ROBERT MICHAEL
JF-Expert Member
- Oct 23, 2012
- 5,054
- 2,858
Kitu cha kwanza ni ku-establish kosa alilotenda. Diamond kavunja sheria ipi kwa kuvaa yale mavazi? National Defense Act 1967 inasema kuwa
99.-(1) Every person who without lawful authority, the proof of which lies on him (a) wears a uniform of the Defence Forces or any other uniform that is so, similar to the uniform of any of the Defence Forces that it is likely to be mistaken therefor is guilty of an offence and is liable on conviction to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
Kama alivaa hayo mavazi bila kuhusiwa kisheria basi atakuwa amevunja hiyo sheria. Hata hivyo, hakuna sheria isiyokuwa na exception kwa sababu:
(2) Nothing in this section shall prohibit (b) the wearing of such uniforms or things as are mentioned in paragraphs (a) of subsection (1) of this section for purposes of a theatrical performance.
Kwa hiyo, suala hapa ni was Diamond performing an activity which could be regarded as "theatrical performance"? If the answer is yes, then he will fall within the exception and, hence, not liable. If not, he will not fall within the exception and, thus, liable.
But the crucial issue is what is a theatrical performance? Sheria husika haijatoa maana ya "theatrical performance".
Mkuu EMT huyo mtu by law hazijui hatakuja kujua hizo Act zenu na section zake.