Dr Slaa, two others could face treason charges

As of the time of press yesterday, Dr Slaa, former Chadema secretary general, remained in custody at Oysterday Police Station after being arrested at his residence in Mbweni on the outskirts of Dar es Salaam on Sunday.

Mr Mwabukusi was apprehended in Mbeya on Saturday, while Mr Nyagali was captured in Mikumi, Morogoro Region, and subsequently taken to Mbeya for detention.

Advocate Dickson Matata, representing Dr Slaa, said yesterday that the former presidential aspirant on the opposition Chadema ticket had been summoned by the police to record a statement regarding allegations of incitement, contrary to Section 55(i)(d)(e) of the Penal Code Act, Cap 16 RE 2022.

However, Dr Slaa, who was being handled by the Police Officer-In-Charge, declined to record the statement, expressing his intention to do so in a court of law.

“Since the alleged incitement charge is bailable, we immediately began the bail process, only to be informed that all charges against my client had been changed to treason, as per Section 39(2)(d) of the Penal Code Act, Cap 16 RE 2022,” stated Mr Matata.

Dr Slaa once again declined to record the new statement, his lawyer said. “Given that treason charges are non-bailable, he was taken into police custody and remains detained,” his lawyer said.

Matata explained, “I have just visited him to assess his situation, including whether he is receiving necessary humanitarian services such as food. Currently, we are awaiting police procedures, as the legal provision of a maximum 24-hour period for detaining the suspect without arraignment before the court has not yet expired.”

Regarding the fast-tracking of Dr Slaa’s arraignment, Matata stated that the police were making efforts to expedite the process, and their course of action would be determined after the completion of the 24-hour period.

He emphasised that treason charges, like any others, must be substantiated beyond a reasonable doubt in court and that nobody can prevent authorities from charging anybody with treason.

“However, because such charges can carry death sentences for those found guilty, levying such allegations suggests an intention to silence vocal individuals in the country,” he noted.

Dr Slaa previously served as the Tanzanian envoy to Stockholm, Sweden, and was also accredited to Denmark, Finland, Norway, Iceland, Estonia, Latvia, Ukraine, and Lithuania between 2017 and 2021.

Matata revealed that digital devices belonging to Dr Slaa, including a laptop, iPad, mobile phone, and two USB flash drives, were confiscated during a search at his residence.

Mwabukusi, Nyagali record their statements

Philip Mwakilima, the lawyer representing Advocate Mwabukusi and Mr Nyagali, confirmed that his clients had provided statements to the police after being informed about the treason charges.

“They have fulfilled all the required procedures in the presence of legal representation. What remains are routine prosecutorial processes, including preparing charge sheets after the case files have been submitted to the Director of Public Prosecution’s office,” he stated.

“As their legal representative, I have provided both them and the office of the Director of Public Prosecution (DPP) with the chance to fulfill their responsibilities,” he added.

Mwabukusi was among the petitioners who contested the Intergovernmental Agreement (IGA) between Tanzania and Dubai on the operation and development of the Dar es Salaam port.

The subsequent ruling favoured the government, as the high court determined that only Parliament had the authority to nullify an IGA.

The arrests of the three individuals occurred shortly after the Inspector General of Police Camillus Wambura issued a warning against those planning demonstrations that he deemed aimed at destabilising the government ahead of the 2025 General Election.

IGP Wambura cautioned that the police had initiated surveillance on their activities.

 What the law says about treason charges:

Section 39

Section 39(1)(a) and (b) of the Penal Code, Cap. 16, as revised in 2022, says that any person who is under allegiance to the United Republic of Tanzania is considered to have committed treason if he or she murders or attempts to murder the President.

A person would also face treason charges if she or he “...levies war against the United Republic and shall be guilty of treason and shall be liable on conviction to suffer death,” reads the document in part.

Section 39(2) states that any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, forms an intention to effect or cause to be effected, or forms an intention to instigate, persuade, counsel, or advise any person or group of persons to effect or cause to be effected, any of the following acts, deeds, or purposes, that is to say:

“The death, maiming, or wounding, of the imprisonment or restraint, of the President; or the deposing by unlawful means of the President from his position as President or from the style, honour, and name of Head of State and Commander-in-Chief of the Defence Forces of the United Republic,” reads another part of the penal code.

“The overthrow by unlawful means of the Government of the United Republic; or the intimidation, of the executive, the legislature, or the Judiciary of the United ‘Republic, and manifests such intention by publishing any writing or printing or by any overt act or deed whatsoever, shall be guilty of treason and shall be liable on conviction to suffer death,” according to another part.

Section 39(3) says that any person who, being under allegiance to the United Republic; adheres to the enemies of the United Republic or gives them aid or comfort, in the United Republic or elsewhere; or instigates, whether in the United Republic or elsewhere, any person to invade the United Republic with an armed force.

Also, those taking arms within the United Republic in order, by force of constraint, to compel the Government of the United Republic to change its measures or counsels, or in order to put any force or constraint on, or in order to intimidate or overawe, the Government of the United Republic, shall be guilty of treason and shall be liable on conviction to suffer death.

Furthermore, Section 39(4) says any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic, does any act that is designed or likely to give assistance to such an enemy.

Or to interfere with the maintenance of public order or the Government of the United Republic, or to impede the operation of the Defence Forces or the Police Force, or to endanger life, shall be guilty of treason and shall be liable on conviction to suffer death.

Section 40

It says any person who, not being under allegiance to the United Republic, in the United Republic or elsewhere, commits any act or combination of acts which, if it were committed by a person who is under allegiance to the United Republic, would amount to the offence of treason under Section 39, shall be guilty of a felony and shall be liable on conviction to be sentenced to death.

Section 41

Any person who becomes an accessory after the fact to treason or treasonable felony; or knowing that any person intends to commit treason or treasonable felony, does not give information thereof with all reasonable despatch to an administrative officer or a magistrate, or a police officer, or uses other reasonable endeavours to prevent the commission of the offence, shall be guilty of the felony termed “misprision of treason” and shall be liable on conviction to imprisonment for life.

Section 42

This section says a person may be prosecuted for, and convicted of, an offence under Section 39, Section 40, or Section 41 notwithstanding that any intention, act, or omission constituting such an offence was formed, done, omitted to be done, or took place prior to the coming into operation of the Written Laws (Miscellaneous Amendments) Act, 1970.