Bongo Movie star Kajala Masanja yesterday appeared in the Kisutu Resident Magistrate Court in Dar es Salaam charged with conspiracy, transfer proceeds of corruption and money laundering.
The accused is charged together with her husband Faraja Chambo who was not in court because he is in the custody for another case.
Reading the charge sheet, prosecution led by prosecutor from the Prevention and Combating of Corruption Bureau (PCCB), Leonard Swai, claimed to the court that in April 2010 the accused being the husband and wife respectively conspired to commit an offence of transfer of the proceeds of corruption (selling a house situated at Kunduchi Salasala in Kinondoni Municipality) in contravention of the provisions of section 34 of PCCB Act 2007.
On the second count it was alleged that on April 14, 2010 the accused having been served with a notice under section 34(2), and 3 of the PCCB Act 2007 in contravening of the said notice, transferred the ownership of the said house.
Further it was alleged that on the same date and place the accused transferred the said house while they knew or ought to have known that the said house was the proceeds of corrupt practice for purposes of concealing origin of the property.
Before the adjournment of the case defence counsel Alex Mgongolwa told the court that prosecution from PCCB does not have a power to hear the money laundering offence.
Mgongolwa added that the charge sheet does not disclose tends of the offence.
“It talks about transfer of ownership of house but do not specify that the transfer is from which person to which persons to enable the accused persons to know what exactly the allegation is,” he said.
He told the Magistrate to refuse the charge sheet and because the law wants the court to record the reason of refusing, he told the court to record the charge which is not disclosed.
On his response, Swai said: “We have the power to pursue this case but we must have the permission from Director of Public Prosecution (DPP).”
He added that the DPP pointed the prosecution from PCCB who can pursue the case which is not a corruption one.
The case was adjourned until March 20, this year when it comes up for ruling.