Fundikira s/o Mbela Zenga vs Republic (Criminal Appeal No. 101 of 1998) [1999] TZHC 448 (9 August 1999)

IN TEE HIGH COURT OF TANZANIA AT MBEY,\ CRnimAL APPEAL NO. 101, OF 1998 (Original Criminal C:1Se Noo 14Lf of 1998 of the District Court of Chunya District.at Chunya Before: N.M .. Ierero - Senior District Magistrate) FUNDIKIRi. S/0 MBEL,l ZJ£1'1Gi-'i. • • • • • • • • • 1\FPELLi-lNT Versus THE REPUBLIC O O O 0 :i O · 0 0 ~ 0 'a I.\ a O C O O O ,<t ~ O O RESPONDENT JUOOMENT This appeal fa against sentenceo Before tbe district court "of . Nbeya, the appellant, Fundikira s/o rv;qela Zenga, pleaded guilty, to and he was convicted. of, Being in unlawful possession of a firearm, contrary to section 13 and 31 of the ii.I'ms and Ii.mmunitiqn Ord.ina.nc.e Cap. 223 as amended by ict No .. 2 of 1991 o He was sentenced to seven years imprisonment which aggrieved him, hence this appealh The learned state attorney who appeared. before me, Mr Mulokozi,- " submitted that the proceedings before the trial court were a nullity, and I respectfully agree with him. The offence v.1as committed on 23b 10098 . ' : . -. ~ ~ .. and it involved a home-made. muzzle gun (go.bore) .r It would be. rece.lled • . I • • that section 65 of ,ct Noo 9 of 1995. inadverently deleted Paragraph 20 of the First .Schedule to the Economic and Organized Controi i(ct rfo. 13 ._ I f, ''" . of 1984, but ;,ct Nao 31 of 1997 assented to on 11 .. 12.,97 reintroduced it .ct No. 31 of 1997 came· :into operation on 12,1297 '. (GN No. 50/97). · So the offence charged was an ec·onomie .;offe'i-icie c:nd the relevant provisions of the law are Paragraph 19 of the First Schedule to, and section 59(2) of, ,.ct No. 13 of 1984, as amended by ,icts No. 10 of 1989 and No. 3 of 1992, read together with sections 13(1) and 31(2) of Cap. 223. In terms of sec'tions 3(1) and 56(1) of ,:,ct No. 13 of 1984 an /2

• 2 - economic offence is triable by the High Court as 2.:'.1 eco1:.::-:.· ·:i..::._, Court. For a court subordinate to the High Csc1rt to (:\r,··1.1:, •·'J to try economic offence there must be a Certificate duly j_,,,....-">'.. '· Director of Public Prosecutions in terms of section 12(3): '. .... ' r' -'. of Act No. 13 of 1984, as well as his Consent in terms c: of the same Act. I agree with the le"lI'ned [;·ate ittorney J ....... L-. . • • was devoid of such Certificate and Consent. So t~-ie- trie.l cou:c-': ., in want of jurisdiction and the trial was tJ~.,,s a r..ullityo the con_viction and the sentence, and b.creb~· "':'er the immed.iate r·J "- -.8 of the appellant from prison. AT MBEYA. 9 August 1999. For Appellant: Present in perso 1 1- For Republic: t-'ir. Mi,lokozi, S.,A,