Massanja Maliasanga Masunga & Others vs Republic (Criminal Appeal No. 328 of 2021) [2023] TZCA 17780 (26 October 2023)

The case involved three appellants, Masanja Maliasanga Masunga, Lusasu Mpemba @ Zengo, and Igembe Mayunga Masano, who were charged with leading organised crime, unlawful dealing in Government trophy, unlawful possession of weapons in certain circumstances, and unlawful possession of firearms under the Economic and Organized Crime Control Act (EOCCA), the Wildlife Conservation Act, 2009 (WCA), and the Firearms and Ammunition Control Act, 2015 (FACA). They were acquitted of some charges but convicted for unlawful possession of firearms.

The appeal raised several issues: the trial court's failure to consider the appellants' defences, the improper receipt of a trophy valuation certificate as evidence, the credibility of a prosecution witness (PW8), the lack of legal representation for the appellants during the trial, and the assertion that the charges were not proven beyond reasonable doubt.

The court dismissed the complaints about the trial court not considering the appellants' defences and the improper receipt of a trophy valuation certificate. It found that the first appellate court had considered the defences and that the certificate did not affect the first appellant's conviction for unlawful possession of firearms.

The court found PW8 to be a competent witness, despite his evidence not being relied upon by the trial court for the appellants' conviction. The court also dismissed the complaint about the lack of legal representation, stating that the offences charged do not attract automatic provision for legal representation and there was no evidence that the appellants requested it.

The court agreed that the charges against the appellants were proven beyond reasonable doubt, noting that the firearms were tendered in court as exhibits without any objection from the appellants. The appeal was dismissed in its entirety.