Category: Justice

  • South Africa’s finance minister issued with summons

    {South Africa’s Finance Minister, Pravin Gordhan, has received a summons to appear in court on charges of fraud.}

    It relates to allegations of misconduct when he was in charge of the country’s tax collection service a decade ago.

    Mr Gordhan has said the allegations are wholly unfounded and are politically motivated.
    The summons requires him to appear in court on 2 November, which is after his budget policy statement due later this month.

    The fraud charges relate to alleged severance payments made to two senior executives at the South African Revenue Service (SARS), when it was under Mr Gordhan’s leadership 10 years ago.

    Prosecutor Shaun Abrahams also told a news conference that Mr Gordhan was being investigated for his role in setting up a surveillance unit at the tax department around the same time.

    Mr Gordhan has previously described that allegation as political mischief and has accused the special police unit conducting the investigation, known as the Hawks, of trying to intimidate him.

    Mr Abrahams denied there had been any political interference in the matter.

    In a statement released later by his lawyers, Mr Gordhan said he was taking legal advice “to bring the matter to an expedited end”.

    South Africa’s finance ministry once had a reputation for being immune from corruption, and the political shenanigans in the governing African National Congress (ANC).

    But that changed last year when South Africa had three finance ministers in a week.

    Analysts saw President Jacob’s Zuma attempt to install David van Rooyen – a political lightweight – as finance minister in December as a power grab by an elite perceived to be corrupt. They were defeated, with Mr Zuma forced to appoint Pravin Gordhan.

    The new minister warned of South Africa turning into a kleptocracy, and pointedly distanced himself from Mr Zuma’s business allies.

    But now Mr Gordhan faces a charge of fraud – and the courts will decide whether he was masquerading as a champion of good governance or, as he claims, is the victim of political mischief.

    He will probably become the first government minister in South Africa to be tried while in office – unless Mr Zuma fires him before then.

    Either way, it sets the scene for more political and financial turmoil in a country which was a beacon of hope for all of Africa when Nelson Mandela became its first black president in 1994, ending white-minority rule.

    {{Markets rattled}}

    Mr Gordhan’s efforts to rein in government spending have won him respect in the financial markets.

    News of his summons rattled the markets and the South African rand fell more than 3%.

    When President Zuma sacked Nhlanhla Nene as finance minister in December replacing him with David van Rooyen, the widely-criticised move sent the rand to record lows and caused the stock market to tumble.

    Within a few days Mr Gordhan was appointed in Mr van Rooyen’s place – a move designed to quell market discontent and restore some confidence.

    Many analysts believe that President Jacob Zuma would like to replace Mr Gordhan, who had previously served as South Africa’s finance minister from 2009 until 2014.

    The efforts of Pravin Gordhan (C) to rein in government spending have won him respect
  • Munyakazi genocide crimes hearing opens

    {Leopold Munyakazi accused of genocide crimes has today appeared in court for hearing of his case where he requested court to record whatever he says adding that he can’t speak before getting the names of the judges. }

    He explained that his request to recording everything he utters is meant to ensure that what he says matches with written statements during the process of trial.

    As the judges opened the hearing, they asked whether Munyakazi Leopold was present in court to which he responded with a question thus ‘who are you too?’

    Munyakazi insisted on knowing the identities of the judges in charge of his case.

    The court has read that Munyakazi is a son of Kanyamisambi Gerard and Nyirakabano Agnes born on 1/1/1960 in Kayenzi commune of Gitarama prefecture.

    The prosecution has accused him of five crimes including involvement in 1994 genocide against the Tutsi, conspiracy in genocide crimes, mobilizing people to commit genocide, murder and denying genocide against theTutsi.

    The judge has asked Munyakazi whether the read particulars can be used to identify him but denied to be the one, saying the prosecution might be holding a wrong person claiming he was born in 1950.

    When asked whether he accepts the alleged crimes, Munyakazi expressed the need of knowing his rights in court before he proceeds through the trial which the judge read for him.

    The prosecutor has explained that Munyakazi committed genocide crimes in former Kayenzi commune in Gitarama prefecture, the current Kamonyi district, in Gitwa cell, Kirwa sector.

    The prosecution has said that on May 19th, 1994, Munyakazi as a member of MDR political party, attended a meeting at Kirwa School where he said that Inkotanyi had come to kill Hutu in Umutara region and incited people that Tutsi should be killed as they spied for Inkotanyi.

    It alleged that Munyakazi had guns, supervised killings in Kayenzi commune among other crimes including denying publicly the 1994 genocide against the Tutsi at a meeting in USA at Delaware University where he said the killings emanated from racial conflicts.

    Munyakazi agreed that he owned two guns, brands of Masotera and Kalashnikov but he did not use them for wrong acts.

    The prosecution requested the accused to be remanded for the alleged crimes are grave in nature and to ensure he does not temper with investigations.

    When given opportunity to say something, Munyakazi again asked again to record what he says.

    He asked the court to never ask him anything before he gets a lawyer. After that, he went and took a seat.

    Leopold Munyakazi has appeared in court today
  • UN refugee agency, African host countries agree on final steps on Rwandan refugees

    {UN refugee agency, African host countries agree on final steps on Rwandan refugees
    The UN refugee agency and delegations from African countries as well as the African Union (AU) agreed yesterday on final steps to end the protracted Rwandan refugee situation after seven years of negotiations. }

    This ministerial meeting, hosted by the Office of the UN High Commissioner for Refugees (UNHCR) in Geneva, marks the last phase of a comprehensive solutions strategy for Rwandan refugees who fled their country between 1959 and 1998.

    “In a world where there are more than 21 million refugees, the focus should not just be on providing protection and humanitarian assistance, but on proactively identifying solutions. The meeting today constitutes a crucial step in providing solutions to the many Rwandans who sought refuge between 1959 and 1998, and in bringing one of Africa’s most protracted refugee situations to a close,” said Filippo Grandi, the UN High Commissioner for Refugees.

    The participants, who hailed from Rwanda as well as the major refugee host countries – Angola, Burundi, Cameroon, the Democratic Republic of the Congo, Kenya, Malawi, the Republic of Congo, South Africa, Uganda, Zambia and Zimbabwe – reaffirmed their commitment to bring the strategy, launched in October 2009, to its conclusion by the end of next year.

    Highlighting the progress made since the last ministerial meeting on the Rwanda refugee situation, the governments reiterated their willingness to provide an alternative legal status to those refugees choosing to locally integrate and encouraged them to avail themselves of the opportunity.

    All States confirmed that they will continue to promote the option of voluntary repatriation to Rwanda in safety and dignity, including providing the refugees with comprehensive information on the conditions of return.

    At the same time, UNHCR agreed to provide an enhanced return package, and to progressively transition from in-kind support to a more cash-based form of assistance to ensure their sustainable reintegration.

    The countries that have invoked the cessation clause reassured that any refugee whose refugee status is maintained after an exemption process will continue to receive international protection and be supported.

    At the meeting yesterday, UNHCR’s Assistant High Commissioner for Protection, Volker Türk, underlined that the agency stands ready to continue working with the States hosting Rwandan refugees to find solutions in accordance with the strategy and within the set timeline of December 2017.

  • Prosecution loses interest in Dr Mukankomeje case

    {Prosecution has announced it has lost interest in pursuing the former boss of Rwanda Environment Management Authority in a hearing that was held in Kagarama court of low instance in Kicukiro district.}

    Talking to IGIHE, the spokesperson of Rwanda National Prosecution, Faustin Nkusi has said that Dr Rose Mukankomeje is no longer pursued but declined to give more details on why the decision was made.

    “It is true that the state has lost interest in the case. I will give details after leaving the meeting I am attending,” he said.

    Dr Mukankomeje was first arrested on 21st March 2016 over alleged abuse of office by leaking work secrets to a one Bisamaza Prudence who was being investigated for bribery.

    She was released on April 14th 2016 by the high court as investigations got under way.

    The spokesperson of the judiciary, Emmanuel Itamwa had earlier told IGIHE that her trial would start on September 27th, 2016 before it was cancelled.

    Dr Mukankomeje has been recently replaced by Engineer Colette Ruhamya as REMA director general.

    Dr Rose Mukankomeje with her defender
  • Malian jihadist jailed for nine years for Timbuktu attacks

    {The International Criminal Court on Tuesday sentenced a Malian jihadist to nine years jail for razing Timbuktu’s fabled shrines, in a landmark judgement experts hope will help safeguard the world’s ancient monuments.}

    Ahmad al-Faqi al-Mahdi was convicted of a crime of “significant gravity”, ICC judge Raul Pangalangan told the tribunal, adding the chamber “unanimously sentences you to nine years of imprisonment”.

    A three-judge bench began handing down its judgments at 0930 GMT against Ahmad al-Faqi al-Mahdi, the first jihadist to stand trial at the tribunal in The Hague.

    Mahdi “oversaw the attacks on all 10” shrines and mosques in the UNESCO world heritage site, presiding judge Raul Pangalangan told the tribunal based in The Hague, west Netherlands.

    “The chamber unanimously finds that Mr al-Mahdi is guilty of the crime of attacking protected sites as a war crime,” he added, saying the crime had “significant gravity”.

    The historic verdict is the first to focus solely on cultural destruction as a war crime and the first arising out of the conflict in Mali.

    Prosecutors have asked for a jail term of between nine and 11 years, which they said would recognise both the severity of the crime and the fact that Mahdi was the first person to plead guilty before the court.

    Observers say they hope the sentence will act as a deterrent to those bent on razing the world’s cultural heritage, which UN chief Ban Ki-moon recently condemned as “tearing at the fabric of societies”.

    In an unprecedented move, Mahdi, aged between 30 and 40, last month pleaded guilty to the single war crimes charge of “intentionally directing” attacks in 2012 on nine of Timbuktu’s mausoleums and the centuries-old door of the city’s Sidi Yahia mosque.

    The slight, bespectacled man with a mop of curly hair asked the pardon of his people as videos were shown of him and other Islamist extremists knocking down ancient earthen shrines with pick-axes and bulldozers.

    Founded between the fifth and 12th centuries by Tuareg tribes, Timbuktu has been dubbed “the city of 333 saints” and the “pearl of the desert” for the number of Muslim sages buried there.

    Revered as a centre of Islamic learning during its golden age in the 15th and 16th centuries, it was however considered idolatrous by the jihadists who swept across Mali’s remote north in early 2012.

    As the head of the so-called Hisbah or “Manners Brigade,” it was Mahdi, a former teacher and Islamic scholar, who gave the orders to ransack the sites.

    ‘EVIL SPIRITS’

    Apologising for his actions at the court, he said he had been overtaken by “evil spirits”, urging Muslims not to follow his example, and saying he wanted to seek the pardon of all Malians.

    The court found that Mahdi, was a member of the Ansar Drine, one of the jihadist groups linked to Al-Qaeda in the Islamic Maghreb which seized the northern territory before being mostly chased out by a French-led military intervention in January 2013.

    “The verdict is eagerly awaited,” said Lassana Cisse, Mali’s national heritage director, adding that it must be a “punishment which sets an example”.

    Even though the list of UNESCO world heritage sites appears to be growing, there is little hope that those behind attacks on monuments in Iraq and Syria will find themselves in the dock any time soon.

    Neither country is a signatory to the ICC’s founding Rome Statute, meaning that without a mandate from the UN Security Council an ICC investigation into such crimes is not yet possible.

    The International Criminal Court on Tuesday sentenced Malian jihadist Ahmad al-Faqi al-Mahdi to nine years in jail for razing Timbuktu's fabled shrines, in a landmark judgement experts hope will help safeguard the world's ancient monuments.
  • Tanzania:30-year jail term for parents who marry off schoolgirls

    {The Prime Minister, Mr Kassim Majaliwa, yesterday warned that parents or guardians who marry off their school-going age daughters face prosecution and 30 years in jail as police in Rukwa Region have arrested three parents for the offence.}

    He observed that there were people who thought the matter was a mere joke, insisting that the government would spare nobody over child marriage. Mr Majaliwa asked parents to say no to early marriages so that their children can concentrate on their education for their future.

    He was speaking during separate public rallies held at Ikwiriri and Utete in Rufiji District, Coast Region. The prime minister said it was high time the law took its course to get rid of early marriages as well as dealing with early pregnancies.

    “Communities should now change by shunning the common habit of negotiations between offenders and parents of the affected girls so that we can find the final and conclusive solution to the vice,’’ he directed.

    Mr Majaliwa said the parents who will collude to have their school children married and those who will participate during issuance of dowry will be treated as parties to that offence, prosecuted at once and sent to jail immediately.

    “If you know that you are a mother or father and then get your daughter married, you should prepare to spend 30 years in jail … this shall include witnesses of that marriage,’’ he added.

    Mr Majaliwa further asked schoolgirls in Rufiji District to discourage the act of teenage pregnancies and early marriages saying that they added no value to their lives.

    He requested the communities to observe the maximum level of morals as well as inculcating into them the education loving culture instead of engaging themselves in evil habits.

    “I also want to remind school girls to concentrate into their subjects so as to avoid temptations that are likely to land them into trouble and totally ruining their future.

    Meanwhile, PETI SIYAME reports from Sumbawanga that police in Rukwa Region have arrested three parents for allegedly marrying off their daughters aged 15 years old, who were in Standard VI at Chipu Primary School in Sumbawanga Municipality.

    Similarly, one of the schoolgirls, who has been married at the village has been apprehended together with her parents for interrogation. Her husband, who has been identified as son of a retired teacher, Mr Daud Kwitwa, fled to unknown destination.

    In a similar matter, another schoolgirl and her husband fled from Chipu Village and settled at Malangali Village in Sumbawanga Municipality and reports had it that they got married in August at the Holy Spirit Catholic Church located at Malangali in the municipality.

    The Rukwa Regional Police Commander (RPC), Mr George Kyando, confirmed the arrest of the suspects, insisting that a manhunt has been mounted for the other married school girl and her husband.

    The arrested parents are Sebastian Sangu, his wife Hilda Mizengo, their daughter and another male parent, Misri Mwanakatwe.

    The Sumbawanga District Commissioner (DC), Dr Halfani Haule, told the ‘Daily News’ here that he made an impromptu visit at Chipu Primary School last week, accompanied by the Sumbawanga Municipal Academic Officer, Mr Frank Sichalwe .

    “I visited the school after learning that there is an increase in absenteeism rate at the school. While at the school, I went straight to Std VI class and went through names of all pupils through on the class attendance register.

    Out of 142 pupils, only 52 were present while 90 pupils were absent and I was told that they were known as truants,” Dr Haule said. According to the DC, after further enquiries, pupils themselves volunteered useful information to him that most of the truants have secured laid-back labour, including grazing cows, also revealing that two girls had been married off by their parents.

    “I right away directed the OCD to trace down the suspects and arrest them and fortunately in the same day father and mother of one of the married school girl were arrested together with their daughter, but her husband managed to flee to unknown destination. But at night, another male parent was arrested,’’ explained the DC.

    According to the DC, who is also a District Defence and Security Chairman, police have mounted a manhunt for another married schoolgirl and her husband who had gone on hiding at Mlangali Village.

    The Municipal Academic Officer, (Primary Schools), Mr Sichalwe admitted to have been informed that the other schoolgirl, who was in Std VI at Chipu Primary School and his man got married in August, this year, at the Holy Spirit Catholic Church at Malangali Village.

    Mr Sichalwe said that the Chipu Primary School with 1,268 pupils while 336 of them are habitual absentees.

    A cross-section of Chipu residents interviewed by this newspaper disclosed that Ms Hilda, the mother of one of the married schoolgirls, had been given 300,000/- by her son in-law.

  • Paris St-Germain’s Serge Aurier given two-month jail term

    {Ivory Coast footballer Serge Aurier, who plays for Paris St-Germain (PSG), has been sentenced to two months in jail for elbowing a police officer.}

    Aurier was also fined €600 (£521, $674) in damages over the incident at a Paris nightclub in May.

    He will remain free pending an appeal, which means he could play for PSG in the Champions League on Wednesday.

    The 23-year-old was suspended earlier this year over his comments about the then-PSG coach Laurent Blanc.

    Aurier was convicted on Monday of elbowing a police officer after leaving a nightclub in the early hours of 30 May.

    The defender had been stopped to take a breath test after leaving a Parisian nightclub.

    According to the police account, the officer involved needed to take a day off work to recover from his injuries.

    Aurier denied the charge, arguing that he was a victim of police violence.
    In addition to paying damages, he was charged a further €1,500 (£1,304; $1687) to cover court costs.

    The PSG defender has had a troubled year. His suspension from the Ligue 1 side in February came after he appeared to use homophobic language to insult then-coach Laurent Blanc.

    He also called his team-mate Angel di Maria a “clown” as he answered fan questions on social media app Periscope.

    On Friday, he was sent off for a foul in the first half of PSG’s Ligue 1 match against Toulouse.
    Despite the sentencing, Aurier is expected to be available for PSG’s tie against Ludogorets in Bulgaria on Wednesday.

  • Tanzania:Three jailed for life over church torching incident in Bukoba

    {Three Bukoba residents were yesterday sentenced to life imprisonment each by the Bukoba Resident Magistrate, Mr Victor Bigambo, after he convicted them of burning a church owned by the Evangelical Lutheran Church of Tanzania (ELCT) at Mushasha in Bukoba Rural District.}

    The convicts are Ally Dauda Hassan (35), a resident of Kemondo Village in Bukoba Rural, Rashidi Mzee (28) and Ngesela Kea (23), both residents of Rwamishenye Ward in Bukoba Municipality.

    Prosecuting, State Attorney Mavere Emmanuel told the court before hearing of the criminal case No C/S 67/2015 that the offence was committed on the night of September 16, last year.

    According to Mr Emmanuel, within a spell of four months, three churches were burnt at Kihanga Ward in Karagwe District. They include the Tanzania Assemblies of God (TAG) and Pentecostal Assemblies of God (PAG). He further alleged that last year, unknown assailants burnt two churches at Kaibanja and Katoro wards in Bukoba Rural District, causing loss of millions of shillings.

    He named the churches as Evangelical Lutheran Church of Tanzania (ELCT) at Kaibanja and Musila in Katoro Ward and a Roman Catholic Church at Kiijongo in Katoro Ward. On the night of September 22, last year, unknown people set on fire a Pentecostal Assemblies of God (PAG) Church at Buyekera in Bukoba Municipality, causing damage estimated at 4.7m/-.

    On the same night, the assailants torched two churches – Living Water International (LWI) along Bakoba Street, causing damage of 4m/- and Evangelical Assemblies of God (EAG) Church at Kibeta Ward, causing damage estimated at 4.2m/-.

    Before passing the sentence, Mr Bigambo noted that the six prosecution witnesses testified beyond any reasonable doubt that there were no other offenders but the convicts.

    Meanwhile, two residents from Karagwe District were on Wednesday sentenced to five years’ imprisonment each by the Kagera Resident Magistrate’s court after they were convicted of unlawful possession of human body parts belonging to persons living with albinism.

    The convicts were identified as Raston Faustine alias Mufuruki (41) and January Korongo (43), both residents of Kakulaijo Village in Karagwe District.

    State Attorney Shomari Haruna for the prosecution told Bukoba Resident Magistrate, Charles Oisso, that on March 27, last year,the accused were found in possession of human body parts at Ford Guest House at the Kyaka Centre in Misenyi District looking for a buyer.

    The human parts included a skull, elbow and jaws. He told the court that a person with albinism, who was identified as Barthazal Justine, a resident of Karagwe District, died sometime in 1991.

    The late Justine was uncle to the second accused, January Korongo. According to Mr Haruna, unknown people invaded the grave at night in 2003, exhumed the body parts and escaped to unknown destination.

    The matter was reported to police and thorough investigations were conducted, led by Senior Superintendent of Police Lazaro Manyasi, which led to the arrest of the two accused persons.

    A prosecution witness from the Muhimbili University of Health and Allied Sciences (MUHAS), Dr Adam Shaban Botea, told the court that he conducted a DNA test on some human body parts, which indicated that the deceased was a male.

    Eight prosecution witnesses testified in court. Before passing the sentence, Mr Oisso noted that the prosecution side had proved the case beyond any reasonable doubt, which pointed to the accused persons’ guilt.

  • 12 Rwandese nationals imprisoned for illegal stay

    {The District Magistrate Court has sentenced 12 Rwanda nationals to a one-year jail term each for entering the country illegally.}

    The Rwandans were sent to prison after they failed to pay a fine of Sh500,000.

    District Magistrate Joseph Luambano delivered the judgment on Wednesday. He said the accused committed the offence on 14 September.

    Those who were convicted include Baseke Pierre, 38, Tibesiana Alfonce, 27, Ndaisaba Jeanclaude, 25, and Tuizele Jeanclaude, 19.

    Others are Sibomana Halegek’imana, 31, Subana Jacob, 33, Ntawizera Ezekiel, 34, Ndaisaba Erick, 21, Ntahungujira Evarist, 47, Gwabigwi Focus, 31, Rutangwa Andrew, 31 and Hakizimana Innocent, 33.

    In a separate development, Mr Emmanuel Sentoole, 52, appeared before the court for allegedly murdering a Standard Six pupil at Nakatanga Primary School in the district.

    State Prosecutor told the court that the suspect committed the crime on July 20.

    However, Mr Sentoole wasn’t allowed to enter any plea as the court doesn’t have jurisdiction to hear the case. The suspect was remanded until October 3 when the case will come up for hearing.

    Meannwhile, Mr Shukrani Ayubu, 24, appeared before the same court for allegedly defiling a 14-year-old girl.The accused allegedly committed the offence on September 14. The case was adjourned to October 4.

  • Zimbabwean ‘flag abusers’ face jail

    {Zimbabweans risk imprisonment for abusing the national flag, the authorities have warned in the wake of anti-government protests.}

    Those who bring it into disrepute face a $200 (£154) fine and/or six months in jail, the justice ministry said.

    Nobody is allowed to sell the flag without prior permission from the ministry, its statement added.

    The flag is being used as a symbol of the calls for change by protesters under the #ThisFlag movement.

    It was started in April by a pastor who wrapped a flag around his neck and in a video posted on Facebook calling for Zimbabweans who were fed up with the perceived mismanagement of the country to stand up for themselves.

    Evan Mawarire’s social-media movement backed a stay-away campaign in July, the biggest strike action since 2005.

    He was accused of attempting to overthrow the government but a court dismissed the charges.

    At his court appearance he was draped in the flag, as were many of his supporters.
    He since fled the country and is currently in New York where he posted a video on Facebook on Tuesday, again wearing the flag around his neck, protesting outside the UN headquarters. President Robert Mugabe is in New York to attend the UN General Assembly.

    {{‘Total insanity’}}

    Over the last month there have been several anti-government protests with people wrapping themselves in the Zimbabwe flag – and the police have now banned marches in the capital, Harare, until mid-October.

    “Members of the public who engage in any action or activity, which involves the manufacture, sale or use of the national flag in contravention of the law are therefore warned that they are liable to prosecution and are liable to imprisonment if they are found guilty by a court of law,” Justice Ministry official Virginia Mabiza said in a statement.

    Promise Mkwananzi, the leader of young activists who protest under the banner Tajamuka, meaning “we strongly disagree”, dismissed the warning.

    “It is total insanity that government should ban citizens from using their own flag. We are going to continue to make use of our flag. It is our identity,” he told the Reuters news agency.

    The #ThisFlag movement began in April and is calling for change in Zimbabwe