COMPULSORY LAND ACQISITION IN TANZANIA
1. Introduction to Compulsory Land Acquisition
Compulsory acquisition of land involves expropriation of private rights in the property; it is a restraint on the right of private owners to be able to dispose off property according to their wish. In Tanzania we have the Land Acquisition Act of 1967 CAP 118[RE 2002] which provides for the compulsory acquisition of lands for public purposes and in connection with housing schemes. The Law of Land Acquisition is intended to legalize the taking up, for public purposes, or for a company, of land which is private property of individuals the owners and occupiers, and pay equitable compensation therefore calculated at market value of land acquired, plus an additional sum on account of compulsory character of acquisition Section 3 of the land acquisition Act empower the president to acquire land compulsory.
2. Purpose of compulsory land Acquisition
The main purpose of compulsory acquisition by President according to section 3 of the LAA is for the Public interest.
The President may, subject to the provisions of this Act, acquire any land for any estate or term where such land is required for any public purpose.”
In a broader constructuin public purpose would include a purpose,in which the general interest of the community, as opposed to a particular interest of the individual, in generally and vitally concerne In a generic sense the expression public purpose would include a purpose in which where even a fraction of the community would be involved. despite the fact that It is not possible to give an exact and all-embracing definition of public purpose , Section 4 of The Land Acquisition Act defines public purpose as the expression ;
4 (1) Land shall be deemed to be required for a public purpose where it is–
(a) for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services or housing;
(b) for or in connection with sanitary improvement of any kind, including reclamations;
(c) for or in connection with the laying out of any new city, municipality, township or minor settlement or the extension or improvement of any existing city, municipality, township or minor settlement;
(d) for or in connection with the development of any airfield, port or harbour;
(e) for or in connection with mining for minerals or oil;
(f) for use by any person or group of persons who, in the opinion of the President, should be granted such land for agricultural development.
(2) Where the President is satisfied that a corporation requires any land for the purposes of construction of any work which in his opinion would be of public utility or in the public interest or in the interest of the national economy, he may, with the approval, to be signified by resolution, of the National Assembly and by order published in the Gazette, declare the purpose for which such land is required to be a public purpose and upon such order being made such purpose shall be deemed to be a public purpose for the purposes of this Act.
Land acquisition is the process governed by multiple legislations with diverse objectives like;
1. Public purposes as defined by Act No.47 of 1967 and in Land Act No.4 of 1999
2. Transfer of categories of land under section 4(7) & 5(7) of the Land Act, 1999
3. Hazardous land under section 7(8) of Act No. 4
4. Regularization scheme as per section60 (1)(f) & 60(3)(c) of Act No. 4 of 1999
5. The Wild life Act of 2008
The motives behind acquiring public can be randomly being picked up from the mentioned legislations above as follows;
1. Which would preserve or promote public health, comfort or safety of the public, or a section of it, weather or not the individual members of public may make use of the property acquired ;
2. Which would serve the public, or a section of it, with some necessarily or convenience of life, which may be required by the public as such, provided that the public may enjoy such service as of right; or
3. expansion of existing facilities such as airdromes, widening roads, additional power or water lines and protected areas
4. Which would enable individuals to carry on a business, in a manner in which it could not be otherwise be done, if their success will indirectly enhance public welfare, even if the acquisition is made by a private individual, and the public has no right to any service from him, or to enjoy the property acquired; or
5. If the use to which the property would be put, is one of the widespread general public benefit not involving any right on the part of the general public itself, to use the property or;
6. Which would result in an advantage to the public; it is not necessary that the property, or the work upon it, should be available to the public as such; the acquisition may be in favour of individuals, but, in furtherance of scheme of public utility, which would result in enhancement of public welfare.
7. Which would promote public interest, or tend to develop the natural resources of the stat
8. Which would enable department of the government to carry on its governmental
2. Procedure for acquiring land compulsorily
The Land Acquisitions Act sections 6-8 stipulate that , if the President resolves that any land is required for a public purpose, the Minister shall give notice of intention to acquire the land to the persons interested or claiming to be interested in such land, or to the persons entitled to sell or convey the same, or to such of them as shall, after reasonable inquiry, be known to him.
1) Notification of Government’s intention to acquire the land
2) Explanation(workshop) to landowners on their compensation and resettlement rights
3) Assessment of compensation(identification and measurement of the affected assets)
4) Resettlement needs analysis
5) Approval mechanism for assessed sums
6) Payment procedures and allocation of new Lands to the affected population
7)
The court also in Mulbadaw Village Council v NAFCO [1984 TLR 15] discussed the mandatory requirements and procedures when acquiring land publicly.
4. Compensations and Rejections
Sections 11of LAA Stipulates
“Subject to the provisions of this Act, where any land is acquired by the President under section 3, the Minister shall on behalf of the Government pay in respect thereof, out of moneys provided for the purpose by Parliament, such compensation as may be agreed upon or determined in accordance with the provisions of this Act”
Under Section 13 any person interested in land which is notified under section 4 (who is entitled to claim an interest in compensation) can raise an objection, in writing and in person. Where any land is acquired under this Act is in dispute according to section 13 such dispute or disagreement is not settled by the parties concerned within six weeks from the date of the publication of notice, the Minister or any person holding or claiming any interest in the land may institute a suit in the Court for the determination of the dispute.
The high court once in Salum Juma Mzeru v Omari Ubaya [1984 TLR 31 (HC)] declared that the owner of the land must be compensated according to the market value of the land , the developed land includes land conservation.
The law of Land Acquisition jeopardizes private interest for public interest and hence it denies an individual his right to property as provided by the Constitution of Tanzania. It overrides the right of a person to own a property, so the law in general should be strictly construed. The strict construction of the Law of Land Acquisition has been emphasized by the court for the last 60 years as it does not hold the person whose property is being taken and state at par.Exprience from the practice reveals that most of the time objections have been directed to compensations and not to acquisitions. For instance the recent case of Kipawa residents , their main objection focused on miscalculations of compensations, on other hand the situations is different in areas around National parks and protected areas. Pastoralists in or around National Parks like Nkomazi game Serengeti,Ngorongoro Crater and Loliondo have always seen to resist the entire process of Land acquisition, the main reasons behind their rejection is the lack any sort of Compersation.Government official most of the time declared pastoralist grazing as no mans land.
By Onesmo Olengurumwa
Friday, July 16, 2010
WITCHRAFT RELATED KILLINGS
KILINGS DUE TO WITCHRAFT BILIEFS IN TANZANIA FOR THE PAST SIX MONTHS
1.0 Introduction
Witchcraft is the use of certain kind of supernatural or magical powers .Moreover; it can be referred to the use of such powers in order to inflict harm or damage upon members of a community or their property. Witchcraft is a vague and loose term, without exact definition. The idea that, witch is in the society comes out of a culture that regards traditional healers as infallible. Witchcraft is traditional beliefs mainly possessed by traditional healers or commonly witchdoctors. It’s hard to classify groups of witchdoctors due to their mode of operation, however, one can propounds that in Tanzania there are mainly three groups of witchdoctors namely; those who posses spiritual power to bewitch and cast evil spells on others, frauds, who have no power but will do anything for money and herbalist who use their powers to heal and help the community. Community believes that the two groups with exclusion of the herbalist have been responsible for the family predicaments, disappearance and deaths of their relatives. Both witchcraft practices and the measures taken by community to battle witchcraft have been noted to propagate killings related witchcraft in Tanzania.
At international level there is no any specific instrument /law that govern killing related to witchcraft. However, there are many international instruments that can indirectly be used to tackle killings related to witchcraft. Because witchcraft practices have been found to be the main cause of violation of right to life in Tanzania ,then all international instruments prohibit violation of right to life can suitably be refered. International Convenant on Civil and Political Rights obligates all countries signatory to it to promote and protect the rights to life. Both The Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) of 1984 and ICCPR prohibit all kinds of acts and punishments witch degrade traumatize or torture any suspect .
The Constitution of United Republic of Tanzania of 1977[as amended] contain a bill of rights that prohibits killing, discrimination and torture Similarly, Killings, discrimination and witchcraft acts are punishable offences under the Penal Code Cap. 16[R.E. 2002]. Moreover, Tanzania witchcraft Act of 1928[R.E 2002] incriminates all witchcrafts acts fall under the two groups of witchcrafts .Witchcraft Act doesn’t categorize the work herbalist as witchcraft, the law define witchcraft to include acts sorcery, enchantment, bewitching, the use of instrument of witchcraft, the purported exercise of any occult power and the purported possession of any occult knowledge.
For the past six months killing related to witchcraft continued to trigger despite the fact that the government has taken stern measures to contain it. Legal and Human Rights Centre has done a number of studies which revealed that the situation of witchcraft killing is still a fashionable mostly around Lake zones regions and Southern regions. According to LHRC 2009 Human Rights Report a person can be liable for direct or indirect acts or behaviors which are connected to the witchcraft practices. It is also an offence to defame other person as a witch or wizard by imputing to him or her use of witchcraft materials and other things.
As mentioned earlier, killing due to witchcraft believes in Tanzania can be categorized into two dimensions ; killings emanated from witchcrafts acts like bewitching and killings derive from efforts taken by community eliminate certain group of people believed or suspected to be a witch. For the case of Tanzania the battle against people suspected to be witch has been used as a tool to discriminate , torture and ultimately kill old people mostly women with red eyes .This is contrary to both Convention to eliminates all discrimination against women(CEDAW) of 1979 and conventiona against torture of 1984.
LHRC 2009 Human Rights Report reveals that, the incidences of witchcraft killings have continued to take a lead as most common violators of the right to life in Tanzania. It is the leading factor of denial of the right to life, followed by killings resulted from incidences of mob violence the trend reveals that Most of the killings are targeted to old women especially in Lake Zone, central, western, southern parts of Tanzania due to the cultural norms and beliefs of the tribes found in those places.
For instance, LHRC media survey indicates at least seven people have been killed due to witchcraft beliefs since January-June, 2010 from different parts of the country as shown below in the table:
No Deceased Name Place Year
1. Agripina Thomas (45 yrs), Kagera 2010
2. Anamaria Theda (47 yrs) Kagera 2010
3. Monica Spron (43 yrs) Kagera 2010
4. Amana Shawishi(70) Mwanza. 2010
5. Lytoga venance Makorongo Nansio 2010
6. Cheupe Mwananzyuni Rukwa. 2010
7. Frank Mwasha Nzega 2010
However, the list above is not exhausted due to the facts that not all incidences killing due to witchcrafts are reported.Comperativley, last year report showed the trend was diminishing while the trends this is apparently worse.
With the same tone hunting and killing of albino have been 99% linked with witchcraft beliefs. The killings are associated with the witchcraft beliefs that the human parts or organs of the people with albinism have alluring and supernatural powers which, when mixed-up with other witchcraft items by the witchdoctors, will make someone rich. For instance, on 28th May one albino woman & her four year old son in Cendaju, on Burundi’s border with TZ were killed and 4 attempted murders of albinos whereby their body parts were chopped off were reported btn February and April eg Binti Kabula Nkalango(13) was chopped off in Kahama, on April,2010 and one Said Abdalah (40) was chopped off in Morogoro.
Women and Albino look to be more vulnerable to witchcraft killings than any other member of the community. Many studies reveal that witchcraft related killings are precipated by lawlessness, culture and hardships in life. People believes that the law cannot make responsible all people suspected to be witches , thus decide to prosecute and convict all people suspected to be witches by stoning them and burn their residential. On the other side albino are killed due to economic difficulties and perceptions of people on albinism.
2.0 Recommendations
The battle against killing due to witchcraft beliefs is not a one sided battle, both the government and the community should form a joint venture to end the fallacy. We should first fresh the mindset of people to do away with witch crafts practices and beliefs before we advance to other legal measures. Community should be empowered with all the principles of human rights and rule of law to avoid the acts of torture and killing of people suspected to be witches. The witchcraft Act needs be amended to address issues of witchcrafts as the best way to please the community that deadly believes in witchcraft.
By Onesmo Olengurumwa LHRC
1.0 Introduction
Witchcraft is the use of certain kind of supernatural or magical powers .Moreover; it can be referred to the use of such powers in order to inflict harm or damage upon members of a community or their property. Witchcraft is a vague and loose term, without exact definition. The idea that, witch is in the society comes out of a culture that regards traditional healers as infallible. Witchcraft is traditional beliefs mainly possessed by traditional healers or commonly witchdoctors. It’s hard to classify groups of witchdoctors due to their mode of operation, however, one can propounds that in Tanzania there are mainly three groups of witchdoctors namely; those who posses spiritual power to bewitch and cast evil spells on others, frauds, who have no power but will do anything for money and herbalist who use their powers to heal and help the community. Community believes that the two groups with exclusion of the herbalist have been responsible for the family predicaments, disappearance and deaths of their relatives. Both witchcraft practices and the measures taken by community to battle witchcraft have been noted to propagate killings related witchcraft in Tanzania.
At international level there is no any specific instrument /law that govern killing related to witchcraft. However, there are many international instruments that can indirectly be used to tackle killings related to witchcraft. Because witchcraft practices have been found to be the main cause of violation of right to life in Tanzania ,then all international instruments prohibit violation of right to life can suitably be refered. International Convenant on Civil and Political Rights obligates all countries signatory to it to promote and protect the rights to life. Both The Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) of 1984 and ICCPR prohibit all kinds of acts and punishments witch degrade traumatize or torture any suspect .
The Constitution of United Republic of Tanzania of 1977[as amended] contain a bill of rights that prohibits killing, discrimination and torture Similarly, Killings, discrimination and witchcraft acts are punishable offences under the Penal Code Cap. 16[R.E. 2002]. Moreover, Tanzania witchcraft Act of 1928[R.E 2002] incriminates all witchcrafts acts fall under the two groups of witchcrafts .Witchcraft Act doesn’t categorize the work herbalist as witchcraft, the law define witchcraft to include acts sorcery, enchantment, bewitching, the use of instrument of witchcraft, the purported exercise of any occult power and the purported possession of any occult knowledge.
For the past six months killing related to witchcraft continued to trigger despite the fact that the government has taken stern measures to contain it. Legal and Human Rights Centre has done a number of studies which revealed that the situation of witchcraft killing is still a fashionable mostly around Lake zones regions and Southern regions. According to LHRC 2009 Human Rights Report a person can be liable for direct or indirect acts or behaviors which are connected to the witchcraft practices. It is also an offence to defame other person as a witch or wizard by imputing to him or her use of witchcraft materials and other things.
As mentioned earlier, killing due to witchcraft believes in Tanzania can be categorized into two dimensions ; killings emanated from witchcrafts acts like bewitching and killings derive from efforts taken by community eliminate certain group of people believed or suspected to be a witch. For the case of Tanzania the battle against people suspected to be witch has been used as a tool to discriminate , torture and ultimately kill old people mostly women with red eyes .This is contrary to both Convention to eliminates all discrimination against women(CEDAW) of 1979 and conventiona against torture of 1984.
LHRC 2009 Human Rights Report reveals that, the incidences of witchcraft killings have continued to take a lead as most common violators of the right to life in Tanzania. It is the leading factor of denial of the right to life, followed by killings resulted from incidences of mob violence the trend reveals that Most of the killings are targeted to old women especially in Lake Zone, central, western, southern parts of Tanzania due to the cultural norms and beliefs of the tribes found in those places.
For instance, LHRC media survey indicates at least seven people have been killed due to witchcraft beliefs since January-June, 2010 from different parts of the country as shown below in the table:
No Deceased Name Place Year
1. Agripina Thomas (45 yrs), Kagera 2010
2. Anamaria Theda (47 yrs) Kagera 2010
3. Monica Spron (43 yrs) Kagera 2010
4. Amana Shawishi(70) Mwanza. 2010
5. Lytoga venance Makorongo Nansio 2010
6. Cheupe Mwananzyuni Rukwa. 2010
7. Frank Mwasha Nzega 2010
However, the list above is not exhausted due to the facts that not all incidences killing due to witchcrafts are reported.Comperativley, last year report showed the trend was diminishing while the trends this is apparently worse.
With the same tone hunting and killing of albino have been 99% linked with witchcraft beliefs. The killings are associated with the witchcraft beliefs that the human parts or organs of the people with albinism have alluring and supernatural powers which, when mixed-up with other witchcraft items by the witchdoctors, will make someone rich. For instance, on 28th May one albino woman & her four year old son in Cendaju, on Burundi’s border with TZ were killed and 4 attempted murders of albinos whereby their body parts were chopped off were reported btn February and April eg Binti Kabula Nkalango(13) was chopped off in Kahama, on April,2010 and one Said Abdalah (40) was chopped off in Morogoro.
Women and Albino look to be more vulnerable to witchcraft killings than any other member of the community. Many studies reveal that witchcraft related killings are precipated by lawlessness, culture and hardships in life. People believes that the law cannot make responsible all people suspected to be witches , thus decide to prosecute and convict all people suspected to be witches by stoning them and burn their residential. On the other side albino are killed due to economic difficulties and perceptions of people on albinism.
2.0 Recommendations
The battle against killing due to witchcraft beliefs is not a one sided battle, both the government and the community should form a joint venture to end the fallacy. We should first fresh the mindset of people to do away with witch crafts practices and beliefs before we advance to other legal measures. Community should be empowered with all the principles of human rights and rule of law to avoid the acts of torture and killing of people suspected to be witches. The witchcraft Act needs be amended to address issues of witchcrafts as the best way to please the community that deadly believes in witchcraft.
By Onesmo Olengurumwa LHRC
Thursday, July 15, 2010
Prof Jwani Timothy Mwaikusa Go and rest in peace
Prof Jwani Timothy Mwaikusa
By Frank Kimboy and Bernard Lugongo
Two gunmen on Tuesday night shot dead a top law professor and two other people during a raid at his home on Dar es Salaam’s outskirts in the latest incident in a wave of mounting crime in the city’s suburbs.
The death of Prof Jwani Timothy Mwaikusa, one of the country’s leading public law experts, plunged his family, neighbours, friends, colleagues and the entire legal fraternity into deep mourning yesterday.
The killers, who ambushed the University of Dar es Salaam’s School of Law lecturer as soon as he drove into the compound of his modest residence at SalaSala, on the northern outskirts of the city, felled him with two bullets – one into the head and the other into the chest.
Killed alongside the 58-year-old scholar, who was also a defence lawyer at the International Criminal Tribunal for Rwanda (ICTR) at Arusha, were his nephew, Mr Gwamaka Mwaisanjala, 25, and a neighbour, Mr John Mtui. The neighbour was shot several metres away, as he led a group of villagers, who had responded to cries emanating from the professor’s home. All the victims died on the spot during the shocking incident that occurred just a few minutes after 10pm.
Yesterday, a high-powered team of detectives led by the Director of Criminal Investigations, Mr Robert Manumba, visited the scene of the heinous crime and launched a manhunt for the attackers who vanished into the night after the killings on Tuesday night.
The acting Dar es Salaam Special Police Zone commander, Mr Charles Kenyela, later in the afternoon used his regular press conference at the police headquarters to appeal to anyone with information that could lead to the arrest of the suspects to come forward and assist with the investigations.
“We will do whatever it takes to capture these killers and bring them to book,” said Mr Kenyela.
He said the motive behind the professor’s slaying had not been established. However, he added, the suspects had escaped with briefcase snatched from Prof Mwaikusa’s car.
The Tuesday incident follows an outcry about the rising incidence of crime in the city’s suburbs. Armed robbers have raided a number of the posh homes on the outskirts, robbing the owners of household goods, cash and other property. The worst affected areas include Mbezi, Tegeta, Kunduchi, Vingunguti and Kimara.
At their SalaSala home yesterday, relatives and friends, including the widow, Mrs Rofea Kinani Mwaikusa, were overcome with grief, as mourners poured into the compound to console the family.
Mrs Mwaikusa, who works for the ministry of Education and Vocational Training, was away in Morogoro attending a workshop when the sad news was broken to her by telephone. She immediately drove back home, arriving at 2am.
The University of Dar es Salaam’s Vice-Chancellor, Prof Rwekaza Mukandala, and the dean of the Faculty of Law, Prof John Palamagamba Kabudi, and other members of the legal fraternity sent condolences to the family.
Prof Kabudi said Prof Mwaikusa’s death was not only a loss to his family, but also to the country as a whole. “He was a very committed, loyal, and a competent professor. His passion for training students was second to none,” he said.
In Arusha, staff at the ICTR court were stunned to learn of the death of Prof Mwaikusa, who had worked for over three years as a defence counsel for 74-year-old genocide suspect Yussuf Munyakazi. They said he had completed his defence and the court was due to deliver judgment anytime from now.
Recalling the events of Tuesday night, Prof Mwaikusa’s son, Baraka, said the gunmen ambushed his father as he was preparing to get out of his car. He said the robbers stormed into the compounded as soon as the gate was opened for Prof Mwaikusa. They pounced on his younger brother, who had opened the gate for the professor.
“One gunman remained at the gate, while the other approached the car, as dad was parking it,” Baraka said.
But before the other man reached Prof Mwaikusa, Baraka said their cousin, Mwaisanjala, arrived and confronted the gunmen, demanding to know what they were doing in the compound.
“After noticing that the suspect who was holding my brother had a gun, our cousin charged at him and attempted to wrestle him down, but the other crook came to his help.
Baraka said Mwaisanjala was shot in the back as he tried to dash to safety.
“I soon heard a bang and came out of the house. But I was immediately ordered to lie down by the gunmen who had shot my father in the forehead,” he said.
Baraka said the gunmen ransacked the car and took his father’s briefcase and some documents.
A neighbour said they accompanied Mr Mtui, who was armed with a pistol. But their mission ended when they ran into the fleeing suspects, who ordered them to lie down.
“They frisked us and took money and mobile phones but Mr Mtui resisted an attempt to search him. They immediately shot him on seeing his pistol.”
The deceased was a businessman. The robbers also raided a nearby shot and robbed the owner of cash and mobile phone vouchers worth over Sh120,000. The locals the raiders had arrived by motorbike.
The bodies of the three victims were taken to the Muhimbili Hospital mortuary.
Prof Jwani Mwaikusa joined the University of Dar es Salaam in 1986 as an assistant lecturer in the then Faculty of Law. He was promoted to Associate Professor of Law in 1999. He was the chairman of the Centre for Media Studies, Research and Networking. Prof Mwaikusa, who was also a poet, had published numerous articles and book chapters on a wide range of subjects.
In the past two months alone, five people have been shot dead by armed robbers. Two businessmen were shot dead last month at Kimara Temboni. In May, a trader was shot dead in Vingunguti.
In the Mbezi Beach area, residents recently called a press conference to appeal to police to step up patrols to curb armed robberies.
By Frank Kimboy and Bernard Lugongo
Two gunmen on Tuesday night shot dead a top law professor and two other people during a raid at his home on Dar es Salaam’s outskirts in the latest incident in a wave of mounting crime in the city’s suburbs.
The death of Prof Jwani Timothy Mwaikusa, one of the country’s leading public law experts, plunged his family, neighbours, friends, colleagues and the entire legal fraternity into deep mourning yesterday.
The killers, who ambushed the University of Dar es Salaam’s School of Law lecturer as soon as he drove into the compound of his modest residence at SalaSala, on the northern outskirts of the city, felled him with two bullets – one into the head and the other into the chest.
Killed alongside the 58-year-old scholar, who was also a defence lawyer at the International Criminal Tribunal for Rwanda (ICTR) at Arusha, were his nephew, Mr Gwamaka Mwaisanjala, 25, and a neighbour, Mr John Mtui. The neighbour was shot several metres away, as he led a group of villagers, who had responded to cries emanating from the professor’s home. All the victims died on the spot during the shocking incident that occurred just a few minutes after 10pm.
Yesterday, a high-powered team of detectives led by the Director of Criminal Investigations, Mr Robert Manumba, visited the scene of the heinous crime and launched a manhunt for the attackers who vanished into the night after the killings on Tuesday night.
The acting Dar es Salaam Special Police Zone commander, Mr Charles Kenyela, later in the afternoon used his regular press conference at the police headquarters to appeal to anyone with information that could lead to the arrest of the suspects to come forward and assist with the investigations.
“We will do whatever it takes to capture these killers and bring them to book,” said Mr Kenyela.
He said the motive behind the professor’s slaying had not been established. However, he added, the suspects had escaped with briefcase snatched from Prof Mwaikusa’s car.
The Tuesday incident follows an outcry about the rising incidence of crime in the city’s suburbs. Armed robbers have raided a number of the posh homes on the outskirts, robbing the owners of household goods, cash and other property. The worst affected areas include Mbezi, Tegeta, Kunduchi, Vingunguti and Kimara.
At their SalaSala home yesterday, relatives and friends, including the widow, Mrs Rofea Kinani Mwaikusa, were overcome with grief, as mourners poured into the compound to console the family.
Mrs Mwaikusa, who works for the ministry of Education and Vocational Training, was away in Morogoro attending a workshop when the sad news was broken to her by telephone. She immediately drove back home, arriving at 2am.
The University of Dar es Salaam’s Vice-Chancellor, Prof Rwekaza Mukandala, and the dean of the Faculty of Law, Prof John Palamagamba Kabudi, and other members of the legal fraternity sent condolences to the family.
Prof Kabudi said Prof Mwaikusa’s death was not only a loss to his family, but also to the country as a whole. “He was a very committed, loyal, and a competent professor. His passion for training students was second to none,” he said.
In Arusha, staff at the ICTR court were stunned to learn of the death of Prof Mwaikusa, who had worked for over three years as a defence counsel for 74-year-old genocide suspect Yussuf Munyakazi. They said he had completed his defence and the court was due to deliver judgment anytime from now.
Recalling the events of Tuesday night, Prof Mwaikusa’s son, Baraka, said the gunmen ambushed his father as he was preparing to get out of his car. He said the robbers stormed into the compounded as soon as the gate was opened for Prof Mwaikusa. They pounced on his younger brother, who had opened the gate for the professor.
“One gunman remained at the gate, while the other approached the car, as dad was parking it,” Baraka said.
But before the other man reached Prof Mwaikusa, Baraka said their cousin, Mwaisanjala, arrived and confronted the gunmen, demanding to know what they were doing in the compound.
“After noticing that the suspect who was holding my brother had a gun, our cousin charged at him and attempted to wrestle him down, but the other crook came to his help.
Baraka said Mwaisanjala was shot in the back as he tried to dash to safety.
“I soon heard a bang and came out of the house. But I was immediately ordered to lie down by the gunmen who had shot my father in the forehead,” he said.
Baraka said the gunmen ransacked the car and took his father’s briefcase and some documents.
A neighbour said they accompanied Mr Mtui, who was armed with a pistol. But their mission ended when they ran into the fleeing suspects, who ordered them to lie down.
“They frisked us and took money and mobile phones but Mr Mtui resisted an attempt to search him. They immediately shot him on seeing his pistol.”
The deceased was a businessman. The robbers also raided a nearby shot and robbed the owner of cash and mobile phone vouchers worth over Sh120,000. The locals the raiders had arrived by motorbike.
The bodies of the three victims were taken to the Muhimbili Hospital mortuary.
Prof Jwani Mwaikusa joined the University of Dar es Salaam in 1986 as an assistant lecturer in the then Faculty of Law. He was promoted to Associate Professor of Law in 1999. He was the chairman of the Centre for Media Studies, Research and Networking. Prof Mwaikusa, who was also a poet, had published numerous articles and book chapters on a wide range of subjects.
In the past two months alone, five people have been shot dead by armed robbers. Two businessmen were shot dead last month at Kimara Temboni. In May, a trader was shot dead in Vingunguti.
In the Mbezi Beach area, residents recently called a press conference to appeal to police to step up patrols to curb armed robberies.
Wednesday, July 14, 2010
PROF MWAIKUSA REST IN PEACE
Prof. Jwani Timothy Mwaikusa is no longer, profesor was killed yesterday by unknown gangstars who shot him when arriving at his home in Dar Salasala.Mwaikusa was reknown proffesor in the field of law.Was a good proffesor of constitutional and adminstrative law.We all send our heartfelt condelences to his family and the entire Nation.Prof Mwaikusa go and rest in peace , we will endeed miss your companionship, the value of your proffession was still crucial to the entire Nation and the region.Oh prof it only six days we ate together and share allot on fate of CAT judgement on independent candidate.We cheris your dedication in the field of human rights, you works are beyound measures.Let stop because i can no longer hold a pen.
By prof and rest in peace.
Practice Areas Corporate Law; Employment; Joint Ventures; Debt Recovery; Mergers and Acquisitions; Litigation; Mining Education University of Dar es Salaam (LL.B., honors, 1981); University of Birmingham (LL.M., 1985); University of London, School of Oriental & African Studies (Ph.D., 1995)
By prof and rest in peace.
Practice Areas Corporate Law; Employment; Joint Ventures; Debt Recovery; Mergers and Acquisitions; Litigation; Mining Education University of Dar es Salaam (LL.B., honors, 1981); University of Birmingham (LL.M., 1985); University of London, School of Oriental & African Studies (Ph.D., 1995)
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