Arusha
Regional Commissioner Paul Makonda (left) and THBUB Chairman Retired Justice
Mathew Mwaimu (right). Photo: Courtesy
By
Adonis Byemelwa
In a landmark ruling, the Human
Rights and Good Governance Commission (THBUB) has found Arusha Regional
Commissioner Paul Makonda guilty of gross abuse of power. Makonda unlawfully
ordered the arrest and 96-hour detention of a civilian without charges, a
blatant disregard for legal protocols.
This
verdict was announced yesterday 19, 2024, in Dodoma by THBUB Chairman
Retired Justice Mathew Mwaimu. Despite being summoned to defend himself,
Makonda refused to appear before the commission, demonstrating a troubling
contempt for accountability.
Despite
being summoned, Makonda refused to appear before the commission to defend
himself, THBUB Chairman Retired Justice Mathew Mwaimu said today in Dodoma. He
was delivering the commission’s findings on human rights and governance
violations for 2022/23.
Justice
Mwaimu reported that from July 1, 2023, to May 30, 2024, the commission
received 135 new complaints, bringing the total number of complaints addressed
that year to 1,020. During this period, the commission concluded investigations
into 236 complaints, with 784 cases still under investigation.
The
commission found that Makonda unlawfully ordered the arrest of an unnamed
Arusha resident. The arrest did not adhere to the legal protocols and the
accused was not involved in the primary allegations Makonda cited.
“The
commission found that the regional commissioner exceeded his authority by
handling a matter that should have followed a judicial process. Even if there
were indications of criminal behavior, the correct procedure would have been to
instruct the police to take appropriate action as per the law,” stated Justice
Mwaimu.
He
urged public officials to adhere to the laws, regulations, and procedures of
the country and avoid taking the law into their own hands. Justice Mwaimu
emphasized the violation of the suspect’s rights, noting the 96-hour detention
without charges as illegal.
“Despite
being called to defend himself before the commission, the regional commissioner
(Makonda) refused to appear. However, this did not prevent the commission from
performing its duties. It is our protocol to offer a fair hearing, but
non-compliance does not halt our investigations,” added Justice Mwaimu.
Efforts
by Mwananchi to reach Makonda on his mobile phone for comment were
unsuccessful. In the 2022/23 period, the commission received 1,524 complaints
and concluded 789, leaving 885 cases continuing into the new fiscal year
starting July 1, 2023.
In
another case, the commission investigated allegations against Babati MP (CCM)
Pauline Gekul, accused of cruelty and harassment towards two former employees.
The claims included inserting bottles into their rectums to extract confessions
about poisoning Gekul’s food and placing witchcraft items in her hotel, Paleii
Lake View.
After
a thorough investigation, the commission found no evidence to substantiate
these allegations. However, the commission did find that the complainants were
detained for an extended period while being interrogated by Gekul, thus
violating their right to freedom.
"Although
we did not find sufficient evidence to support the allegations against Pauline
Gekul, the prolonged detention of the complainants was a clear violation of
their rights," concluded Justice Mwaimu.