious publication; (d) imports any seditious publication, unless he has no reason to believe that it is seditious, shall be guilty of an offence and shall be liable upon conviction for the first offence to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment , and for a subsequent offence to a fine no exceeding fifteen thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment; and such publication shall be forfeited to the Republic- (2) Any person who, without lawful excuse, has in his possession any seditious publication shall be guilty of an Offence and shall be liable upon conviction for the first offence to a fine exceeding five thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment, and for a subsequent offence to a fine not exceeding ten thousand shilling or to imprisonment for a term not exceeding two year or to both such fine and imprisonment. (3) It shall be a defence to a charge under subsection (2), if the person charged did not know that the publication was seditious when it came into his possession, he did, as soon as the nature of the publication became known to him, deliver the publication to the nearest administrative officer or to the officer in charge of the nearest police station. (4) A printing machine which has been, or is reasonably suspected of being, used for or in connection with the printing or reproduction of a seditious publication may be seized or otherwise secured by a police officer pending the trial and conviction or discharge or acquittal of any Person accused of printing or reproducing any seditious publication; and, when any person is convicted of printing or reproducing a seditious publication, the court may, in addition to any other penalty which it may impose, order that the printing machine on which the publication was printed or reproduced shall be either confiscated for a period not exceeding twelve months, or forfeited to the Republic, and may make such order whether or not the person convicted is, or was at the time when the publication was printed or reproduced, the owner of the printing machine. (5) A printing machine forfeited under subsection (4) shall be sold, and the proceeds less expenses shall be paid into the Treasury. (6) When the proprietor, publisher, printer or editor of a newspaper is convicted of printing or publishing a seditious publication in a newspaper, the court may, in addition to any other penalty it may impose, and whether or not it has made any order under subsection (4) make an order prohibiting any further publication of the newspaper for a period not exceeding twelve months. (7) The court may, at any time, on the application of the Attorney. General and on taking such security, if any, for good behaviour as the court may see fit to order, revoke any order madeby it for forfeiting or confiscating a printing machine or prohibiting further publication of a newspaper. (8) A court before ordering the forfeiture or confiscation of a printing machine under this section shall be satisfied that the printing machine was the printing machine upon which the seditious publication was printed or reproduced. (9) In any case in which a printing machine has been secured or confiscated under this section, the Inspector-General of Police may, in his discretion, cause- (a) the printing machine or any part of it to be removed; or (b) any part of the machine to be sealed so as to prevent its use: Provided that the owner of the printing machine or his agents shall be entitled to reasonable access to it to keep it in working order. (10) The Inspector-General of Police or any police officer in pursuance of the powers conferred by this section shall not be liable for any damage caused to a printing machine, whether by neglect or otherwise, not being damage willfully caused to the machine (11) Any person who uses or attempts to use a printing machine secured or confiscated under subsection (4) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment, (12) Any Person who prints or publishes a newspaper in contravention of an order made under subsection (6) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. (13) In this section the expression ''Printing machine'' includes a Printing Press, Copying press, type-setting machine, photographic, dublicating or engraving apparatus, or other machine or apparatus used for or in connection with printing or reproducing publications, and the type, appurtenances and equipment thereof. 33.-(1) No prosecution for an offence under section 32 shall be begun except within six months after the offence was committed: Provided that where a person- (a) commits such an offence from outside the United Republic; or (b) leaves Tanganyika within a period of six months after committing such an offence, the prosecution for such an offence shall be begun within six months from the date when such person first arrives in, or returns to, the United Republic after- (i) committing such an offence; or (ii) leaving Tanganyika, as the case may be. (2) A person shall not be prosecuted for an offence under section 32 without the written consent of the Director of Public Prosecutions. 34. No person shall be convicted of an offence under section 32 on the uncorroborated testimony of one witness. 35. In the case of any of the offences defined in this Part. when the manifestation by an overt act of the intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention. 36.-(1) Any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings Or to imprisonment or a term not exceeding three years or to both such fine and imprisonment. Publication of false news likely to cause fear and alarm to the public (2) It shall be a defence to a charge under subsection (1) if the accused proves that, prior to publication, be took such measures to verify the accuracy of such statement, rumour or report as to lead him reasonably to believe that it was true. 37.-(1) Any person who, without lawful excuse, prints, published or to any assembly makes any statement indicating or implying that it would be incumbent or desirable to do without lawful authority any act calculated to- Incitement to violence No. 3 Newspapers 1976 19 (a) bring death or physical injury to any person or to any category or community of persons; or (b) lead to destruction or damage of any property, shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. (2) For the purposes of this section ''an assembly" means a gathering of three or more persons. (3) A person shall not be prosecuted for an offence tinder this section without the written consent of the Director of Public Prosecutions. ======================== UPDATES Kutokana na hali ya mvua, Makunga hatofikishwa mahakamani leo. Huenda akafikishwa mvua itakaposimama, wenyewe wanasema kesho wakati hapa tunaambiwa mvua itaendelea hadi Jumapili Mvua Kubwa kuendelea kunyesha Dar hadi Jumamosi; hali kuzidi kuwa mbaya! | Fikra Pevu | Kisima cha busara!