India's Tehelka editor arrested in sexual assault case

PANAJI (AP) - The editor of an Indian magazine known for exposing abuses of power was arrested on Saturday in a sexual assault case that has fueled fresh outrage over the treatment of women in the country, police said.

Police took Tehelka Editor Tarun Tejpal into custody within an hour of Judge Anuja Prabhudesai rejecting his bail petition, said Sunita Sawant, the police officer investigating the case.

The allegations against Tejpal by a female colleague have touched a nerve in part because he is the face of a publication that has pushed Indian society to vanquish corruption and confront the scourge of sexual violence.

The journalist alleged that Tejpal cornered her in a hotel elevator and assaulted her twice, on November 7 and 8. Formal charges could be filed when the investigation is complete.

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International Criminal Court to allow video hearing of cases

THE HAGUE: The International Criminal Court member states have agreed to let defendants ask to appear by video-conference in a concession to a Kenyan campaign against the trial of their leaders.

The 122 ICC states also eased other conditions for key political figures facing charges amid mounting pressure from African countries over trials involving the continent’s leaders.

Kenya’s President Uhuru Kenyatta and Deputy William Ruto have pressed the ICC and the UN Security Council to suspend their trials for crimes against humanity over violence after a 2007 election. The changes by the ICC’s Assembly of States Parties was welcomed by the United States, but criticised by rights groups for allowing special cases.

A motion passed by the assembly said an accused can request “to be allowed to be present through the use of video technology during part or parts of his or her trial”.

The assembly also gave the ICC greater leeway to excuse an accused from part of a hearing if the defendant is “mandated to fulfill extraordinary public duties”.

The changes were proposed by key ICC members after talks with Kenya and other African nations. Both were seen as a concession over the Kenyatta and Ruto cases after the Security Council’s refusal to suspend their trials.

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East Africa ministers approve single currency

Kampala: The EAC Council of Ministers has approved the Monetary Union protocol, which will be signed by the regional Heads of State to pave way for the process of seeing the region get a single currency.

Although the realisation of this objective will take 10 years, it’s a step towards easing cross-border business and trading of goods and services.

The protocol, whose initial signing was supposed to be in November last year, has been cleared by the Council of Ministers and is ready for signing by the respective Heads of State.

Speaking to Saturday Monitor yesterday, former EAC Secretary General Amanya Mushega said the Monetary Union, will strengthen the region’s currency and enhance trade and business across the member states.

“It is much easier to trade freely if you are assured that the currency you are using for trading is of the same value,” Mushega said.

“This means that when you go to any of the partner states, you will not need to carry dollars to pay your bill.”

Having a single currency will lower transaction costs between member states. This means there will be no need to exchange currencies, no exchange rate commissions and no need to insure against currency fluctuations.

The Executive Director of East African Business Council, Mr Andrew Luzze, said: “Monetary Union will facilitate doing business in the region because we shall be operating on the same fiscal and exchange policy. This means the costs which we have been incurring during conversion, will be no more.”

Manageable?

Although the Private sector has generally endorsed the Monetary Union protocol on account that it will reduce the cost of doing business and ultimately boost trade, the major worry, according to Mr Moses Ogwal, the Private Sector Policy analysts, is whether the partner states will ensure that infrastructures necessary to make the protocol functional, are enforced.

The EAC Deputy Secretary General in charge of Planning and Infrastructure, Dr Enos Bukuku, says that the single currency protocol spells out how Partner States will join the last stage of the EAC, which is the single currency and that the East African currency will be the legal tender in the single currency area.

SATURDAY MONITOR UGANDA:

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British couples to get increased paternity leave rights

London (AFP) - Britain announced Friday final details of a plan enabling couples to share parental leave after the birth of their child in a bid to help working mothers and give fathers more time with their children.

Deputy Prime Minister Nick Clegg said the proposals "challenge the old-fashioned assumption" that women should always be the parent that stays at home.

Working couples will be able to share any remaining leave and pay they have after the two-week recovery period mothers must take off after birth, according to details of the scheme published by the government.

At the moment, new mothers can take a maximum of 52 weeks off while fathers are entitled to two weeks of statutory paternity leave.

Mothers are entitled to 90 percent of their average weekly earnings for the first six weeks after childbirth, followed by £136.78 ($223.53, 164.31 euros) a week for the next 33 weeks.

Under the new plans, due to come into effect in April 2015, parents will be able to share the remaining 50 weeks of leave and pay immediately after the birth.

Reforms will also allow parents to ask for discontinuous blocks of leave, but the employer will have the right to refuse the request.

"Women deserve the right to pursue their goals and not feel they have to choose between having a successful career or having a baby," said Clegg.

"We want to create a fairer society that gives parents the flexibility to choose how they share care for their child in the first year after birth.

"We need to challenge the old-fashioned assumption that women will always be the parent that stays at home – many fathers want that option too.

"This is good for families, good for business and good for our economy."

An initial plan to increase paid paternity leave has been shelved as "unaffordable", but Clegg promised to review the option when the economy was in a stronger position.

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Tanzanians arrested in SA with Sh13bn drugs

Johannesburg. 

Two Tanzanians are being questioned by South African authorities in connection with a 55-kilogramme drugs haul. They will be arraigned in court tomorrow (Friday).

The Hawks, South Africa’s multidisciplinary agency that investigates and prosecutes organised crime and corruption, smashed a massive drug distributing syndicate in Kempton Park in Ekurhuleni in Gauteng province, seizing narcotics worth Rand 75million (Sh12.7 billion).

Hawks Spokesman Paul Ramaloko told The Citizen that officers pounced on a storage facility yesterday morning and arrested two Tanzanians who were allegedly distributing the drugs.

He declined to name them, though, saying the syndicate was big and more people—including South Africans, were being pursued in connection with the crime. The narcotics include 25 kilos of heroin, 15 kilos of cocaine and 15 kilos of tik.

Mr Ramaloko described the seizure as one of their biggest successes in recent history.  “We are now closing in on the big shots,” he said. “We will definitely arrest more suspects…this is a very big underworld group which includes South African nationals…we will nab them.”

The seizure of that haul is the second of such magnitude in four months involving Tanzanians. In July this year, two Tanzanian women were arrested transporting a haul of drugs.

Agnes Gerald, 25 and also known as Masogange, and 24-year-old Melisa Edward were caught in Johannesburg with 180 kilogrammes of methamphetamine worth about Sh7 billion.

After a two-month stint in South African jails, a Kempton Park court in Gauteng found Masogange guilty of smuggling Ephedrine or Precursor, a substance used to make drugs, and fined her R15000 (about Sh2.5 million). Edward was set free after the court heard that she had just accompanied Masogange.  In recent years, a good number of young Tanzanians have reportedly joined Johannesburg city’s criminal underworld, and they are used as couriers for drug traffickers.

They are lured to South Africa with the promise of a good life only to sink into drug abuse and trafficking. Because of a rise in the number of Tanzanians engaged in drug trafficking, the government proposes to tighten controls and boost investigations into drug trafficking. The agency would function like the Prevention and Combating of Corruption Bureau.

Last month, President Jakaya Kikwete cautioned Tanzanians living abroad that the government would not protect them or intercede should they be caught trafficking in drugs.

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Israel religious court orders mother to have son circumcised

[JURIST] An Israeli Rabbinical Court has ordered a woman to circumcise her son against her will or face daily fines. The ruling was issued by a three-rabbi panel after the boy's parents filed for divorce, and the father insisted on circumcision and the mother opposed. The mother argued that her son was born with a medical issue that prevented circumcision on his eighth day after birth, and says that the father was accepting of the decision not to circumcise the child until the parents decided to get a divorce. The appellate court ruled that finding in the mother's favor could open the courts to many similar cases, and ruled against her for the "common good, which takes precedence over that of the individual." The mother plans to appeal to the Israeli Supreme Court.

Circumcision remains controversial throughout the world. In June 2012 a German court ruled that circumcising young boys based on religious traditions was prohibited even if the parents consent to the procedure. The ruling was quickly overturned by the German Parliament, which in December approved a bill explicitly permitting male infant circumcision. Last August the Australian state of Tasmania moved to ban male infant circumcision after the Tasmania Law Reform Institute (TLRI) issued a report recommending that the state ban circumcision except for well-established religious and ethnic reasons. In October 2011 California Governor Jerry Brown signed into law a bill that prevents local governments from banning male circumcision. The law was written in response to a ballot measure proposed in San Francisco that would have made male circumcision illegal if the recipient was under the age of 18, with perpetrators penalized by a fine of $1,000 or imprisonment.

JURIST

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EU court reviews French burqa ban

At the European Court of Human Rights, France's 'burqa ban' that prohibits full-face veils is under review. Critics of the ban see it as a violation of religious freedom.

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The court in Strasbourg began its review of the French burqa ban on Wednesday, looking to see if it violated the rights of a young woman who brought the case to the court.

France's law prohibiting garments that conceal the face in public dates back to 2011. Violators of the ban face a 150 euro ($203) fine.

French authorities said the ban was an attempt to liberate Muslim women who are sometimes forced to wear a burqa (a full-face veil) or a niqab (a veil with a slit for the wearer's eyes, pictured above). Muslims countered that the ban stigmatized their religion.

The women who filed the case with the European Court of Human Rights (ECHR) said she wore a niqab of her own free will with no pressure from her husband or family. She said the ban violated her right to privacy, freedom of religion, and freedom of expression.

Seventeen judges from different European counties are hearing the case, and a decision is not expected for several months.

The case started the same day the Court of Appeal in Paris upheld the decision of a private daycare to fire a woman for refusing to take off a headscarf at work.

French law prohibits any religious symbols from being displayed in public schools, but the Court of Appeal decided the private daycare could set its own rules. The court's decision went against a previous ruling from France's Court of Cassation, which ruled the secular school laws did not apply in the private daycare and the woman's right to freedom of religion prevailed.

A lawyer for Fatima Afif said she would continue the appeals process all the way to the ECHR if necessary.

mz/av (AFP, dpa) 

DW

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Italy's Senate expels ex-PM Silvio Berlusconi

The Italian Senate has voted to expel ex-Prime Minister Silvio Berlusconi from parliament with immediate effect over his conviction for tax fraud.

Berlusconi, who has dominated politics for 20 years, could now face arrest over other criminal cases as he has lost his immunity from prosecution.

He told supporters in Rome it was a "day of mourning" for democracy.

Ahead of the vote, he vowed to remain in politics to lead his Forza Italia in a "fight for the good of Italy".

Berlusconi told supporters gathered outside his Rome residence that "no political leader has suffered a persecution such as I have lived through".

He said: "It is a bitter day, a day of mourning."

Berlusconi, 77, said his struggle would continue outside parliament.

He said: "We must stay on the field, we must not despair if the leader of the centre-right is not a senator any more. There are leaders of other parties who are not parliamentarians."

Ineligible

The debate in the Senate had been heated, with two rival senators nearly coming to blows.

Manuela Ripetti of Berlusconi's Forza Italia party shouted: "Your only aim is to eliminate Silvio Berlusconi!"

No formal vote was held, but senators rejected a series of challenges from Berlusconi's supporters.

The Senate speaker then declared the three-time prime minister ineligible for a seat.

"The conclusions of the committee on elections have been approved, abolishing the election of senator Silvio Berlusconi," Speaker Pietro Grasso said.

After the vote, Beppe Grillo, the leader of the anti-establishment 5-Star Movement, tweeted: "Berlusconi has been expelled by the Senate. One is out. Now we must evict all the others from the House."

Berlusconi was convicted of tax fraud in October 2012 over deals his firm Mediaset made to purchase TV rights to US films. The verdict was upheld in August.

He will have to serve a one-year sentence, probably under house arrest or by doing community service because of his age.

He has also been convicted of paying for sex with an underage prostitute and of a breach of confidentiality over a police wiretap. He is appealing against both convictions.

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EACJ has dismisses EALA polls case

The East African Court of Justice has dismissed a reference lodged by the shadow attorney general, Mr Abdu Katuntu, over the East African Legislative Assembly (Eala) elections.

Mr Katuntu was seeking the court’s interpretation on the rules of procedure of Ugandan Parliament that defines how membership to Eala is constituted in accordance with the East African Treaty.

The MP wanted to resolve the controversy that rocked the last polls with the NRM demanding six slots out of nine due to its numerical strength in Parliament.

The remaining slots were to be shared among the rest of the political parties in the House and interest groups, a move FDC protested.

In its ruling, the EA court held that the rules adopted for the elections by Ugandan Parliament, conformed with Article 50 (1) of the Treaty.

The court presided over by justices Jean Bosco Butasi and Stella Arach Amoko among others further said the meaning and import of Article 50 (1) does not require that all six political parties in the House be represented.

Article 50 (1) states that the National Assembly of each Partner State shall elect, not from among its members, nine members of the Assembly, who shall represent..., the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups.

Mr Katuntu had sued the Secretary General of the East African Community and the Ugandan Parliament.

Speaking to the Daily Monitor yesterday, Mr Katuntu expressed disappointment by the ruling on grounds that it did not address his grievances he had put to it and that justice had not been served to him as the petitioner.

He said the court did not clearly address itself on inter-state representation and interest groups.

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THE HAGUE: Judges overturn ruling excusing President Kenyatta from trial

The International Criminal Court has reversed an earlier decision allowing President Kenyatta to skip sessions in The Hague.

According to the decision by Trial Chamber V (b), the earlier ruling to allow the President to be away during his trial has been put aside.

This follows a decision by the Appeals Chamber, in the Ruto case, which said that the accused must be in court unless excused by the judges in exceptional circumstances.

As the decision was being announced, a Kenyan delegation was fighting at an ICC meeting to have the President and Deputy President William Ruto excused from attending all court sessions and also to attend some of them by video link.

Attorney-General Githu Muigai — who is leading the delegation — told reporters in The Hague after an ASP meeting on Tuesday evening that he was hopeful the reversal of the ruling would have little impact if ASP members adopt the proposed amendments.

“President Kenyatta will be allowed to skip trials at The Hague if specific rules and procedure (of evidence) presented by Kenya is adopted by the working group on Thursday.”

SURPRISE REQUEST

At the same meeting, called the Assembly of State Parties, ICC prosecutor Fatou Bensouda sprung a surprise request to amend the rules to allow her to use statements of witnesses not in court.

Usually, witnesses must give evidence in person and be questioned by the person they have accused.

On Tuesday, the Trial Chamber said all requests to be away will be determined on a case-by-case basis.

“The chamber reconsidered its previous decision excusing Uhuru Muigai Kenyatta from continuous presence at trial, in light of the legal clarifications provided by the Appeals Chamber in its recent judgment on the matter,” said a statement from the ICC.

The judges explained that their change of heart was motivated by an Appeals Judgement’s decision the Ruto-Sang case which they said provided important new information.

“The Appeals Chamber had concluded that a Trial Chamber enjoys discretion under article 63(1), which states that “the accused shall be present during the trial”, but that such discretion was limited,” said the judges.

The Appeals Chamber had further ruled that absence is only permissible under exceptional circumstances, and must be limited to that which is strictly necessary. The reversal of the decision followed a motion filed by Ms Bensouda on October 28.

Mr Kenyatta is charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the poll violence in 2007/08.

But on Tuesday evening, Attorney-General Githu Muigai was busy fighting to block attempts to push through amendments on Article 68 of the rules of procedure and evidence.

Ms Bensouda wants pre-recorded audio, video and written statements from witnesses unable to be physically present in court, be accepted as evidence. The move came just as Kenya awaited a plenary decision on an amendment seeking to free suspects from physical presence in court through introduction of video conferencing.

The decision expected at 5.30pm Kenyan time was delayed to give parties time to lobby for or against the various proposed amendments.

If Ms Bensouda’s request is adopted as proposed, then the statements recorded from witnesses in the Kenya cases could be used in court and past proceedings reopened if affected by the testimonies.

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UGANDA: Police arrest 3 journalists

Journalists have been the latest victims of the government efforts to remove Kampala Lord Mayor Erias Lukwago from Kampala Capital City Authority.

Top radio presenter Richard Kasule a.k.a Omuggagga Kamagu was yesterday arrested on grounds of incitement to violence.

Two other journalists: Halima Asijo Uthuman of Uganda Radio Network and Mulindwa Mukasa, the chairperson of Human Rights Network for Journalists-Uganda (HRNJ-Uganda), were also detained at Wandegeya Police Station as they were following up on the arrest of Mr Kasule.

Mr Kasule was picked from Top Radio studios in Bwaise, a Kampala suburb, after he hosted the deputy Lord mayor, Mr Suleiman Kidandala yesterday morning.

The deputy police spokesman, Mr Patrick Onyango, confirmed the arrest on charges of inciting violence.

“The media department of the Criminal Investigation and Intelligence Directorate is handling his case and they are getting more evidence from the Uganda Communication Commission for more charges,” Mr Onyango said.

By press time, Mr Kasule had been transferred to Central Police Station.

Ms Uthuman, who was arrested for allegedly taking a photograph of a police officer at the station, was later released. Mr Mulindwa was still detained by press time.

Alleged directive

The arrest comes days after Kampala Resident City Commissioner Samuel Mpimbaza Hashaka allegedly sent a letter to another local radio station warning them to refrain from hosting Mr Lukwago.

Mr Mpimbaza allegedly ordered the media station that in case they are hosting an opposition member, they must have a government official responding to his allegations.

HRNJ-Uganda National Coordinator Robert Ssempala yesterday decried the police action.

“Freedom of speech and expression which include the freedom of the press are constitutional guarantees which must not be suppressed by political heads for selfish interests,” Mr Ssempala said.

DAILY MONITOR:

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Basil Mramba and Daniel Yona's 65bn/- case postponed again

The Kisutu Resident Magistrate’s Court yesterday pledged to hear the 65bn/- case facing former finance minister Basil Mramba and two others before year’s end adjourning it to December 13, this year.

In the high profile donned case, Mramba is charged along with Daniel Yona, who served as Energy and Minerals minister in third phase of Benjamin Mkapa, and former Treasury permanent secretary Gray Mgonja.

They are alleged to have illegally granted tax exemptions to Alex Stewart Assayers, a company hired to audit gold production, occasioning the government to suffer a 11.7bn/- loss.

Principal Resident Magistrate Halufani Isaya postponed the hearing after Defence Advocate Eiesa Msuya claimed to the court that one of the accused, former Energy and Minerals minister, Yona is still in India attending his medical treatment.

The prosecution led by senior prosecution Oswald Tibabyekomya told the court that the case had come for the defence side to continue with their testimonials but defence advocate Msuya requested the court to set another date for mention because the accused Yona is sick and still in India 

”This is one of those cases which have taken over two years and that the Chief justice and Principal judge ordered be heard if possible this year,” the Principal Resident Magistrate said. 

On October 8, this year, the court gave permit to the accused Yona to go to India for treatment after he asked permission to do so. 

During his mitigation, Mramba told the court that the process of granting tax exemption to Alex Stewart Assayers was done in accordance with the laws of the land.

He added that he did so to fulfill a clause in the contract that the Bank of Tanzania (BoT) had entered with Alex Stewart that the latter be granted tax exemption.

“We saw and advised that the best way was to grant tax exemption because if the company took the payment with tax charged, it would take more money...this is according to the law and contract,” insisted Mramba.

Their case followed three years of investigations by the Prevention and Combating of Corruption Bureau (PCCB) and the Police into the suspicious hiring of Alex Stewart (Assayers) Government Business Corporation (ASA) to audit gold production in Tanzania. 

The firm was in 2003 controversially assigned through a contract, which saw it receive a whopping 65bn/- ($50 million) in gold audit fees. It completed the assignment and left the country in August 2007. 

SOURCE: THE GUARDIAN

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Media law bad, archaic and oppressive, says MCT

Media personnel in Tanzania have expressed concern over parliament’s seemingly reluctant tabling of the media bill saying it has been repeatedly postponed yet currently ‘there are bad and outdated media laws which are oppressive.’

The Media Council of Tanzania’s acting Executive Secretary, Pili Mtambalike, who noted that such laws do not give freedom of expression to media professionals in the country and hence undermine the entire profession. 

“The lack of a comprehensive media bill that provides for freedom expression and access to information is seriously hurting the country’s media fraternity,” Mtambalike lamented.

She was speaking to the International Press Institute (IPI) top-most Executive Director, Alison Bethel McKenzie at the turn of the week in Dar es Salaam during the officials visit to the country to discuss media practice in the country.

“We want the media to be vibrant and in a position to question concerned parties when there are queries…this ensures good governance,” she said.

The Acting Executive Director told her visitor that since the media law was tabled in Parliament over eight years ago, it has been put off from discussions to date.

“We are particularly concerned with recent developments in the media industry of the country…we have information suggesting repeated violation of human rights and suppression of media freedom,” she said.

Mtambalike narrated various incidences such as killings and torture of media professionals in the recent years.

The IPI official was in a special ‘press freedom mission’ in Ethiopia ahead of the trip here and is to fly to Zanzibar for a similar mission.

In a related development Executive Director McKenzie announced IPI’s intention to sponsor short media training courses aimed to empower the emerging professionals of the media industry in the country. 

“Our personal interest is to develop our network to get closer to practicing journalists in the world,” she said.  

SOURCE: THE GUARDIAN

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ARUSHA: Nigerian held with 4 kilos of cocaine

Arusha. Security officers at Kilimanjaro International Airport (KIA) have arrested a suspected drug trafficker on his way to Italy with four kilogrammes of cocaine.

A Nigerian national, John Chiguzo, 29, was nabbed on Saturday evening with a consignment which was well concealed in his travelling bag. He was headed to Rome, Italy via Addis Ababa with Ethiopian Airline, according to KIA’s security chief Justine Kisusi.

“It’s true that we have successfully managed to intercept the cocaine consignment en route to Italy. The suspect, a Nigerian citizen, claimed to have started his journey from Arusha,” Mr Kisusi explained.

The incident comes hardly a week after Transport minister Harrison Mwakyembe called on security officers at the airport to be vigilant because drug traffickers had shifted their base from Julius Nyerere International Airport (JNIA) in Dar es Salaam to KIA.

In a report signed by the Kilimanjaro Airports Development Company (Kadco) director of Finance and Corporate Services, Mr Bakari Murusuri, between March and September 2013, a number of suspects were arrested with narcotic drugs - notably cocaine and marijuana. Last month a suspect was arrested with 542.5 carats of smuggled tanzanite worth $123,362.

Mr Murusuri added that the airport has formed a task force comprising the police and officers from the Intelligence and Immigration departments as well as Tanzania Revenue Authority (TRA) to work on security matters.

Also incorporated are officials from the Tanzania Civil Aviation Authority (TCAA), Tanzania Airports Authority (TAA), Kadco, airlines using the airport as well as other stakeholders.

“It is too obvious that one of our priority areas is the problem of drugs. We have involved the airlines in studying the trend, especially the major routes used by the traffickers,” he said in a brief to the minister.

KIA, which is the country’s second major airport and major gateway to tourist attractions in the northern regions, will soon install more CCTVs and binoculars and will soon purchase portable explosive tracing detectors.

The Citizen Tanzania:

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UN rights expert urges Malaysia to overturn ban on Christian use of 'Allah'

[JURIST] The UN Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, on Monday urged the government of Malaysia to overturn the nation's ban on a Catholic publication's use of the word "Allah" to refer to God. Allah is the Arabic word for God and has been used by Christians Malaysians for centuries to refer to God. In 2009 the Ministry of Home Affairs ordered the newspaper The Herald a weekly Catholic newspaper to cease the use of the word "Allah" or face revocation of their publishing permit. In October of this year an appeals court in Malaysia on ruled that the nation's government can legally ban the use of the word "Allah" to refer to God in faiths other than Islam. 

In condemning the Malaysian government's actions the UN expert stated that "It cannot be the business of the State to shape or reshape religious traditions, nor can the State claim any binding authority in the interpretation of religious sources or in the definition of the tenets of faith." Bielefeldt's criticism of the Malaysian government is supported by the UN Independent Expert on minority issues Rita Izsak and UN Special Rapporteur on freedom of expression Frank La Rue.

Litigation over the Malaysian government's ban on using the word "Allah" for God in non-Muslim faiths has been ongoing for nearly four years. In January 2010 the Malaysia High Court [Malaysian courts website] ruled that non-Muslims can use the word "Allah" as a translation for the word "God," overturning a three-year government ban on the practice. A week later the court temporarily suspended enforcement of the ruling after the Malaysian Ministry of Home Affairs sought a stay. Earlier that week the government filed a notice of appeal.

JURIST.ORG

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Kenya: Media houses launch fresh legal battle to delay digital broadcast migration

A legal battle is looming between media houses and pay-television providers over the proposed migration to digital television broadcasting.

The largest media houses have filed an urgent petition challenging a decision of the Ministry of Information, Communication and Technology and the Communication Commission of Kenya to give the pay channels exclusive rights to oversee the migration.

The Nation Media Group, Standard Media Group and Royal Media Services claim that they were discriminated against by being locked out despite their television channels commanding the largest market share in Kenya.

Through lawyer Issa Mansur, the organisations have sought to stop the shift, which is scheduled to begin on December 13, on grounds that it will adversely affect majority of viewers.

“If the switchover date is not extended, over 90 per cent of citizens will not be able to receive television broadcasts on their sets since the government has up to date not instituted proper and adequate measures to ensure availability of universal top boxes for receiving digital transmission,” said Mansur.  

INTERCEPTING PROGRAMMES

They are seeking to stop the ministry and the CCK from switching off their broadcasts and to stop the pay television providers from intercepting and distributing their programmes.

The news organisations have submitted that they have collectively invested over Sh40 billion in their businesses, attracting over 85 per cent of television viewership. Should the digital migration be effected, they would be at risk of shutting down their television stations which could cause loss of jobs to many Kenyans, they argued.

They accused the CCK of breaching their intellectual property rights by authorising Signet Kenya, Star Times Media, Pan Africa Network Group and GoTv Kenya to intercept and transmit their programmes without their consent.

Mr Mansur argued that the media houses were unlawfully and discriminately left out and implementing the move without their involvement would be unconstitutional.

“There is no rational or lawful explanation why the existing broadcasters have not been licensed to be digital signal distributors despite a government task force recommendation. Their substantial investment will go to waste if they are not allowed to be providers as well,” said Mansur.

He claimed that Signet and Star Times had distributed only 170,000 set top boxes, majority of which were for pay television, while television sets were more than eight million.

Lady Justice Mumbi Ngugi certified the petition as urgent and directed the lawyer to serve the respondents with the suit. Further directions will be issued on November 26.

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Ten charged with Dr Mvungi's murder

TEN suspected killers of former prominent lawyer and politician, Dr Edmund Sengondo Mvungi, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam charged with murder.

They are Longishu Losingo (29), a resident of Kariakoo Msimbazi, who is alleged to be watchman at the deceased’s residence, Chibago Magozi (32), a businessman from Vingunguti Machinjioni, John Mayunga (56), a businessman from Kiwalani and Juma Kangungu (29), who resides at Vingunguti.

The rest are Masunga Msukuma (40), a driver residing at Kitunda, Paul Mdionondo (30), a businessman from Tabata Darajani, Mianda Mlewa (40), a businessman from Vingunguti, Zacharia Msese, a trader at Buguruni, Msigwa Matonya, who resides at Vingunguti and Ahmed Kitabu, a resident of Mwananyamala.

Before Senior Resident Magistrate Sudi Fimbo, the accused persons were not allowed to enter any plea to the charge because their case will be tried by the High Court. The court adjourned the matter to December 5 for mention. The prosecution, led by State Attorney Aida Kisumo, informed the court that investigations into the case have not been completed.

She told the court that the accused persons killed Dr Mvungi on November 3, this year, at Msakuzi Kiswegere area in Kinondoni District in the city. It is alleged that a group of suspected robbers stormed the residence of Dr Mvungi (61), who was a member of the Constitutional Review Commission (CRC) at night and critically wounded him when he was fighting off the machete-wielding assailants.

Several people started arriving at the court premises to witness the arraignment of the suspects after some information was circulated early yesterday morning over their appearance. The suspects were brought at the court amid tight security from fully armed police officers.

Immediately after the adjournment of the case, the accused persons were taken to a lock up briefly at the court premises before being whisked into a waiting police van and taken to remand at Segerea Prison.

Dr Mvungi was first admitted at the Muhimbili Orthopaedic Institute (MOI) intensive care unit in Dar es Salaam, but his condition remained critical, prompting the doctors to refer him to Milpark Hospital in Parktown West, Johannesburg, South Africa on November 7, this year.

Dr Mvungi, the renowned lawyer and 2005 presidential candidate under NCCR-Mageuzi ticket, died in the South African hospital on November 12, from injuries he suffered during the attack. Prior to his post as CRC Member, Dr Mvungi was Advocate of the High Court and Court of Appeal.

He was a Commissioner for Oaths and Notary Public and had been a Dean of the Faculty of Law and lecturer at the University of Dar es Salaam and a Board Member and Affiliation Vice-Chairman for the Media Council of Tanzania (MCT). Until his death he was Deputy Vice-Chancellor, University of Bagamoyo. Dr Mvungi also worked as journalist with Uhuru and Mzalendo newspapers in the 70s and 80s, before leaving to pursue law studies.

Daily News Tanzania:

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Bin Laden doctor Shakil Afridi charged with murder

The Pakistani doctor who helped the United States track down Osama bin Laden has been charged with murder.

The latest charges relate to the death of a patient eight years ago at a hospital in the Khyber Agency region.

Shakil Afridi's lawyer, Samiullah Afridi, said officials had informed him about the murder charge on Friday morning, Reuters reports.

The move comes two months after a court overturned a previous sentence given to Dr Afridi.

Reuters quoted an official as saying that a woman had come forward blaming Dr Afridi for the death of her son at a clinic in 2005.

"She stated that he operated on her son at a hospital in Khyber Agency even though he was not a surgeon, and that caused [her son's] death," the official said.

Dr Afridi had been given a 33-year jail sentence by a court in the Khyber tribal agency for alleged links to a banned militant group.

But in August a court overturned the ruling, citing procedural errors and ordered a retrial.

At the time, the BBC's Ilyas Khan warned that there was no guarantee that a similar verdict would not be reached in a retrial.

Osama Bin Laden was killed by US forces in Abbottabad in May 2011.

His killing soured US-Pakistani relations as Pakistan saw the operation as a violation of its sovereignty.

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Babu Seya, Papii Kocha lose appeal, life sentence remains

Famous Congolese musicians Nguza Viking alias Babu Seya and his son, Johnson Nguza Papii Kocha, yesterday lost their last defense option after the Court of Appeal dismissed their appeal for the Court to review of their life imprisonment sentence for sodomising minors.

Speaking to journalists out of the court room, Sada Omary, a relative of Viking said they had nothing to do but ask President Kikwete to forgive their relatives.

On his part, defence advocate Gabriel Monyele said there is a need to have a Supreme Court which will be the last organ to grant justice in the country.

Reading the ruling, Registrar of the court Zahara Maluma said that, the court has dismissed the application because the judgment given by the Kisutu Resident Magistrate’s Court was right and the convicts will continue with their sentence.

According to a panel of three judges led by Nathalia Kimaro, Mbarouk Mbarouk and Salum Massati who heard the revision of the application, the decision by the High Court who also rejected an earlier appeal was also right.

The High Court dismissed Babu Seya and Papii Kocha’s appeal in 2010 but set free two of Viking’s sons, Nguza Mbangu and Francis Nguza who were also serving life imprisonment.

Court Registrar Maluma said that regarding the nature of the present appeal, the applicants have not satisfied the threshold required for review on the ground that the matters rose fall within the confines of a manifest error apparent on the face of the record. 

“The applicants have not established that there was such an error in the judgment thus it is misconceived and untenable,’ Maluma read.

She said based on those grounds, the court holds the punishment because in order to have another option of the first judgment the applicant had to establish that there was an error.

She added that all the arguments raised were not taken up in the appeal so introducing them now would just be undergoing the appeal in disguise litigation. 

Maluma added that there was a clear distinction between an error of the laws and a decision that is erroneous in law adding that the latter is good ground for appeal but not review.

She further said that if there are conflicting decision of the court the applicant should have sought the convention of a full bench of the court to resolve the conflicts.

Maluma said that the applicants have not shown how, if there were any errors, they resulted in the mis-courage of justice.

Appeal Court said regarding the failure by the prosecution to summon important witnesses to corroborate the evidence of the merit, the question of which witness should be summoned to prove the prosecution case rests on the prosecution. 

Moreover it is not the number of witnesses which matters but rather it is the credibility of witnesses.

“Neither an erroneous decision in law and or a different view on a question of law is manifest error apparent on the face of the record,” Maluma went on to say.

Court records show that the applicants and the other two, who were freed, were arraigned at the Kisutu Court in 2003 charged with ten counts of raping minors.

The four were convicted of the offences on June 25, 2004 and sentenced to life imprisonment and each ordered to pay 2m/- compensation to each victim.  

SOURCE: THE GUARDIAN

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6 charged with illegal possession of ivory

SIX people appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam on Thursady charged with conspiracy and unlawful possession of several pieces of elephant tusks valued at over 7bn/-.

They are Mohamed Suleiman Musa, Mohamed Haji Haji, alias Udole, Juma Ali Makame, Mohamed Hija Mashaka, Omary Hamad Ally and Haider Ahmed Abdallah.

Before Principal Resident Magistrate Nyigulila Mwaseba, the accused persons were not allowed to enter plea to the charges because the case will be tried by the High Court.

The magistrate ordered them to go to remand until December 5, this year, when the case will be mentioned. Investigations into the matter, the prosecution said, have not been completed.

It is alleged that the accused persons conspired to commit the offence of unlawfully possession of government trophies between October 1 and November 13, this year, at various places in Kinondoni District and different areas in Mjini Magharibi in Zanzibar.

State Attorney Shadrack Kimaro, for the prosecution, further told the court that on November 13, this year, at Zanzibar Port within the district and region of Mjini Magharibi, jointly and together, the accused persons were found in possession of 1,023 pieces of elephant tusks.

Such consignment, according to the prosecution, had an estimated weight of 2,915 kilogrammes and valued at 7,480,125,000/-. It is alleged that the ivory consignment was intercepted at the Zanzibar port in a 40 foot shipping container ready for transportation to China, the suspected main destination.

The arraignment of the accused persons comes a few weeks after two Chinese were taken before the same court facing similar charges of unlawfully possession of 706 pieces of elephant tusks weighing 1,889kgs valued at 5,435,865,000/-, property of the government. The trio were Huang Gin (50), Xu Fujie (22) and Chen Jinzhan (31).

The court was told that the accused persons committed the offence on November 2, this year, at Kifaru Street, Mikocheni B in Kinondoni District in the city. Well-armed criminals kill elephants and rhinos for their tusks, largely due to increasing demand in China and other Asian countries for ivory ornaments and folk medicines.

International trade in ivory was banned in 1989 after the population of elephants dropped from their millions in the mid- 20th century to about 600,000 by the end of the 1980s.

Last year, a Tanzanian member of parliament said poaching was out of control with an average of 30 elephants being killed for their ivory every day.

In August 2011, Tanzanian authorities seized more than 1,000 elephant tusks hidden in sacks of dried fish at Zanzibar port and destined for Malaysia.

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Suspects in London ‘slave’ case released on bail

British police released a London couple taken in briefly for questioning Thursday in connection with a domestic slavery case that has shocked Britain.

The case, which was kept under wraps until yesterday’s arrests, involves three women who were freed on 25th October after being allegedly held for at least 30 years in a London home.

Officials identified the victims as a 69-year-old Malaysian woman, a 57-year-old Irish citizen and a 30-year-old British national, who is believed to have spent her entire life in domestic slavery. It is not thought that the women are related to each other or their captors.

“Traumatised”

The story hit the press after detectives arrested a man and a woman, both 67 and described as non-British nationals, at their home in south London in connection with the discovery. The married couple were released on bail late Thursday after police questioning.

Police said the rescued women were, “highly traumatised”.

Detective Inspector Kevin Hyland from the Metropolitan Police’s Human Trafficking Unit said, “Our unit deals with many cases every year but has never unearthed such a staggering example of people held against their will for their whole lifetime.”

Police acted after being contacted last month by the Freedom Charity, which received a call from a woman saying she had been held against her will in a house in London for more than 30 years, police said.

Police and charity worked together

Police said that the 57 year-old-woman “found the courage” to contact the charity after seeing a TV documentary on forced marriages featuring the group’s work. While the group focuses on helping young people escaping forced marriages and honour killings, it is also used to working with women trapped in different difficult situations.

Police inquiries established the location of the house and, with the help of “sensitive negotiations” conducted by the charity, the three women were rescued.

“It was a very emotional time,” said Aneeta Prem, founder of Freedom Charity. “When we got the message they were outside the front door, the whole call centre erupted in cheers and there were tears, and everyone was incredibly emotional to know we had helped to rescue three ladies who had been held in such horrific conditions.”

Police applauded the actions of Freedom Charity and said that further investigations would follow.

“We have launched an extensive investigation to establish the facts surrounding these very serious allegations,” Hyland said.

In a similar case earlier this year, three women who were imprisoned in a house in Cleveland, Ohio, for more than a decade were freed.

(FRANCE 24 with AFP, Reuters)

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ICC prosecutor wants Ruto barred from court talks

The Hague. ICC prosecutor Fatou Bensouda has filed an urgent application asking the court to lift the excusal it gave Deputy President William Ruto to skip yesterday’s hearing.

Ms Bensouda said that the excusal had been granted on the grounds that he would be in Kenya when President Uhuru Kenyatta travelled to Kuwait for the third Africa-Arab Summit. The ICC allowed the cases against Mr Kenyatta and Mr Ruto to alternate after their lawyers said the Constitution does not permit their absence from the country at the same time.

However, according to Ms Bensouda, Mr Ruto may have misled the trial chamber since he is expected to lead the Kenyan delegation to the Assembly of State Parties to The Hague Thursday. 

Kenya is pushing for an amendment to the Rome Statute to stop the court from indicting sitting heads of state and government.

Ms Bensouda also submitted that Mr Ruto’s absence from Kenya could be a demonstration that his and Mr Kenyatta’s absence from the country at the same time was not anchored in the Constitution. “The Prosecution requests Trial Chamber V(A) to reconsider and vacate its decision to grant the excusal of the accused, Mr William Samoei Ruto from attending his trial on 21 November 2013,” she said in her application.

“The Prosecution has been informed that Ruto is set to lead the Kenyan delegation to the Assembly of States Parties’ (ASP) 12th session, which commences on 20 November 2013 in The Hague.

“The prosecution notes that Ruto’s excusal request was premised on the fact that he would be constitutionally required to be present in Kenya until 21 November, due to the absence of Kenya’s President, Mr Uhuru Kenyatta during that time.”

She said that considering Mr Ruto’s scheduled presence at the talks, his rationale for an excusal was no longer valid. “Either Kenyatta will return to Kenya before 20 November 2013, making Ruto available to appear at trial on 21 November, or alternatively Ruto’s presence in Kenya is not in fact indispensable, notwithstanding Kenyatta’s absence,” she said.

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Illinois governor signs same-sex marriage into law

(Reuters) - Illinois Governor Pat Quinn on Wednesday signed into law a bill extending marriage rights to same-sex couples, making the home state of President Barack Obama the 16th to allow such unions.

The Illinois law, which takes effect June 1, is the latest in a series of recent victories for gay rights, coming after Hawaii's governor signed gay marriage into law last week and after New Jersey Governor Chris Christie in October dropped his appeal of a court ruling that legalized same-sex marriages.

"This new law is an epic victory for equal rights in America," Quinn said before signing the bill in a ceremony attended by about 3,000 people, including Chicago Mayor Rahm Emanuel and state leaders.

"Illinois is moving forward," Quinn said. "We are a model for our country. If the Land of Lincoln can achieve marriage equality, so can every other state in the nation."

Illinois state senators voted to legalize gay marriage in February, and the state House followed suit by a slim margin earlier in November.

Illinois currently allows civil unions, which gay rights activists have said does not go far enough.

"When our constitution was written, those who wrote it understood that liberty and equality are not destinations, but they're journeys ...," said state Representative Greg Harris, a Democrat from Chicago and the bill's sponsor.

Afterward, Brenda Lee, 61, and Lee Edwards, 52, of Chicago, together for 10 years, said they planned to marry before the end of 2014. The women were among the first people to be joined in a state civil union.

"I'd tell people I was in a civil union and they'd say, 'What's that?,'" Edwards said. "Love is love. Now our relationship can be recognized as marriage. It doesn't have to be qualified or explained."

The proposal was resisted by some African-American Democratic lawmakers who were under pressure from outspoken black Protestant churches to oppose it. The leadership of the Roman Catholic Church in Illinois also opposed the proposal.

A Catholic bishop in Illinois, Thomas Paprocki of Springfield, said he planned an exorcism ritual to protest the law at the same time as the governor's planned signing on Wednesday.

Opponents had expressed concern that under the proposed gay marriage law, religious organizations that declined to allow their facilities to be used for gay marriages could face lawsuits. The bill signed by Quinn provides safeguards for religious organizations.

"This affects believers in myriad ways - how they live out their faith, how they educate their children and how they operate their businesses," said Tom Brejcha, president of the Thomas More Society, a legal group that focuses on religious liberty questions.

Three protesters held a sign in front of the auditorium where the signing ceremony was held that said, "Homosexual 'Marriage' is against nature's law and nature's God."

A year ago, only six states - Massachusetts, Vermont, New Hampshire, New York, Connecticut and Iowa - plus the District of Columbia recognized same-sex marriage, but the number has since more than doubled.

Maine, Maryland and Washington became the first to extend marriage rights to same-sex couples by popular vote with passage of ballot initiatives last November. Gay marriage also became legal this year in California, Delaware, Minnesota and Rhode Island.

In contrast, voters in more than two dozen states have approved state constitutional provisions that define marriage as a union between a man and a woman, according to the National Conference of State Legislatures.

(Reporting by Mary Wisniewski; Editing by Sandra Maler, Bob Burgdorfer and Steve Olofsky)

REUTERS.

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Ukraine's parliament rejects crucial Tymoshenko bill

Ukrainian MPs have rejected a bill that would have allowed the release of jailed opposition leader Yulia Tymoshenko, dealing a blow to Kiev's hopes of a trade deal with the EU.

They threw out six drafts of the bill which would have allowed Tymoshenko to travel abroad for medical treatment.

The EU made her release a condition for signing a historic deal on closer ties with Ukraine next week.

But Ukraine came under intense pressure from Russia not to sign.

Blocking

Russia wants Ukraine to join its own customs union with Kazakhstan and Belarus, which it sees as a prototype rival to the European Union.

The bill failed to pass after MPs from President Viktor Yanukovych's ruling Regions Party refused to cast their votes on any of the six proposed drafts.

"It is President Viktor Yanukovych who is personally blocking Ukraine's movement toward the European Union," Arseniy Yatsenyuk, parliamentary leader of Tymoshenko's opposition Fatherland group, told parliament after the vote failed.

The drafts all fell short of the 226 votes needed.

Opposition MPs responded by shouting "shame" as the bill was thrown out.

The legislation was put forward on the treatment of convicts abroad.

Back pain

Tymoshenko, 52, is serving seven years in jail after a controversial conviction on charges of abuse of power over a gas deal with Russia.

The EU has made clear it believes the judicial campaign against Tymoshenko has been politically motivated.

She has been urging the authorities to transfer her to a German hospital so that doctors there can treat her chronic back pain.

The EU is demanding her release as one of the conditions for signing an EU-Ukraine trade and partnership agreement in Vilnius, Lithuania, which starts on 28 November.

It has been attempting to build closer relations with neighbours that were once part of the Soviet Union, and is expected to initial but not yet formally sign association agreements with Georgia and Moldova.

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Stakeholders call for changes in Rubada Act

VARIOUS stakeholders have called for amendment of the Rufiji Basin Development Authority (Rubada) Act of 1975 to enable the institution operate smoothly without affecting other laws.

The Director General of Rubada, Mr Aloyce Masanja, said this at a news conference in Dar es Salaam, after a meeting held to collect views of various stakeholders on Rubada Act.

"The stakeholders include officials from institutions dealing with matters related to land, water, tourism, energy, industries, river basins and the Tanzania Private Sector Foundation (TPSF)," He said the stakeholders have identified many weaknesses in the Rubada Act and called for changes on the statute to meet the desired demand.

Mr Masanja the law was supposed to be dynamic and move with time. "Since its enactment in 38 years ago, the law has not been changed to go with time although the country has gone through many transformation on social, economic and political policies," Mr Masanja explained.

He said issues under Rubada's jurisdiction include development and promotion of agriculture, electricity generation, tourism, water conservation and other economic activities in the Rufiji River Basin," Mr Masanja said.

"The Rubada Act cannot be implemented smoothly at present because there has been so many acts the conflict with it including the Land Act and Village Land act of 1999.

He said the views of the stakeholders would be presented to the cabinet in February, next year, for further decisions.

The Coast Region Administrative Secretary, Ms Bertha Swai, said Rubada was responsible for the implementation of the (Southern Agricultural Corridor for Tanzania (SAGCOT) in Coast, Lindi, Morogoro, Mbeya and Ruvuma. "The project has been very successful," she said.

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Fate of ATCL head office building now in AG hands

THREE companies have asked the Attorney General (AG), Mr Frederick Werema, to intervene in a legal wrangle involving the payment of 1.26 million US dollars (about 2.02bn/-) to rescue the attachment and sale of the Air Tanzania Company Limited (ATCL) head office building.

They are Well worth Hotels and Lodges, trading as Kunduchi Beach Hotel and Resort, Leisure Tours and Holidays Limited and TBC (1998) Limited.

It is alleged that the three companies rendered various services to ATCL, but the latter company had not paid their claims totalling 1,264,592 US dollars.

Through Msemwa and Company Advocates, the companies have written some letters to the AG, seeking his intervention on the matter.

“We request for your intervention so that our client(s) be paid the above sum of money and avoid possible sale of ATCL building located on Ohio Street,” reads one of the letters in part.

Correspondence between the law firm for the three companies and various government institutions, including the AG, Ministry of Finance and ATCL itself, indicates that Well worth Hotels and Lodges was demanding 661,089 US dollars.

The documents further show that Leisure Tours and Holidays Limited, a tour operator, demands 477,503.38 US dollars from ATCL, whereas TBC (1998) Limited claims a sum of 120,000 US dollars from the troubled company.

At some point in time, one of the three creditors applied for attachment and sale of the ATCL building, but Judge Robert Makaramba of the High Court’s Commercial Division directed for valuation of the property situated in the city centre before issuing the order sought.

It is alleged that the debt for Leisure Tours and Holidays arose from car rental services provided by the tour operator company to ATCL, but the national flag carrier could not honour the invoices rendered for payment.

For its part, TBC (1998) Limited had been storing motor vehicles for ATCL at its bonded warehouse Number 232 situated in Mbagala Industrial Area since 2007.

The Commercial Court had also advised the creditors to look for alternative property for attachment to recover its claims.

But advocate Jerome Msemwa, who is representing the three creditor companies, informed the Registrar of the Court in his letter dated November 11, 2013 that after due diligence, it had been established that the judgment debtor (ATCL) had no other property except the one sought to be sold.

“In the circumstances, we humbly pray the process of sale to continue as we have already submitted the valuation report as ordered by the court,” the letter reads.

Daily News Tanzania.

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Case against Kenyan, Ugandan and Rwandan govts filed at EACJ

Arusha. Three Tanzanians yesterday filed a case at the East Africa Court of Justice against the Kenyan, Ugandan and Rwandan governments and the East Africa Community (EAC) secretary general.

The four are accused of violating the EAC treaty after holding three meetings which sidelined Tanzania and Burundi which are other member states.

Those who filed the case at the Arusha-based court are Mr Ally Msangi, Mr David Makata and Mr John Adam . They pray for judges at the court to suspend the implementation of resolutions reached during the meetings of presidents Uhuru Kenyata of Kenya, Yoweri Museveni of Uganda and Paul Kagame of Rwanda.

Their lawyer Jimm Ubedi said his clients are challenging the three presidents for holding meetings on June 24 and 25 in Entebbe, Uganda, followed by another meeting which was held on August 28 in Mombasa, Kenya, and another meeting which was held on October 28 in Kigali, Rwanda.

According to him, the meetings violated the Section 6 (a) (b) (d) and (f), Section 7 (f), Section 71 (d), Section 3 (3) and Section (1) C (3) c of the EAC treaty, which require all EAC member states to be involved in making decisions with regard to the integration process.

Presidents of Rwanda, Uganda and Kenya met under what was later dubbed as the ‘Coalition of the Willing’ to go ahead and fast-track the East Africa integration to create the East African federation in the shortest possible time.

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Court delay opens path for Malema election bid

Johannesburg, Monday. A South African court delayed the graft trial of high-profile ANC defector Julius Malema today, opening the way for the firebrand ex-youth leader to challenge his former allies at 2014 elections.

Malema -- who is facing a series of corruption-related charges including racketeering -- appeared briefly in the Polokwane High Court, in the northern province of Limpopo.

At the hearing his trial was set for September 2014, a victory for Malema whose Economic Freedom Fighters hope to contest general elections expected in April next year.

He maintained that his charges were politically motivated and that his accusers were “ fighting political battles in court.”

“I did not steal from you. I don’t steal from the poor,” he told hundreds of supporters gathered outside the court.

Malema was once head of the ANC’s Youth League and was a rising star in the party.He was a staunch ally of President Jacob Zuma but was last year expelled from the ANC for ill-discipline.

Malema has since become Zuma’s biggest critic and has publicly apologised for backing him.

His recently launched party hopes that, amid high unemployment and staggering wealth disparities, voters will lap up their populist message. Malema has hit the ANC hard over corruption and called for the nationalisation of mines and the expropriation of white-owned land.

However he himself stands accused of arranging lucrative government contracts for cronies in return for kickbacks.

“They arrested me because they can’t match my thinking capacity,” Malema said. He is charged with four of his business associates and faces up to 15 years in prison.

Some of his assets, including a farm and household goods, have been seized by the taxman to cover over $2 million (1,4 million euros) in unpaid taxes. (AFP)

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Pakistan to try former leader Musharraf for treason

Pakistan announced Sunday it would put former military ruler General Pervez Musharraf on trial for treason, punishable by death or life imprisonment, for imposing emergency rule in 2007.

"Following the judgement of the Supreme Court and a report submitted by an inquiry committee, it has been decided to start proceedings against General Pervez Musharraf (for treason) under Article 6 of the Constitution," Interior Minister Chaudhry Nisar Ali Khan told a press conference televised live.

"It is happening for the first time in the history of Pakistan and the decision has been taken in the national interest," Khan said.

The minister said the Supreme Court's Chief Justice would Monday receive a letter from the government requesting the setting-up of a tribunal of three high court judges to start proceedings against Musharraf for treason.

The government would also announce a special prosecutor on Monday.

Musharraf is already facing four major criminal cases dating back to his 1999-2008 rule, including one related to the assassination of former prime minister Benazir Bhutto in 2007.

Last week he asked a court to let him leave the country to visit his sick mother in Dubai. The court was expected to rule on the application on Monday.

FRANCE24 & AFP

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VIP firm demands 787bn/- damages for ‘fraud’ in IPTL case

VIP Engineering and Marketing Limited has sued six firms, including Standard Chartered Bank, demanding 490.9m US dollars (about 787bn/-) in damages for fraud, conversion of rights and corporate waste in dealing with its interests in Independent Power Tanzania Limited (IPTL).

The suit, which has been registered as civil case number 229 of 2013, was lodged at the High Court in Dar es Salaam last week against Standard Chartered Bank PLC, Standard Chartered Bank (Hong Kong) Limited and Standard Chartered Bank (Tanzania) Limited.

Other defendants are joint liquidators of Mechmar Corporation (Malaysia) Berhad, Wartsila Nederland BV and Wartsila Tanzania Limited. VIP, the plaintiff in the matter, is also seeking, apart from the monetary damages and compensation, a declaration that the company (VIP) and IPTL have suffered substantial loss and damages as a result of the defendants’ actions and conduct and that neither the banks nor their agents have ever legally been IPTL creditors.

The plaintiff is also requesting the court to declare that the defendants committed fraud, money laundering, corporate waste and oppression, diversion of funds and conversion of IPTL and VIP property, as a result of their conduct. Furthermore, the company is requesting the court to order Wartsila to carry out dual gas and heavy fuel oil conversion of the IPTL power plant at a cost of not more than 11.5m US dollars.

VIP, a local company being represented by advocates Respicius Didas, Michael Ngalo, Cuthbert Tenga and Dosca Mutabuzi in the matter, was until recently the owner of 30 per cent shares in IPTL, while the remaining 70 per cent were owned by Mechmar Corporation (Malaysia) Berhad.

IPTL was formed on November 1, 1994 for the purpose of constructing, owning and operating a power plant at Tegeta in Dar es Salaam. In 1995, the company entered into a power purchase agreement (PPA) with Tanzania Electric Supply Company (Tanesco).

Under the PPA, IPTL was to design, construct and operate the power plant to supplement Tanzania’s power supply and the duration of the agreement was 20 years. The power plant was under the engineering procurement and construction contract between IPTL and Wartsila (EPC Contract). The PPA provided for conversion of the IPTL power plant to operate on natural gas as quickly as practicable, which would reduce overall costs and improve the profitability and efficiency of the company.

“As of today, the plant has not been converted to operate on natural gas and its capacity has not been expanded because of fraudulent and deceptive practices of the defendants. This has resulted not only in the exacerbation of Tanzania’s power shortage, but also tremendously diminished IPTL’s and VIP’s profits,” the plaint reads in part.

Pursuant to the PPA, IPTL was entitled to receive certain payments after the commencement of commercial operation of the power plant, certain payments for maintaining the power plant in a state of readiness and payments for electricity actually provided pursuant to a tariff calculated to permit investors a reasonable rate of return.

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Ex-deputy minister’s 100m/- appeal hearing on Monday

THE Court of Appeal is today set to start hearing the appeal lodged by former Deputy Minister, Dr Maua Daftari challenging a decision of the High Court, requiring her to pay businesswoman, Fatma Salmin, over 100m/-. In previous two sessions, the hearing could not take off for various reasons.

The first session was held on September 11, this year, but the court was forced to postpone the matter after granting a request by advocates for the businesswoman. Lead counsel Novatus Rweyemamu, who was assisted by advocate Mark Lebba, for the businesswoman, had informed the court that they were not ready to proceed with the hearing because their client instructed them late to conduct the mater.

The second session was penciled for October 28, this year. This time around, Advocate Peter Swai, assisted by Co-counsel Karol Tarimo, for the ex-deputy minister, could not show up for different reasons. Mr Swai, the court heard, had developed some sight problems and had, thus, went to seek medical attention.

The advocate informed the court in advance of his problem. The court was further told that advocate Tarimo was absent as he was appearing before another panel on the same day. As a result, the court postponed the hearing session to another date.

The justices, however, directed counsel for the parties that they should be prepared for the hearing on the date that would be arranged, which is today. In the appeal, Dr Daftari is asking the appeals court to quash the judgment and set aside the decree given by then High Court Judge Laurian Kalegeya, which was delivered by Judge Fredrica Mgaya on July 9, 2010.

But the businesswoman has also cross-appealed to challenge the same decision. The two individuals in the case were close friends. They came to know each other in 1995 when Ms Salmin went to Parliament to advertise her businesses to Parliamentarians. Since then, the two became very close.

But their relationship turned sour, prompting Ms Salmin to institute an assortment of claims, demanding a total of 410,092,400/- from Dr Daftari. The latter had vehemently denied the claims in question during the trial of the case.

Among the claims include 100m/- that was allegedly given to the former deputy minister in November 1996, for the purpose of procuring a fruit processing and canning plant from South Africa and delivering the same at Mlandizi in Kibaha District where Ms Salmin lives.

Other amount claimed included 10,950,000/- as loan received between 1994 and 1995 for the purchase of corrugated iron sheets and other miscellaneous construction materials and another 15m/- allegedly obtained in December 1996 for importation of motor vehicles, refrigerators and computers.

But, after hearing the matter, the trial judge dismissed other demands, but ordered Dr Daftari to pay the businesswoman 100,760,000/-, interests at the rate of from the date of judgment to the payment in full. The trial judge also ordered the then deputy minister to pay costs of the suit.

Both parties were aggrieved by the decision. Dr Daftari filed an appeal and advanced five grounds to support her appeal. In her part, Ms Salmin cross-appeal and filed several grounds to fault the High Court’s decision.

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China to amend law to relax one-child policy

[JURIST] The Communist Party of China (CPC) will loosen the nations one-child population control policy, according to documents released following the Third Plenary Session of the 18th CPC Central Committee  held in Beijing earlier this week. The policy will allow families where one parent is an only child to have two children. The one-child policy was adopted by China in 1979 to curb rapid population growth in the nation. According to the Chinese state media agency, Xinhua, China wants to maintain a population of around 1.5 billion and increase the nation's fertility rate to 1.8 children per woman. Exception to the policy already exist in rural parts of the country, where families are allowed two children if the first is a girl, and among certain ethnic minorities. China's aging population has been a major concern for country; currently 14.3 percent of the population is over the age of 60, with estimates that by 2050 the percentage will jump to nearly a third of the population.

China has been under scrutiny for its human rights record, especially in the lead up to the country's election earlier this week to a three-year term on the Human Rights Council (UNHRC) beginning January 1. In October a group of independent UN rights experts expressed concern over reports that Chinese human rights activists have been subject to harassment for their attempts to participate in a UN human rights assessment of China. The activists have reportedly been prevented from participating in protests or leaving the country as this month's second review of China's human rights record approaches. In response to the allegations a week later China defended its human rights record to the UN, insisting it was abiding by its obligations and cooperating with inquiries.

JURIST.ORG

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