Jacob has been behind bars since September 19, facing charges of publishing false information. Photo: Courtesy
By Adonis Byemelwa
Boniface Jacob, the former Mayor of Ubungo in Dar es Salaam, has secured bail after a ruling from the Kisutu Resident Magistrate’s Court dismissed objections from the prosecution regarding his release. Known as 'Boni Yai', Jacob met the bail conditions by presenting two local government sureties and signing a bond of seven million Tanzanian shillings. He is also prohibited from leaving the country without court approval.
The court’s decision, delivered by Senior Resident Magistrate Franco Kiswaga on October 7, 2024, highlighted that the evidence presented by the police, particularly from Regional Police Commander (RCO) Davis Msangi, lacked sufficient details to deny Jacob's bail.
Magistrate Kiswaga emphasized that the prosecution had failed to substantiate their claims against Jacob, who had asserted concerns about his safety and had not received any counter-evidence from the state. He stressed that denying bail would infringe on Jacob's constitutional rights.
Jacob, a member of the opposition party Chadema, is facing charges related to the dissemination of false information on social media. The allegations state that on September 12, 2024, he posted provocative claims on platform X (formerly Twitter), accusing a prominent individual, Mafwele, of involvement in a series of disappearances and murders.
Such incendiary statements are seen as attempts to incite public unrest, which could significantly elevate Jacob's profile within the opposition, especially as he navigates the challenges posed by the current political climate in Tanzania.
Despite being in detention and facing serious charges, Jacob recently emerged victorious in the election for Chairman of the Coastal Zone, securing 60 votes, or 77% of the total, while his closest competitor, Gervas Lyenda, garnered only 17 votes.
This triumph highlights his popularity and the unwavering support he enjoys among Chadema members, further solidifying his position as a key figure in the opposition. His ability to gain support while embroiled in legal battles resonates with many Tanzanians who perceive him as a political martyr fighting against an oppressive regime.
The developments surrounding Jacob also reflect broader issues regarding the treatment of opposition figures in Tanzania. The police force, often viewed as an arm of the ruling government, plays a crucial role in maintaining order, albeit through controversial methods.
Allegations of heavy-handedness and political bias in law enforcement are rampant, with many opposition leaders experiencing harassment, arbitrary arrests, and intimidation. Police operations frequently target dissenting voices, using laws that can be broadly interpreted to suppress freedom of expression.
Opposition figures like Jacob are often subjected to stringent scrutiny and surveillance, making it challenging for them to organize and campaign effectively. While the law ostensibly upholds rights and freedoms, the implementation is often skewed, reflecting the government's tight grip on political discourse.
As Jacob navigates these tumultuous waters, his resilience and ability to galvanize support may serve as a rallying point for the opposition, highlighting the struggle for democratic rights in Tanzania.
The country has seen a worrying increase in cases of enforced disappearances, with many individuals, especially political activists, being taken by unidentified individuals, sometimes in broad daylight.
TLS, in August 2024, released a list of 83 citizens who had disappeared under suspicious circumstances, a number that has since risen to 84. These disappearances have raised fears of a coordinated effort by state or non-state actors to silence dissent and stifle opposition.
The event also featured a discussion on international legal frameworks that could be leveraged to address the issue. Retired Judge Robert Makaramba provided a comprehensive analysis of Tanzania's position in the international legal landscape regarding enforced disappearances.
"Tanzania has yet to ratify key international conventions that could significantly curb this issue," Makaramba said. He referenced the Rome Statute's Section 7(2), which defines enforced disappearance as an international crime.
Eighteen out of 54 African nations have ratified the convention addressing enforced disappearances, yet Tanzania remains stagnant. This legal inertia, as Judge Makaramba highlighted, has fostered a culture of impunity, making it increasingly difficult for victims' families to pursue justice.
Makaramba did not hold back in criticizing the government's lack of political will to tackle these grave issues, stating, "The biggest obstacle in resolving these cases is the absence of political will. Enforced disappearances are tied to the state’s apparatus, and without the government’s commitment, we will see no progress."
This is where voices like Boniface Jacob's shine brightly. Jacob has been a fervent critic of enforced disappearances, bravely speaking out against the injustices that plague Tanzanian society.
As a prominent opposition figure, his commitment to justice stands in stark contrast to the government's evasiveness. He embodies the courage needed to confront these issues head-on, making him a beacon of hope for those who have suffered in silence.
However, with great courage comes great risk. Jacob must prioritize the safety of his family and himself, ensuring that his vocal stance against state-sanctioned injustices does not expose them to harm.
The government’s hostility toward dissenting voices necessitates a strategic approach to safeguarding their well-being while he continues his advocacy. Engaging with local and international human rights organizations could provide vital support, not only for his family’s security but also in amplifying his message against enforced disappearances.
Judge Makaramba’s sharp critique of the government’s “ostrich doctrine”—a refusal to confront the glaring issues of disappearances—underlines the urgency of Jacob's role in this struggle. Tanzania cannot afford to be grouped with nations embroiled in civil unrest, such as Algeria and Ethiopia. "What does that say about the state of our nation?" Makaramba questioned, highlighting a dire situation that demands immediate action.
As Boniface Jacob takes on this mantle, the need for collective action and solidarity among citizens has never been more critical. It’s not just about one man’s fight; it’s about igniting a movement that holds the government accountable for its actions.
The cries for justice cannot be muffled; the stories of the disappeared must be brought to light. Jacob’s voice, combined with the courage of the people, can challenge the status quo and push for a government that truly serves its citizens. The stakes are high, but so is the potential for change.