Raphael Simchimba vs Republic (HC Criminal Appeal No 35 of 1998) [1999] TZHC 342 (30 July 1999)

I,.:., j - · •. ..:.. ~ ·""·- --- !1_0SHI 2 J. • l I_.. I IN THE HIGH COURI' OF 'l'ANZANIA AT MBEYA (Original. Criminal.case No. 26 9f 1998 of The District Court of Mbozi at Vwawa Before: L.S •. Mtambo Mrs. - District Magistrat~) . . . . . . . ' .. t , \ \ ~. . " ' . RAPHAEL SIMCHIMBA APPELLANT . ( : ...... Versus THE .REPUBLIC • • • • •. • • o o • • • • • o • Rn>l?ONDENT . ·1 · JUDGMENT : .) '. The appellant, Raphael Simchim'ba., pleaded guilty to the offence of Unlawful possession of firearm, contrary to Paragraph 20 of the First Schedule to, and Section 59(2) of, the Economic an.d aed ~ C.oatrol Act No. 13 of 1984, as amended by Acts No. 10 of 1989 and No.} of 1992 J'e.a4 together with Sections 13(1) .and 31 (2) of the Arms and .Ammunition Ordinance . Cap. 223. 'j The district court··-o"t·'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 main 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., agre'es 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 inadvertent).y . .. . •. ,. -~~; · ·-, deleted ParafSrap5 20 of First Schedule to Act No. 13 of 1984, • i but Act No. 13 of 1997 assented to on 11.12.97 reintroduced it as Paragraph 19. So the offence charged was an economic offence and the relevant Paragraph of the First Schedule to Act No. 13 of 1984 was ~~graph_ 12_. In terms of sections 3(1) and 56(1) of Aet No. 13 of 1984 an economic offence is triable • ••••••••••• /2

• 2 - by the High Court as an economic 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; ~ well as his Consent in terms of section 26( 1) of the arne Act. I agree with the learned State Attorney that such Certificate and Consent :wer.e wan.ting 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, Raphael Simchimba, from prison unless otherwise lawfully held· • AT MBEYA. 30 July 1999• For Appellant: Absent. For Republic: Mr. Boniface, S.A. :---, I / . -·~ l. : - .

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:_ ___ ___, B.P. MOSHI JUDGE. .,·