On 20th July 2024, a prominent social media actor, comedian, and musician (Seif Kassim Kisauji) aka Babloom Kisauji or Babu wa Tiktok shared a letter on his social media from the National Arts Council (BASATA). The letter summoned him to appear before the National Arts Council for a meeting to discuss the adherence to ethical issues in the arts industry.
He complied with the summons and appeared before the Council as requested. In the meeting, they discussed his newly posted video on Instagram. They condemned it for being unethical and not proper for public use. They demanded him to take down the content and apologize for sharing. He agreed, the conversation was very friendly. Surprisingly, on 22nd July 2024, An official public notice from the National Arts Council was released. It addressed that he was penalized not to engage in artistic activities for six months together with a fine of 3 million (Equivalent to USD 1200).
THE LEGAL INSIGHTS ON THE DECISION OF THE NATIONAL ARTS COUNCIL
a) Seif Kassim Kisauji was not accorded a right to be heard. He was summoned and made to believe that his appearance before The National Arts Council was a merely meeting for discussion, while secretly, it was intended to be his trial for violating The National Arts Council regulations 2018. If he would be informed in the summons that, he was required to defend himself, he would ask for reasonable time to prepare his defense and find legal representation.
A right to be heard is a constitutional right provided under article 13 (6) (a) of the Constitution of the United Republic of Tanzania (1977) as amended from time to time.
“when the rights and duties of any person are being determined by the Court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the Court or of the other agency concerned.”
b) The decision of the National Council does not comply with the law. As described above, the National Arts Council banned Mr. Seif Kassim Kisauji (Babloom Kisauji) from engaging in artistic activities for six months and a fine of 3 million due to ethical issues from a video posted on his Instagram account.
Regulation 3 of the National Arts Council regulations 2018 (Kanuni za Baraza la Sanaa la Taifa mwaka 2018 .GN.no 43 of 2018) has provided the meaning of the term “artistic works” for the reader to understand the kinds of artistic works regulated in the regulations. It entails that artistic works are traditional artworks and those works mentioned in The National Arts Act. 23 of 1984., but it excludes all artistic works in film and stage plays governed by the Tanzania Film Board.
“Kazi za sanaa” maana yake ni kazi za sanaa kwa mujibu wa sheria inayohusika na sanaa ikiwa ni pamoja na kazi za jadi, lakini haihusishi kazi zinazogusa picha jongevu na michezo ya kuigiza inayosimamiwa na Bodi ya Filamu Tanzania.
In other words, the regulations do not apply to artistic works in film. However, the decision against Mr. Seif Kassim Kisauji (Babloon Kisauji) was based on his video (film) posted on Instagram. As per regulation 3 of the Films and Stage Plays Regulations 2020 (Kanuni za Filamu na Michezo ya Kuigiza za Mwaka 2023) provides that the meaning of “film” includes a variety of videos excluding those made for journalism. Therefore, For that reason, we can cement that Mr. Seif Kassim Kisauji (Babloon Kisauji) was judged based on a film work.
“filamu” maana yake ni mpangilio wa picha za vitu vilivyorekodiwa na kufungamanishwa na sauti za maneno au muziki na kuhifadhiwa katika kifaa kwa mfumo wa digitali, au kwa namna yoyote ambayo picha hiyo inaweza kujongea na inajumuisha picha zozote zilizo katika mfumo wa filamu au video mbalimbali lakini haihusishi video zilizotengenezwa kwa muktadha wa uandishi wa habari;
Regulation 25(5) of the National Arts Council 2018 (Kanuni za Baraza la Sanaa la Taifa mwaka 2018 .GN.no 43 of 2018) provides that the National Art Council shall provide a written document for ethical approval stamped by the council’s seal to all artistic works verified on ethical matters, but the National Arts Council shall not issue that document to artistic works, stakeholders, infrastructures or any matter related to film and stage plays.
“Baraza litatoa ithibati ya maadili ya sanaa kwa maandishi na kupigwa muhuri wa Baraza kwa kazi za sanaa zilizothibitiswa, isipokuwa Baraza halitatoa ithibati kwa kazi, wadau miundo mbinu au suala lolote linalohusiana na masuala ya filamu na michezo ya kuigiza”
Thereupon, the National Arts Council is being barred by law from determining ethical issues in artistic works related to film (video/motion picture). The banning of Mr. Seif Kassim Kisauji (Babloon Kisauji) from conducting artistic works for six months(6) and fining of 3 million was based on his video (film) posted on Instagram.
The National Arts Council made their decision based on a work of film contrary to the National Arts Council Regulations 2018(Kanuni za Baraza la Sanaa la Taifa mwaka 2018 .GN.no 43 of 2018). Therefore the decision may be perceived with np validity before the eyes of law.
c) The decision of the National Arts Council does not appreciate the Constitutional (The Right to work)
Mr. Seif Kassim Kisauji (Babloon Kisauji) is banned from conducting artistic works for six months(6). It shall be considered that engagement in artistic activity is his main employment. He does not have any other source of income. The decision did not consider that the right to work is a constitutional right and if any other law conflicts with the constitution, then the constitution prevails. Furthermore, it is a human right protected under international law. The decision was based on the provisions of the National Arts Council Regulations 2018(Kanuni za Baraza la Sanaa la Taifa mwaka 2018 .GN.no 43 of 2018). The regulations do not complement the Constitution.
Article 22(1) of the Constitution of the United Republic of Tanzania (1977) as amended from time to time provides that: “Every person has the right to work”
Article 6 (1) of the In International Covenant on Economic, Social and Cultural Rights(1966) provides that: “The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right”
THE FOLLOW-UP ON THE CASE:
TARO made a follow-up on the case to find any possible remedy. The artist informed us that they are arranging a meeting with the National Arts Council to seek reconciliation.
If reconciliation fails, there is an option to appeal against the decision of the National Arts Council to the minister. However, Mr. Seif Kassim Kisauji (Babloon Kisauji) has tried his best, to apologize to the government and the members of the public for the concerned unethical video posted on Instagram. We hope that the National Arts Council will reconsider their decision.
For more updates: Keep in touch with us.
To view the concerned video in this case, visit https://www.instagram.com/reel/C9g6YA6NJHo/?igsh=ejg5MHE2aHpjMTUw