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Uproar as Tanzania govt promises tough action on hate, incitement

Saturday August 13 2016
tundu&mbowe

Tanzania opposition Chadema chairman Freeman Mbowe (right) and the party’s chief legal counsel Tundu Lissu at the Kisutu Resident Magistrate’s Court in Dar es Salaam on August 5, 2016. Mr Lissu was charged with three counts, including sedition and contempt of court. PHOTO | SAID KHAMIS

Is the Tanzania government clamping down on press freedom and curtailing freedom of speech? Or is it just delivering the tough action it promised against hate speech, illegal gatherings and demonstrations?

Political observers interpret this as CCM’s way of dealing with the opposition, which has remained defiant, poking holes in the ruling party’s policies.

Several weeks ago, President John Pombe Magufuli banned demonstrations and political gatherings, saying it was time to work and not to do politics.

The president further promised tough action against those who defied the ban but later relented, allowing politicians to hold meeting in their constituencies.

But mid this week, the government ordered the independent weekly newspaper Mseto shut for alleged incitement.

Nape Nnauye, the Minister for Information, said the newspaper had published a misleading story, linking the president to corruption.

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Mseto was banned for three years and will also not publish online, in accordance to the Electronic and Postal Communication Act (2008).

READ: Tanzania bans Mseto newspaper for three years

The 1976 Newspapers Act section 25 (1) states that, “Where the minister is of the opinion that it is in the public interest or in the interest of peace and good order so to do, he may, by order in the gazette, direct that the newspaper named in the order shall cease publication as from the date (hereinafter referred to as ‘the effective date’) specified in the order.”

Mr Nnauye said any media outlet that broadcasts or prints inciting stories from political gatherings will face the law — a statement interpreted in some circles as media censorship.

“I will not spare anyone who will echo incitement… If I insult someone here and you publish the insults you will be in for it,” the minister told The EastAfrican.

At the same time, the president’s office has warned Chadema chairman Freeman Mbowe and the party’s chief legal counsel Tundu Lissu against incitement.

Public leadership code

Public Ethics Committee Commissioner Salome Kaganda wrote to Chadema saying they had uttered words that ran counter to the public leadership code.

“The statements made by Chadema’s leaders did not in any way serve the interests of the public,” she wrote.

Dismissing the letter as a ploy to strip some MPs of their seats, Mr Lissu said that there was no evidence on such allegations.

“Moreover, according to my understanding of the Constitution, the laws and regulations of the public leadership code, it is not in the jurisdiction of the Ethics Commissioner or the Public Leadership Code of Ethics Secretariat with the lawful authority to establish the oath for the public leadership code of ethics I am being alleged for breaching the law,” Mr Lissu added.

A semi-independent rights body, the Commission for Human Rights and Good Governance, which is under the President’s Office, through a statement by its chairman Bahame Nyanduga, called for calm and dialogue, urging Chadema to stop referring to President Magufuli as a dictator because “Tanzania is a democracy and adheres to the rule of law.”

The commission convened a meeting on the issue but Attorney-General, ruling party CCM and the Inspector General of Police, who had all been invited, failed to show up, forcing the meeting to be called off.

The police have insisted that rallies called by the opposition are unlawful and are likely to breach the peace, calling for citizens to shun them.

In one of his tours across the country, President Magufuli had warned those planning rallies not to “dare” him.

“I am very different. I am never dared,” he said.

But responding to that, Mr Lissu said last week, “No one wants to dare the president. We have been conducting meetings for the past 24 years.”

READ: Tanzania opposition vows to hold 'defiance rallies' in spite of ban

But the president, who said there should be no political activities until the next election in 2020 and people should work, relaxed his ban and allowed only elected officials to conduct meetings within their constituencies.

Rights bodies have also criticised the president’s ban on political activities, saying it is against the Constitution.

Dr Helen Kijo-Bisimba, executive director of the Human Rights Centre, said the government had gone against the 1977 Constitution and democracy.

“The Political Party Act Article 3, Section 1(2) allows political parties to hold demonstrations and rallies and solicit people to demand change. It is sad to see that the government is not following the rule of law and is intimidating the opposition,” she said.

READ: Now Tanzania gagging the opposition both inside and outside parliament

Dr Kijo-Bisimba argued that the police force is making arrests following the president’s statement that no politics until 2020.

“Politicking is work for politicians,” she said.

Deus Kibamba, the chairman of a loose network of rights groups under the Constitutional Forum, warned against violation of the Constitution.

“The president is trivialising politics, reducing it to election campaigns, lies and idle talk yet there is more to politics. Politics is about inclusiveness.”

The ruling CCM has criticised Chadema’s announcement of staging demonstrations and rallies on September 1, on the grounds that this would disturb peace.

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