The fate of MwanaHalisi newspaper at a cross roads

It is not yet clear whether or not the Dar es Salaam based Hali Halisi Publishers would appeal in connection with the ban almost three months ago of its popular weekly investigative tabloid MwanaHalisi newspaper. In view of this situation, readers of the newspaper will continue to wait for unknown time frame unless the government lifts a ban a situation described by critics as the denial of their rights to be informed. The company’s management is still in dilemma whether or not to appeal although the circumstances show they were not accused of any malicious allegations of seditious before a court of law for any damages caused by their publication. MwanaHalisi newspaper Chief Editor Saed Kubenea early this week said that as long as they hadn’t been accused of any malpractice he is unable to act in regard to preparing an appeal. Prime Minister Mizengo Pinda, reacting to the public criticism over government’s action to ban for the newspaper, announced that the publishers could appeal if they were not satisfied by the decision. He made his concern during the Parliamentary debate sessions in Dodoma recently. Meanwhile, a Dar es Salaam-based private lawyer Charles Mkude said the Hali Halisi Company can open a claim file for a judicial review or a constitutional petition for the matter of appeal as this is accepted by the court for appeal. Mkude, chairman of an association which stands to defend the rights of the people and professionalism in the country known as Tanzania International Fellowship Programme Association (TIFPA), noted that the appeal over the issue was possible though the process could be long and time wasteful. He was contacted for comments by this paper with a view over various judicial procedures that if followed would enable the Hali Halisi company to process an appeal over the matter and get a final solution. About a month ago, human rights activists threatened to launch countrywide demonstration to blacklist officials who banned the MwanaHalisi newspaper, if the ban was not revised within seven days it had issued and which has already elapsed.  

The editor of MwanaHalisi newspaper Mr. Saed Kubenea holding his two Swahili published tabloid newspapers with the latest issue that carried the headline "Aliyemteka Ulimboka Huyu hapa" meaning that, a person who abducted Ulimboka is here. The issue sparked a hot debade in parliament after its publication whose contents had angered the government which later decided to suspend the newpaper on 30th July 2012 untill furrher notice. The details in the story vividly showed how the government is directly involved in the abduction of the Chairman of Medical Association of Tanzania Dr. Steven Ulimboka.

  

The activists who gathered at MISA-Tan under the umbrella of the Tanzania Human Right Defenders Coalition (THRDC) issued the warning amid reports that the government had planned to make sure the newspaper is not published again. The chairman of THRDC steering committee Marcossy Albanie faulted the Premier’s justification of the government action saying that if the owners of MwanaHalisi newspaper were not satisfied by the government’s move, they have a right to appeal.  Another Dar es Salaam lawyer who spoke on condition of anonymity said the government was not honest as it knows well it was impossible to appeal on the fact that, the newspaper Act that the Minister used to ban the newspaper has empowered him to do so. Otherwise according to him, the Act should be removed to pave the way for contravention for any further appeal in court. “Unless the law is reviewed  it’s impossible to take the matter to court, moreover this is like a detention Act which should only be left for the minister to decide again either to revert the decision,” he said adding that, to make an appeal under this circumstances would be impossible unless the law governing newspaper Act of 1976 is reviewed. Cornered by this reporter, the Minister for Information, Youths culture and sports, Dr Fenella Ephraim Mukangara declined to say anything on MwanaHalisi newspaper. “As for this issue, I am sorry, call me again as I am in a meeting,” she said and switched off her mobile phone. Efforts to reach her have become impossible as her mobile phone was unreachable throughout the day. The government banned MwanaHalisi newspaper on July 30^h this year, accusing it for publishing seditious materials. The decision came after it had acted in line with the clause 25 (1) of the newspaper Act of 1976 that empowers the Minister for Information to suspend any publication. This is the second time the government bans the newspaper. In mid 2007 the Minister for Information by then Ramadhan Omar Mapuri ordered the suspension of the same newspaper which lasted for three months.