{The magistrate reached such a decision at the Kisutu Resident Magistrate’s Court in Dar es Salaam, after the RC had lost confidence inher. Makonda had accused the magistrate of issuing some words showing that she would be biased and, hence incompetent to observe justice in the case.}
Following the disqualification of the magistrate, Principal Resident Magistrate Thomas Simba has been assigned to conduct the proceedings of the case.
The matter came for mention yesterday and the new magistrate set May 2, for continuation of the hearing of the case. At the time Magistrate Riwa decided to disqualify herself from the conduct of the case, Mr Msinda, former Singida Regional Chairman and Mr Guninita, ex-Dar es Salaam Regional Chairman and then UV CCM National Chairman, had already given their testimony to support their case.
That means that RC Makonda would be required to appear before the court on May 2, to give his defence testimony against the claims presented against him by the two former cadres of the ruling party.
In the case, the two plaintiffs are demanding, among others, payment of 200m/- damages for alleged defamation.
They are accusing the RC of describing them as puppets of retired Prime Minister Edward Lowassa, allegedly used to destroy the party.
Other prayers in the suit include permanent injunction to restrain the RC from further printing and publishing or causing to be published the same or similar publications defamatory to the two plaintiffs, interests on the decretal sum at court rate from the date of judgment to the date of full satisfaction.
It is alleged that at the time the alleged defamatory statements were issued, Mr Makonda was a National Young Pioneer’s promotions secretary of UV-CCM. He is claimed to have called a press conference and issued the highly complained statements.
“Being puppets and unclean members who want to destroy the party, the plaintiffs should immediately leave the party. Religious leaders, youth and anyone who look for quick money should go to Mr Lowassa through his puppets, the plaintiffs,” reads a section of the plaint of the suit.
The plaintiffs allege that such statements were widely published and broadcast through various televisions stations like ITV, Star Television and various social media.
They claim that the statements were defamatory and were understood that the plaintiffs were intending to destroy their own party through corruption and they hold various positions within the party through corrupt means and therefore are incompetent to be leaders of CCM.
“Contrary to what the defendant alleged in the statement issued, the plaintiffs are the obedient and faithful members of Chama Cha Mapinduzi (CCM), who invested a lot in building up the party and they have never been puppets of anybody as alleged or at all,” the plaintiffs state in the plaint of the suit.
The statements published by the defendant, according to the plaintiffs, were circulated to injure and damage their reputation by exposing them to hatred, contempt or ridicule among members of CCM and the entire community at large.
“In consequence thereof, the publication has lowered the reputation and esteem of plaintiffs in the estimation of the right thinking members of the public in their positions and capacity they hold and held,” states another part of the plaint.
In a bid to mitigate the damages allegedly suffered, the plaintiffs through their advocate, Mr Benjamin Mwakagamba from BM Attorneys, demanded apology and compensation in lieu of such consequences.
But the defendant in reply thereto alleged that he was acting in his official capacity under the auspices of CCM Youth Wing and pursuant to the constitution, rules and regulation of his party, CCM, thus he could not render the apology nor make any compensation.
The plaintiffs allege that there is no any provision in constitution, rules and regulation of CCM party which provides for anybody or members to publish the untrue and defamatory statement, any official statement of the party is issued by known and recognised party’s spokesperson.
As a result of the defamatory statements issued, the plaintiffs claim that their career, current and future, have been seriously injured such that unless redressed by the court they are likely to lose various posts within and outside their party as members and community have negative images.
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