Statement of Charges Against Rugemeleza Nshala and Tundu Lissu

The charges against Rugemeleza Nshala are as follows:

THIRD COUNT FOR THE SECOND ACCUSED -- STATEMENT OF OFFENCE PUBLISHING WORDS WITH A SEDITIOUS INTENTION:

Contrary to Section 31(1)(a) and 32(1)(c)of the Newspapers Act No.3 of 1976 PARTICULARS OF OFFENCE RUGEMELEZA NSHALLA on or about the 5th day of November, 2001 at Mazingira House Mikocheni Area within the District of Kinondoni in Dar es Salaam Region did publish with intention to bring into contempt or to excite disaffection against the lawful authority of the Republic or Government thereof a seditious publication to wit; in a letter to the Director of Criminal Investigations he published the following words "DESPITE THE HIGH COURT ORDER KMCL AIDED BY THE POLICE DID ON THE 4-5TH AUGUST, 1996 BACKFILL THE MINING PITS WHILE KNOWING THAT THERE WERE PEOPLE INSIDE THOSE PITS. AS A RESULT ABOUT 65 PEOPLE WERE BURIED ALIVE IN THOSE PITS".

The charges against Tundu Lissu are as follows:

FOURTH COUNT (FOR THE THIRD ACCUSED) -- UTTERING WORDS WITH SEDITIOUS INTENTION:

Contrary to Section 31(1)(a) and 32(1)(b) of the Newspapers Act No.3 of 1976 PARTICULARS OF OFFENCE TUNDU ANTIPHAS LISSU on or about the 19th day of November 2001 at Ukumbi wa Maelezo, within the District of Ilala in Dar es Salaam Region with intention to bring into contempt or to excite disaffection against the lawful authority of the United Republic or the Government thereof did utter the following words "...Mradi wa Bulyanhulu kwa miaka mitano iliyopita umegubikwa na tuhuma nzito za mauaji makubwa ya wachimbaji wadogo wadogo uliofanywa na Jeshi la Polisi, Serikali na Makampuni ya Canada na tuna ushahidi mzito ambao umepatikana wa watu waliofukiwa ...kuna picha zinazoonyesha maiti zinatolewa kwenye mashimo na watu wanaliwa na mbwa".

The translation of the kiswahili words is: "the Bulyanhulu Project is shrouded with serious allegations of the killings of small scale miners that were committed by the Police Force, Government and Canadian Companies ...There are pictures showing the removal of the bodies from the pits and people(dead)being eaten by dogs".