Kubenea has case to answer, court declares

04Mar 2016
Karama Kenyunko
The Guardian
Kubenea has case to answer, court declares

THE Kisutu Resident Magistrate's Court in Dar es Salaam yesterday decided that Ubungo Member of Parliament Saed Kubenea, who is facing charges of using abusive language, has a case to answer.

Saed Kubenea (l) at Kisutu Resident Magistrate's Court in Dar es Salaam

The ruling was delivered by Principal Resident Magistrate Thomas Simba.

Reading out the ruling, Magistrate Simba said that after going through testimonies delivered by prosecution through their four witnesses, the court was satisfied that the accused has a case to answer.

Kubenea, through his advocate Peter Kibatala, claimed before the court that they intended to call four witnesses including the accused himself.

Kibatala claimed before the court that all the defence witnesses will appear at the court on the hearing date and that they would testify on the case.

As a result, Magistrate Simba postponed the case to March 7, this year, when the accused would start his defence testimony.

In the case, Kubenea is accused of abusing Kinondoni District Commissioner Paul Makonda. He is alleged to have told the DC: “Wewe kibaka, mpumbavu, mjinga na cheo chenyewe cha kupewa tu,” literally meaning: “You are a pick pocket, stupid, ignorant and your appointment as DC was given to you as a favour.”

The prosecution led by State Attorney Credo Rugaju claimed before resident Magistrate Thomas Simba during the hearing on Wednesday that they did not intend to call other witnesses, and that they were willing to drop the case.

After listening to the prosecution, Magistrate Simba said he would give a ruling on March 3 if the accused has a case to answer or not.

In the case, the prosecution called three witnesses including the DC, who was the first to testify against the accused.

During the hearing, the DC told the court that he did not expect to hear insulting words from a person of a high rank such as Kubenea.

According to the charge sheet, it is alleged that the MP committed the offence on December 14, this year, at TOOKU Garments Company Limited factory in Mabibo External, Kinondoni District in Dar es Salaam.

Specifically, Kubenea is alleged to have used abusive language against the DC in a manner claimed to have caused a breach of the peace.

Police did not hesitate to arrest the fiery journalist in connection with the offence after this exchange of words with the DC.

It is said that the MP had reportedly gone to talk to the workers and their employers over a dispute concerning payments.

But Makonda, who has recently been in the public limelight, arrived at the scene later where after holding discussions with the workers and the management, he allegedly played it rough by closing the meeting without giving Kubenea- the MP- an opportunity to speak to what he refered to as “my electorate, who had called me here.”