Diasporans Pressurize Police to Release Ports Case Protesters

By Mutayoba Arbogast

Mass demonstration by Tanzanian nationals at the country's embassy in Washington DC, United States of America, on Friday 18th of August, 2023, intensified pressure for the release of retired diplomat Wilibrod Slaa, Boniface Mwabukusi and Mdude Maluka Nyagali, who were held by the law enforcement agency, since days.

Diasporans kindled behind the law enforcers, with the act resulting into the release on same day of the dissidents of Tanzanian origin accused of treason, back home. Critics lashed Tanzania's Police Inspector General Camillus Wambura for holding the country in ransom with an inflammatory statement credited to him that "the detained persons had no such power to oust the government."

Their release comes alongside a communique issued by the Tanzania Episcopal Conference (TEC), stating it is not in support of the deployment of a single investor at the country's ever-busy DaresSalaam port; rather, multiple investors should be sourced domestically.

The clergymen are of the conviction that Tanzanians themselves possess the ability to invest in developing the port. TEC in the signed communique said the group was pricked by a conscience aimed at protecting Tanzania's national resources, solidarity, and national unity.

However, the High Court ruled that the Intergovernmental Agreement (IGA) between Tanzania and the Emirate of Dubai did not violate any constitutional provisions.

In the ruling, which also offers petitioners the room for appeal, the three-judge bench solidly ruled that the petition by four Tanzanians held no water and that, in any case, it was the Parliament, not the court of law, that had the constitutional mandate to annul any IGA entered into by the government and a third party.

The ruling means that the Tanzania Ports Authority (TPA) could proceed with its planned agreement with DP World for the planned investment at some berths of the Dar Port.

The arrest 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 destabilizing the government ahead of the 2025 General Election. IGP Wambura cautioned that the police had initiated surveillance on their activities.

According to Tanzania’s laws, section 39(1)(a) and (b) of the Penal Code, Cap. 16, as revised in 2022: "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."

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 affected, or forms an intention to instigate, persuade, counsel, or advise any person or group of persons to effect or cause to be affected, any of the following acts, deeds, or purposes" amounts to treason.

"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.

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" also commited treason.

Regardless, the diasporan Tanzanians walked the talk which propelled pressure for the release of the trio. In a video clip that went viral on social media platforms, the Washington DC demonstrators berated the government’s crackdown on dissents, saying it was unlawful and inhuman, adding that it was time a new constitution was given space to salvage the country from such mess.

“We have no weapons to harm anyone but have concerns to be registered. Tanzania needs a new constitution. Tulia Ackson (The Speaker of the National Assemblya) must go.  Albert Chalamila (DaresSalaam Regional Commissioner) must go. Nape Nnauye (Minister of Communication and Information Technology) must go. A new constitution should be instituted,” said one of the demonstrators amidst applause.

Clad in black T-shirts printed in white inscriptions condemning arbitrary arrests of dissidents, the Tanzanian diasporan demonstrators noted that the Tanzania-Dubai pact was nothing but a new form of exploitation that infringes the tenets of sovereignty.

“No to DP World. Our ports is our heritage. We are at a crossroads. Our nation lacks basic social amenities. We want dissidents released unconditionally. The trio have been held in jail over opposing the dubious contact. The country has now been turned into a banana republic. We should say no to DP World. We must say no to CCM,  the wicked must go. Kitila Mkumbo must go,” said one of the demonstrators, adding that any harm to any of the held dissidents should be equated to maltreatment on those seeking justice in the country.

In what might be considered as trigger, the government expedite action by releasing the accused critics, following few hours of pressure from the diaspora and human rights groups. They released retired diplomat Wilbroad Slaa, Boniface Mwabukusi and Mpaluka Nyagali, who had been arrested over allegations of incitement.

Tanzania's Minister for Information, Nape Nnauye said the three individuals were arrested by the police for making specific public threats of a serious criminal nature, which included calling for the violent overthrow of the incumbent government. He said the arrested suspects, who publicly sought to incite citizens to bear arms against the Tanzania Police Force, were apprehended to send a strong message in order to deter any prospective offenders from committing similar criminal offense.

Nnauye's statements stirred controversy in the public domain after separate claims by the DaresSalaam Regional Commissioner, Albert Chalamila, that those who opposed the DP World contract were already in jail.

"All those who mislead the public are already in detention. I have told them to do whatever they want to do, but I will deal with each of them,” said Chalamila who further warned “Dar es Salaam is not a place for violence,” referring to organizers of the city's Ferry Market rally.

On June 10, this year, the Tanzanian Parliament endorsed the IGA, paving way for the establishment of cooperation contracts in the development of port areas across the country. Shortly after endorsement by the Parliament, the minister of Works and Transport, Makame Mbarawa, alongside experts held a meeting with religious leaders to field them on the agreement as well as clarify contentious issues.

The minister of Planning and Investment, Kitila Mkumbo also addressed rallies in different parts of the country to give clarifications about elements constituting the agreement. Against such clarifications by various government authorities, Tanzania's opposition party, Chadema, was not in support of the the agreement, holding different rallies, while expounding its position on the Intergovernmental Agreement elements, with claims that the agreement will inadvertently pave way for the United Arab Emirates (UAE) owned logistics company, DP World, to manage and control all the ports in Tanzania in partnership with the government, as ratified by the Tanzanian Parliament, last June.

Editing by Nigerian based Adedayo Osho; article curated by Tanzanian based Mutayoba Arbogast