Burning of Samia's picture saga sparks legal debate
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The police claim to have finished their part and that the Office of the Director of Public Prosecutions would handle the remaining matters; however, it is unclear when he will be arraigned
Mbeya/Dar. The issue involving the arrest of Shadrack Chaula (24), a resident of Mbeya, for allegedly burning a picture of President Samia Suluhu Hassan, has sparked legal controversy, with some lawyers saying no law has been broken.
However, when asked when the young man will be brought before the court of law, the Police Commander of Mbeya Region, Mr Benjamin Kuzaga, said their role ended with the arrest and the matter of prosecution remains with the Office of the Director of Public Prosecutions.
“I cannot say when he will be taken to court. Our job was to arrest him. The Prosecutors’ Office will prepare charges based on evidence and specify which laws the suspect has violated,” he said.
A lawyer from the Office of the Attorney General in Mbeya Region (name withheld as they are not spokespersons) said they have no authority to comment further beyond what the Attorney General (AG) states.
“Even if the file reaches our desk, we will examine the legal aspects after the Director of Public Prosecutions (DPP) determines whether there is a case or not. The law and authority to speak on this currently lie with the Attorney General,” the lawyer said.
Independent lawyer Philip Mwakilima told The Citizen’s sister paper, Mwananchi, that there was no law or provision indicating that burning or not burning a picture of the leader constitutes an offence, and it has no impact on society.
He said that there was no direct evidence proving whether the burnt picture depicted the president, questioning, “Was the picture taken by a government photographer? Let them come out publicly and explain their impact on society and the nation. What was the intention of the person who burned it? Who can show the law that burning a picture is an offence?”
“If it’s a drawing, does it resemble the President? Does it show realism that it is her? Then there’s nothing to proceed with,” he said.
Mr Chaula, a resident of Ntokela village in Rungwe District, is said to be an artist specialising in painting.
He was arrested for allegedly recording a video and circulating it online, showing him burning a picture of President Samia Suluhu Hassan while making strong statements.
Independent lawyer Peter Kibatala, commenting on the incident, said he has instructed two lawyers to provide legal assistance to the young man.
“We won’t interfere with the decision of the regional commissioner, who wanted the young man questioned, but when he is taken to court, he has the right to legal assistance, which is why I instructed my colleagues to assist him,” he said.
The Regional Commissioner of Mbeya, Mr Juma Homera, commented on the incident.
“I have seen some videos showing a citizen in Rungwe District insulting President Samia. As the regional commissioner, I am not satisfied with this. It is not the culture of Mbeya people to insult our national leaders; let them work to serve us and bring significant changes to society.”
“Secondly, I direct the Police Commander of Mbeya Regio, Mr Benjamin Kuzaga, to ensure he arrests the young man who has insulted our national leaders, especially President Samia.”
Lawyer Michael Lugina said they were keeping a close eye on what happened to the young man, adding that once brought before the court of law, they would provide him with legal assistance.
“The young man was arrested following the order of the regional commissioner, especially due to that video. We have seen that he might not get legal aid, which is why we decided to help him,” he said.
He said according to the law, the regional commissioner has the right to order someone’s arrest if they endanger security, but the suspect should not be held for more than 24 hours without being taken to court.
“We are following up on the procedure for going to court. If they don’t take him, we will sue the police and the regional commissioner to compensate the young man,” he said.
Lawyer Michael Mwangasa said it is his view that no offence was committed, and no one can confirm if he burned the picture.
He also questioned if it was indeed a picture of the President and not the Chairman of the Revolutionary Party (CCM).
