Raphael Simchimba vs Republic (Criminal Appeal No. 35 of 1998) [1999] TZHC 228 (30 July 1999)

GwA IN THE HIGH COiJR1' OF TANZANIA AT MBYA .UIGH COUR CIMINAL APEAI, NO. 35 OF 199 8 (Original Criminal Case No. 26 of 1996 of The District Court of Mboz'i at Vwawa Hefora: L.S. Miambo Mrs. - District Magistrate) RPHAELSIMCHIMBA .0I0.4.S, APPELLANI 4 - •

• '' 'Vexsue THZ BE?IJBLIC . . .. . . , . .. . .. . . . . RESIONDENT JUDGMEW •, - . • ,. .. 0 . •, L C 4, j . - • 0 MOSHI,J. . The appellant, Raphael Simehiniba, pleaded guilty to the offence of Unlawful possession of firearm, contrary to Paragraph 20'of the First' Schedule to, and Seotion 59(2) of,the Zoncic.wsdOi'uized-ime.Control Act No. 13 of 1984, as amended by Acts No. 10 of 1989 and No. 3 of 1992, Tea together with Sections 13(1) and 31 (2) of the Arm and A mw-tttlon. 'Cdinance Cap. 223. ,. he district court of Mbozi convicted him as charged and handed down a sentence of Nine years imprisonment. The appellant felt aggrieved, hence this appeal which is unresisted by the Republic. The math ground of complaint in this appeal is that the district court lacked jurisdiction to try the case. The appellant thus contends, and the learned State Attorney for the Republic, Mr. Nangela, agrees with him. The offence was committed on 14.2.98. It involved a home-made muzzle gun (gobore). It would be recalled that section 65 of Act No. 9 of 1995 inadvertenUr deleted Paraga 20 of First Schedule to Act No. 13 of 1984, but Act No. 13 of 1997 assented-to on 11.12.9? reintx'uc-ed it am PaLWUh 19. So the offence charged was an economic offence and the relevant Paragraph of the First Schedule to Act No. 13 of 1984 was PaE a Ua ph In terms of sections 3(1) and 56(1) of Act No. 13 of 1984 an economic offence is triable ........... /2

-2- by the High Court as ax ecoflomic crimes Court. For a court subordinate to the High Court to acquire jurisdiction to try an.economic offence there must be a Certificate duly issued by the Director of Public Prosecutions in terms of section 12(3),(3A) and(4.) of Act No. 13 of 1984, swell as his Consent in terms of section 26(1) of the same Act. I. agree with the learned State Attorney that such Certificate and Consent were wanting in this case. So the trial court had acted without jurisdiction, and the trial was thus a nullity. I accordingly allow the appeal, quash and set aside the proceedings, the conviction and sentence, and hereby order the immediate release of the appellant, Rapbael•&inichimba, from prison unless otherwise lawfully held. B.P..MQSHI JUDGE.