This article discusses cases related to issues affecting the exercise of artistic freedom in Tanzania from 2017 to 2023, as documented by TARO.
1 The Case of Roma Mkatoliki (2017)
Abernego Damian, also known as Roma Mkatoliki, is a well-known hip-hop artist who was involved in a disturbing incident. On April 12, 2017, Roma was in a studio session at Tongwe Records in Masaki, Dar es Salaam with his producer Bin Laden, and fellow artist Moni and Emanuel. They were ambushed by five armed kidnappers, who handcuffed and covered them with black clothes on their heads, and then they were forcibly transported in a wagon. They were subjected to abduction, Interrogation, physical assault, and severe torture. Subsequently, the perpetrators abandoned them on the street of UNUNIO (Dar es Salaam). Roma Mkatoliki claimed that this incident was an act of retribution for his politically critical songs, intending to warn him to cease involvement in such expressive art forms.
In November 2019, while in the USA, Roma released another song titled NAITWA ROMA, which was highly politically controversial. Following this release, he has not returned to Tanzania.
It’s worth noting that on September 10, 2015, after the release of his initial hit song VIVA ROMA, through Twitter, he reported threats from unspecified authorities regarding a potential ban on his song.
2 The Case of Ney Wa Mitego (2017-2023)
Emmanuel Elibariki, known by his real name, is renowned for releasing contentious songs that touch on social, political, and economic themes. He has faced the banning of multiple songs simultaneously by the National Art Council (BASATA). This includes:
His song SHIKA DABU YAKO was banned in February 2016.
Notably, on March 26, 2017, his song WAPO was also banned.
In March 2017, he was arrested by the police on allegations of releasing a slanderous song against the government.
Additionally, in February 2018, his songs PALE KATI PATAMU and MAKUMAZ were banned.
His song MAMA was banned in May 2021.
The song BABA was banned on November 4, 2021.
On September 24, 2022, his song TOZO was banned due to its political controversy.
He received a call on November 4, 2023, informing him that the police were searching for him. He made a post about this on his Instagram account.
In July 2023, his song AMKENI was banned.
On September 2, 2023, he posted on his Instagram, stating that he was encountering challenges due to his song.
On September 3, 2023, he posted a video on his Instagram, revealing that the National Arts Council (BASATA) had orally denied him a permit to conduct his live performance show.
On September 6, 2023, he was summoned to appear at the Central Police Station in Dar Es Salaam regarding his song AMKENI. He was accompanied by his lawyer, JEBRA KAMBOLE. On the same day, BASATA responded through the press, stating that they were not responsible for Police intervention related to the song AMKENI.
3 The Case of Optatus John Fwema (2021-2022)
On September 24, 2021, OPTATUS John Fwema, a Cartoonist, was arrested and subsequently denied bail. He was held in custody at a police station for two weeks without being taken to court, which is in violation of the law. Following intervention by the Legal and Human Rights Centre (LHRC), on October 8, 2021, criminal charges were filed before the Resident Magistrate Court of Kivukoni at Kivukoni (Dar es Salaam) under criminal case no. 156 of 2021, citing a violation of Section 16 of the Cybercrime Act, Cap 14, Revised Edition 2015. The charge pertained to the crime of misleading the public. The charges stemmed from Optatus John Fwema’s Instagram post, which featured a cartoon image of a girl in a hijab playing with a bowl filled with water while a man stood behind her.
The prosecution claimed that the cartoon depicting the girl was a reflection of the President of the United Republic of Tanzania, Honorable Dr. Samia Suluhu Hassan.
On September 20, 2022, following a year-long legal process, the prosecution side decided to enter a NOLLE PROSEQUI (indicating their lack of intention to pursue further legal action), Consequently, the court released him. However, shortly after his release, law enforcement authority (Police) arrested him in the vicinity of the court premises and transported him to Osterbay Police Station. With the support of his friends and a lawyer from the Legal and Human Rights Centre (LHRC), he was subsequently released on police bail. He was instructed to report back on Friday, September 22, 2022.
OPTATUS JOHN FWEMA is an individual engaged in political artivism as a cartoonist. His creative artistry is utilized to promote principles of good governance, the rule of law, and the protection of human rights. On July 6, 2022, Mr. Fwema made a post on his Instagram account featuring a cartoon image, aimed at highlighting instances of alleged police abuse of power. Consequently, he asserts that the subsequent arrests and criminal charges laid against him are directly linked to his artistic endeavors.
4 The Case of Masoud Kipanya (2018)
On January 1, 2018, a well-known cartoonist by the name of Masoud Kipanya was apprehended, and the incident quickly caused a stir on various social media platforms. The arrest in question took place due to the controversial nature of the artistic work, specifically his cartoon images that expressed critical artistic viewpoints on political subjects. Kipanya’s employer, Clouds Media, issued a statement arguing the public to remain composed as they awaited additional information and updates regarding the situation.
5 The Case of Nikki Mbishi (2018)
The individual in question is legally recognized as Nicas John Mchuche. He is an esteemed hip-hop artist renowned for his thought-provoking compositions addressing political and social matters.
In February 2018, his song titled “JK” faced a ban due to its politically controversial content.
6 The Case of Dawa Juma (2023)
Formerly on the day of 2nd May, 2023 it was reported on various media regarding the imprisonment of a tradition musician, Dawa Juma Dawa from Geita. A traditional singer Mr. Dawa was arrested, prosecuted and sentenced 6 years in prison or a fine of 10 million. The victim was prosecuted under the provision of Section 16 of Cybercrime Act, No 14, 2015 at Chato district court accused of publishing false information against president after distributing his song on YouTube.
Mr. Dawa defended himself by proclaiming he was voicing out for people regarding the worse situation of life as well as the rise of product prices. He did it in a good course of expression through artistic work but the court interpreted the contents of the song as a crime.
7 The Case of Idris Sultan (2020)
Referring to 19th May 2020, Tanzanian comedian Idris Sultan was arrested for Cyber-Bullying the former president, the late Magufuli. Sultan’s arrest came after a comic video of him laughing at an old photograph of the late President Magufuli was shared on social media. The police claim Idris used the internet to harass the president contrary to section 23 of the Cybercrime Act, No. 14, 2015.
Also refer to a year before, 2019 he was accused of contravening the Cybercrime Act after he posted a photo on social media where he had faces swapped an image of the president on his 60th birthday with a caption that was interpreted as “We swapped roles for a day so that he could enjoy his birthday in peace”. The comedian upheld that his intentions had not been malicious and even had the former minister of Natural resources and Tourism, Hamis Kigwangalla promise to bail him out.
8 The Case of AY and Diamond Platnumz (2016)
On the release of the song ZIGO Remix by AY featuring Diamond Platnumz at the outset of the beginning of the year 2016, the Tanzania Communication Regulatory Authority (TCRA) expeditiously prohibited its dissemination through the nation’s conventional media channels, citing its explicit content and being too raunchy.
Within two months following its release, the remixed version of the song “Zigo” has attained an impressive viewership, surpassing 2.9 million views. Subsequently, despite the Tanzania Communications Regulatory Authority (TCRA) imposing a ban on ‘Zigo’ from all television and radio stations in Tanzania, the video’s popularity has continued to flourish. The number of hits on YouTube for ‘Zigo’ exceeded six million, indicating a substantial demand for the song. As a result, AY, the artist, did take a proactive stance and demanded an explanation from the TCRA regarding the reasons behind the ban.
9 The Case of Kicheche and Clam Vevo (2023)
These are famous comedians on YouTube. On 28th November 2023, Various media outlets reported that Kicheche and Clam Vevo were arrested by the police for failing to comply with regulations governing filming activities. The regulation requires that no person shall engage in filming activities unless registered by the Tanzania Film Board. The Tanzania Film Board has repeatedly attempted to contact the comedians, urging them to register and have their film work approved. Despite repeated warnings, the artists have continued to ignore them. As a result, the Film Board has decided to report the case to the police. The goal is to initiate criminal charges against the comedians mentioned above. But in the end, they were ordered by police to be registered with the Tanzania Film Board and pay a fee for each video posted on YouTube (estimated to be more than 100 videos) and all other fees.
10 The Case of Sifa Boniventure Bujune (2023)
On 13th September 2023, A female gospel artist called Sifa Boniveture Bajune, 25 years old, a resident of the Mbeya region, Isyesye in Tanzania as the 1st Accused, and 2 other collaborated artists such as Salome Mwampeta as the 2nd Accused and Hezekiel Millyashi (Music Producer) as 3rd Accused, together were arrested for releasing a song called “Tanzania inaelekea wapi?” in social media (youtube, TikTok and, facebook) which contains false information against the government. The name of the song means “Where is Tanzania headed?”
The song contains a Swahili phrase “Kijana mdogo kang’olewa meno na maaskari, hii kwasababu mnatuona nyani tu “ . In English, it means, A young was pulled out of his teeth by armed officers because you see us as monkeys.
Whereas, on 19th September 2023, the 1st and 2nd Accused were placed on criminal charges contrary to section 16 of the Cybercrime Act.no 14 of 2015, for the crime of publication of false information. Whereas the 3rd Accused was charged contrary to sections 16 and 25(1)(b)(2) of the Cybercrime Act. No 14 of 2015, as a principal offender for the crime of publication of false information.
The accused are represented for defense by a prominent human rights lawyer named JEBRA KAMBOLE, before the District Court of Mbeya, in criminal case no. 135 of 2023. It is still proceeding.
11. THE CASE OF BANDO MC (2023)
It was the incidence of banning the music video of the song called SEGEREA by an upcoming hip-hop artist called BANDO MC. His real name is Musa Mabumu Musa. The song elaborates on the situation in prison life. He filmed the music video featuring an actor dressed in a uniform resembling that of a prison guard. National Art Act banned the video since there is an existing regulation that prohibits any person from wearing clothes resembling any existing police or military uniform. Bando was arrested and kept in policy custody but later released.
12. The case of AMEYATIBA
The featured song was released by two prominent musicians called LAVA LAVA, WHOZU and BILNASS. The song is called AMEYATIMBA. The song expresses acts of revenge in an intimate relationship for being dishonest. It is about the ongoing violence against women that is not voiced out in society. The artists tried their best to reflect the incident happening in real life. In the video of the song, LAVA LAVA is shown as a rapist holding lubrication toward not shown woman. The video was banned by the National Art Council, LAVA LAVA, and BILNAS fined TZS 1 million each ( estimated 500 USD) while WHOZU fined TZS 3 million (estimated 1,500 USD). Artists were not allowed to explain about the music video. The reason for banning was the music video was against women's dignity.