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.