Tanzanian Artist Shadrack Chaula Starts Prison Term, Appeal Fundraiser Ongoing

By Adonis Byemelwa

Dar es Salaam. Shadrack Chaula, a 24-year-old artist, has commenced his two-year prison term after being unable to pay a Sh5 million fine, following his conviction for disseminating false information via TikTok.

The sentencing took place on Thursday, July 4, 2024, at the Rungwe District Court in Mbeya Region, presided over by District Court Judge Shamla Sheghailo. Chaula had previously been apprehended for allegedly burning an image of President Samia Suluhu Hassan.

Chaula's legal representative, Michael Mwangasa, confirmed that they are in the process of appealing the court's decision and are actively collecting funds to settle the fine. Efforts to raise funds through social media platforms have already garnered more than Sh2 million, although Sh5 million is required for Chaula's release.

Speaking to Pan African Visions Mwangasa stated, "We are taking various steps, including obtaining court documents and the case proceedings from the Rungwe District Court, in order to file an appeal at the Mbeya High Court. We are liaising with other stakeholders to raise the necessary funds to secure his release pending the appeal process, to set the record straight."

Regarding Chaula's admission of guilt, Mwangasa emphasized the legal process required to eliminate coercion claims, stating, "There is a legal procedure that must be followed to ensure that an admission of guilt was not made under duress but voluntarily." He echoed sentiments with Lawyer Michael Lugina in defending Chaula, as directed by Lawyer Peter Kibatala, emphasizing the importance of providing legal aid to the young artist.

Kibatala, the lead counsel in Chaula's case, affirmed their commitment to pursuing legal avenues to appeal the verdict, noting, "Even though a person admits guilt, the law allows for an appeal to challenge the sentence imposed, including legal remedies if due process rights, such as the right to be heard and the right to representation, were violated."

Human rights activist Godlisten Malisa has also initiated fundraising efforts through his social media platforms, collaborating with James Mbowe. They have communicated with Chaula's father, Yusuph Chaula, who expressed surprise at his son's predicament and acknowledged the need for community support.

The incident leading to Chaula's conviction occurred on June 30, 2024, in Ntokela Village, Rungwe District, Mbeya Region, where he allegedly posted a video showing himself burning an image of President Samia Suluhu Hassan, accompanied by disparaging remarks. Following this event, Mbeya Regional Commissioner Juma Homera instructed the police to locate and prosecute Chaula.

"On seeing a video of a resident of Rungwe District criticizing President Samia, I, as the regional commissioner, am dissatisfied with this behavior. It is not the tradition of Mbeya residents to criticize our national leaders; let them do their job of serving us to bring significant changes to society," Homera stated.

In response to Homera's directive, on July 2, 2024, Regional Police Commander Benjamin Kuzaga announced Chaula's arrest on charges related to defaming President Samia through the burning of her image. Subsequently, on July 4, 2024, Government Prosecutor Rosemary Mgenije, with assistance from Lawyer Veronica Mtafya, formally charged Chaula.

During sentencing, the prosecution, while acknowledging no prior record of offenses, urged the court to impose a severe penalty on the defendant as a deterrent to others who might disrespect the country's president. However, Chaula remained silent when allowed to defend himself.

In delivering the verdict, Judge Shehagiro pronounced, "I sentence him to pay a fine of Sh5 million or serve a two-year prison term." By the end of the court session, Chaula had not paid the fine, resulting in his immediate incarceration.

The ongoing fundraising efforts aim to collect the necessary funds for Chaula's release before public offices close today, with Malisa urging swift action to achieve their goal.