S.M. Z versus Machano Khamis Ali and 17 Others

S.M. Z versus Machano Khamis Ali and 17 Others; Criminal Application No 8 of 2000:  Court of Appeal of Tanzania at Zanzibar (Unreported).

  • Criminal Law
  • Treason – whether or not treason can be committed against the Revolutionary Government of Zanzibar.
  • Treason – what are the elements of offence?

Held:-

(i) The following four matters should be proved in an indictment for treason

       (a) One, an act has been committed;

       (b) The act is treasonable,

       (c) The act is against a sovereign or a state;

       (d) The act was done by a person who owes allegiance to the sovereign or the state.

(ii) Treason can only be committed against a sovereign.  However, treason is a breach of security which in the United Republic is a Union matter therefore; the sovereign is the United Republic and not the Revolutionary Government of Zanzibar as the Head of the Executive of Tanzania Zanzibar who is also called the President of Zanzibar.

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