R. v. Syakisya s/o Mwambengo, Crim. Sass. 39-Tukuyu-70; Saidi, J.

R. v. Syakisya s/o Mwambengo, Crim. Sass. 39-Tukuyu-70; Saidi, J.

The accused is charged with killing his wife. On the material day, the accused had retuned home after grazing some cattle, and he found his wife had gone to a neighbour. He sent his son to call her and told her to prepare stiff porridge for his young brother. His wife refused because the younger brother was not helping to cultivate. There was an argument, and, since the accused was angry, he ordered her to go out. The accused further states, as does his daughter that his wife started to choke him, and it was then the accused stood up and slapped his wife three times. His daughter Queen who tried to intervene was also slapped twice. Had his daughter not intervened his wife would have been slapped more. The wife went to report to the ten-cell leader who later came to reconcile them. The wife was found to be suffering, and she lay down and ordered her children to pour water over her. Later they arranged to take her to the hospital. When the assistant medical officer examined the deceased her found no injury, but he suspected that she was suffering from malaria. He treated her with doses, but she died the following day. He did not find any marks of injuries externally or internally.

            Held: (1) “The accused and the deceased had been married for a long time. The eldest daughter is fourteen years. They had a happy married life. It is possible that the wife was shocked due to this unprecedented act on the part of her husband. The Republic advises that it cannot prove the charge of murder or manslaughter ……” (2) “However the accused is guilty of slapping his wife more that once. I therefore find him guilty of common assault c/s 240, Penal Code.” (3) “The true position is this, that neither a husband nor a wife has the right to beat the other. Both of them are equal with each other. But it appears it has been a tradition all over Africa for husbands to beat wives, and this also was he practice in Europe and America as well as Asia ……. The TANU Constitution and the Interim Constitution of Tanzania in its Preamble both declare that all human beings are equal. That means men and women are equal and as such a wife shares equal rights with her husband. Even the Arusha Declaration repeats the same that all human beings, i.e. men and women, are equal, and neither of them should be allowed to exploit the other …. I take this opportunity to say that a husband has no right to bat his wife. If she annoys him he can complain to her parents or local elders. If a husband beats his wife he will be charged and be sentenced accordingly. The Government is keen to see that women take part in the administration of justice as court assessors. This year we will start selecting female magistrates, and they will decide cases, and so if a husband beats his wife and is brought before a woman magistrate I think he will be punished accordingly”. (4) “The offence of common assault contrary to section 240 of the Penal Code carries a maximum sentence of one year’s imprisonment. As the defence counsel has already stated that the accused has been in custody since December last year that is, almost three months, we can consider this ….. As I have already stated, husbands are not allowed to beat their wives, because in human relations all persons are equal, and no person is above another. In 1968 about 860 people were killed in this country. Last year, 1969, about 1,000 people were killed in

Tanzania ……. Very often ……. Husbands beat their wives seriously and as a result the wives die. In this case also the wife died, but the doctor could not find the cause of her death, otherwise the accused would have been convicted of murder or manslaughter ….. the accused is sentenced to nine months’ imprisonment”.