Court name
High Court of Tanzania

Jumanne Ayubu vs Republic () [1987] TZHC 100 (01 February 1987);

Law report citations
1986 TLR 202 (TZHC)
Media neutral citation
[1987] TZHC 100

  B Chipeta, J.: On 8th January, 1987, I dismissed the applicant's application for bail pending trial.  I reserved my reasons for doing so, which I now give in this ruling.
The applicant stands charged before Tabora District Court in two counts, namely, threatening to kill and contempt of court, c/ss 89 (2) (a) and 114 (1) (c) of the Penal Code, respectively.  C
In refusing to admit him to bail, the learned magistrate took the view that bail in such cases was disallowed by the provisions of section 148(5)(e) of the Criminal Procedure Act, 1985.
  D During the hearing of this application, Mr. Mussa learned state attorney, objected to the application on the grounds that in his submission a threat to kill another person amounted to a serious threat of violence.
With respect, I entirely agree with Mr. Mussa.  As I have had occasion to point out in similar applications, I am of the view that "a serious threat of violence" should be construed to mean such threat of violence as would cause, in the mind  E of any reasonable person, a sense of imminent danger to his person or that of another person.  A threat to kill another is, in my view, a serious threat of violence.
  F The Act does not say in what manner the threat should be communicated or exhibited.  As the words stand, I think that they must be taken to mean a serious threat made by words or exhibited by some physical act.  In that sense, then, the words cast a very wide net, and I fear that they are likely to be abused by people with little conscience.  Such charges  G are very easily made, and not always easily proved.
Be that as it may, the charge in court is of a nature that was envisaged by the tough section 48 (5) (e) of the Criminal Procedure Act, 1985. H
It was for the foregoing reasons that I dismissed the application.
Application dismissed. I

A