Court Warns Activist Malisa for Missing Hearing

Court Warns Activist Malisa Over Non-Appearance

Dar es Salaam, March 11, 2025 – The Kisutu Resident Magistrate’s Court has issued a stern warning to activist Godlisten Malisa, a co-defendant in a criminal case alongside former Ubungo Mayor Boniface Jacob, popularly known as Boni Yai. The court cautioned that if Malisa fails to appear for future hearings, he could face detention.

Both Malisa and Jacob are on trial for allegedly publishing false information on social media, a violation of Section 16 of the Cybercrimes Act No. 14 of 2015. The case was scheduled for a hearing on Tuesday, March 11, 2025, but could not proceed due to Malisa’s absence.

Court Issues Detention Warning

Senior State Attorney Clemence Kato, representing the prosecution, informed the court that they were ready to proceed, but Malisa was not present. Defense lawyer Peter Kibatala, when questioned about his client’s absence, deferred to Jacob, who revealed that he had spoken with Malisa shortly before the hearing. According to Jacob, Malisa claimed he had "forgotten the date" and was unsure whether he would attend.

After considering the explanation, Principal Resident Magistrate Ushindi Swallo issued a firm warning:

"Tell your co-defendant that I will revoke his bail. It is unacceptable for both him and his sureties to forget the court date. If he fails to appear next time, he will be detained."

Defense counsel Kibatala apologized on Malisa’s behalf and requested a new date for the hearing. The magistrate subsequently adjourned the case to March 17 and 18, 2025, for the prosecution to begin presenting its evidence.

Charges Against the Defendants

Jacob and Malisa were first arraigned on May 6, 2024, facing three charges of incitement through false publication. Jacob is accused in two counts, while Malisa faces one charge.

Charges Against Jacob:

1. Publishing false information – Allegedly committed on April 22, 2024, in Dar es Salaam, Jacob is accused of knowingly publishing misleading content via his social media account, X (@ExMayor Ubungo), implicating the Tanzania Police Force in the alleged murder of a man known as Baba G.
2. A second count of publishing false information – Allegedly committed on March 19, 2024, in Dar es Salaam, he is accused of falsely linking the police to the killing of Omari Msamo, a former tour driver, claiming he was killed by officers from the Karatu District Police in Arusha Region.

Charge Against Malisa:

• Malisa faces a charge of publishing false information, allegedly committed on April 22, 2024. He is accused of posting misleading content on Instagram (@Malisagj) regarding the disappearance and subsequent discovery of Robert Mushi, known as Babu G. His post claimed that Mushi was abducted in Kariakoo by individuals posing as police officers, later found deceased at Kilwa Road Police Hospital Morgue, showing signs of severe assault.

Both defendants pleaded not guilty to all charges and are currently out on bail.

Next Court Hearing

The case is set to resume on March 17 and 18, 2025, when the prosecution is expected to begin presenting its witness testimonies and evidence.