Josephmasangula
Member
- Sep 12, 2021
- 6
- 2
SUFFERINGS TANZANIANS FACE DUE TO IGNORANCE OF THE LAWS.
Written by Joseph
The latin maxim “ignorantia iuris nocet” which means Not knowing the law is harmful
Tanzanians have been stagnant in reading various written materials as well as to learn new things, this has led many of them especially the majority who do not possess a knowledge about law to face various problems in their day-to-day life. Many of them does not even have a chance and time to read important books like the Constitution of the country and if you ask them why some of them will answer like “life is tough we cannot bother reading things that cannot bring us food” others “do you think I have any power to change anything even if I will read” and others especially those who seat at 'Vijiweni' they don't even want to hear anything about written materials. This tendency has made many Tanzanians unaware of their rights and make them experience tortures, humiliation and pains.
I remember to have visited in my local town and I had a chance to visit one of the bodaboda parking place “kijiwe cha bodaboda” and I heard them talking about how police officers treat people in-case of an arrest, many of them seemed to be unaware of various rights and procedures as do not even know their constitutional rights and almost all of them supported negative views given by those who seemed to be kings of talking in that area, they said it is better to accept beatings and tortures when arrested by police officers otherwise one will end up being tortured more and more when he reaches the police station. It was a long day as I had to listen without contributing anything and I ended up smiling. The day was over and on the next day I planned to there again so I can at least contribute and share something I have....
My plan was to go and make them understand various rights they possess which are found in our constitution but also other rights found in different statutes....as I started to explain to them, ,many of them refused to listen by saying words like “ hey young man don't waste our time on useless things” others ended up on insulting me, others said “don't be much know and don't ever think you know law than us” and others wanted to beat me by saying “your education is nothing young man don't ever think you know much than us we were born early than you” finally I decided to leave the place because it is hard to start telling people things they believe never exist and can never happen...…
On the other day I decided to go again but something unexpected occurred as we were sitting making stories two police officers came to arrest one of the motorcycle driver who has been suspected to have committed an offence and police officers without even following the procedures of identifying themselves, showing the arrest warrant, explaining the offence the driver is suspected as well as in which police station they are coming from wanted to arrest the man by using force and that is where I interfered and start questioning the policemen about the procedures, after having long arguments and conversation with the policemen they finally agreed to arrest the man by following procedures and in a peaceful way as the suspect showed no sign of resisting that would make them using reasonable force to arrest....thereafter I became as a hero in that “kijiwe” as each bodaboda driver came to agree that they really need to know their rights and various procedures and that is where I had to explain to them on various issues as follows;
Presumption of innocence; this is the right of every individual and it is provided by the constitution of the United Republic of Tanzania under article 13(6) (b) which says,
No person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence”
This is the right that mostly violated by law enforcers especially police officers when arresting a person, it has to be taken into consideration that a person is “Innocent until proved guilty”. This is very important right but unknown to most of Tanzanians as they accept and take as normal various practices done by police officers such as illegal arrests, beatings during arrest, insults, tortures, and other kind of inhuman actions done by some police officers.
Other important rights of an accused person in Tanzania include but unkowns to many people include;
Right to be informed of the grounds of arrest
Right to be arrested without reasonable force if one accepts the arrest
Right to bail for bailable offences
Right to legal representation
Right to be heard
Right to be taken to court after restrains
Right to protection of their dignity
Right to medical treatment, advice or assistance in respect of illness or injury
Upon request by a person who is under restraint, has a right to communicate with a lawyer, relative or friend of his/her choice
The question remain who is to blamed here? In my opinion there is no one to be blamed as It is the responsibility of the people with knowledge about law, organizations, and the government to educate the public especially people like those found in streets without the knowledge of law about these rights because majority Tanzanians cannot afford hiring advocates who can speak and claim these rights on their behalf once infringed.
Thank you. Let's take part in educating the public.
Upvote
1