Opinion: Biti maybe “damaged some calm” but didn’t assault anyone

This delict is committed when a person unlawfully and intentionally applies force to the person of another or has threatened to do so in a manner that inspires a reasonable fear of immediate danger in the mind of the person threatened” (Professor G. Feltoe – ‘ A Guide To The Zimbabwean Law Of Delict, 2018).

Tendai Biti on the 30th November 2020 called out Tatiana Aleshina at Harare Magistrate Court. Where he called her: “You Tatiana you are stupid, very stupid, stupid. Stupid idiot”. Which by all definitions shouldn’t be an offence or deemed as an criminal act. It was an act of foolishness from Tendai Biti and he should apologize maybe. However, to be charged with assault over this is just ridiculous.

What is even more striking that uttering these words was enough to get Aleshina hospitalized. That he pointed fingers and shouted out these words. He didn’t touch her or act with vile force. He was maybe angry and was out of bounds with his emotions, as he uttered those words. Still, that is not an assault by definition.

If you feel threatened by these sort of words. Then you shouldn’t even work in a Court or be part of the Justice system. It will get much worse from here. The man showed his frustration and only retorted in a manner, which he should apologize for, but not be charged with anything.

To call a person “stupid” and a “idiot” shouldn’t be a criminal offence. Unless, the authorities are thin-skinned and lack moral judgement. Because, if this is deemed enough to do so. Then, everyone in the nation better be prepared for assault charges. Every kid and every child, heck every teen and every partner have uttered these words at one point. Where you have called your friend “stupid” or your colleague an “idiot”. Because, at the heat of the moment you have realized that they acted “dumb”. Therefore, charging him for calling Tatiana that is using a school-yard argument in court.

He didn’t put her life in danger, he didn’t touch her or threaten her. Tendai might be loud in the heat of the moment, but that doesn’t justify the charges against him. Biti should just say “sorry” and Tatiana should move-on. Unless, she is always afraid and nobody has ever stroke a high note around her. Which I doubt, as a Chief Operation Manager in a Property Firm. She must have heard much more derogatory language from contractors, than what Biti said on the 30th November.

Yes, she could be shaken and humiliated. That is all natural, as you would stumble on the humble and wouldn’t expect to be called out in the setting of a Court. However, that doesn’t say that Biti actually assaulted her. Neither, was these words intimidating. It was more a quick slur and bad manners.

If this is deemed as an assault. Then it takes a school-yard argument to the courts. There will be much more cases and the courts should be filled with kids, youths and managers calling people out. Who hasn’t called people stupid and showed some bad manners?

I am sure most of the public has done so at one point. Unless, your a holy saint, the Pope or someone holier than thou. Alas, if Tendai Biti … is charged and serving time over this. Then there should be plenty of more similar cases. Because, the Courts should start answering to pleas of civilians everywhere who has called people “stupid” since that is enough to get charged with “assault”. Peace.

Press Relese: Worrying Trends of Journalists Targeted for Covering Political Campaigns in Uganda (26.02.2016)

HRNJU 26.02.2016 P1HRNJU 26.02.2016 P2HRNJU 26.02.2016 P3HRNJU 26.02.2016 P4

UPF Press Release on Yesterday actions in Kampala (16.11.2015) + NBS Video Clip of Yesterdays Policing!

Kampala 16.11.15 UPF 2

Yesterday, 16th November, 2015, at around 1230 hours, a Delta Television Journalist, Isaac Kugonza, 28, was injured during front line coverage of rowdy protesters at the home of Erias Lukwago, at Lungujja, a Kampala City suburb.
The journalist was taking photos and videos under the security cover of the police, before he was caught up and injured by a stone hurled at the police by the rowdy protesters. He took injuries to the right side of head, where he suffered a wound to the ear and a swollen eye. The Police immediately rescued and rushed him to Mulago National Referral Hospital, where he is being hospitalized.

The victim was subjected to a CT scan and the preliminary examination shows that he is out of danger, and will further be evaluated tomorrow 17th November, 2015. Meanwhile another female victim, Nyamwiza Molly, 21, is also being hospitalized, after sustaining a serious fracture to the leg when she was knocked down by a boda boda rider, who was attempting to escape from the protesters. She had visited her elder sister at Nyanama Zone and was injured while proceeding to Kampala, on her way back to Hoima.

The police upon intervention arrested two suspects that included Erias Lukwago and Sewanyana Allan a Councilor at Makindye Division who are being detained at Nagalama Police Station, while the charges of incitement to violence, assault and malicious damage levied against them are being investigated by police at Old Kampala Police station.
Today’s confrontation between the police and protesters could have been avoided if Erias Lukwago had observed the instructions from the electoral body that deferred nominations to a later date, as they awaited communication on Regulations governing the nomination for the two elective positions of Lord Mayor and Deputy Lord Mayor, from the Minister for Kampala, as required by the KCCA Act. This communication was brought to his attention by the DPC Old Kampala Police Station the previous evening.

The police remain committed to enforcing law and order, without fear or favor, in respect of all people and calls upon each and every one of us to uphold the law for the good of our land.

CP Fred Enanga
Press and Public Relations Officer
Uganda Police

Look at this clips:

On the clip, you heard the shots right? – that was not stones!

A Tiny Comment to this:

You can write and type hog-wash honorable Fred Enanga to look better, but the video clips and vivid pictures tells a story! How the police vandalized and harrased the public in the area. That was not stoning of a journalist? He was shut by your bullets. You can lie and keep on lying, but the truth will stand. Your not ensuring or enforcing positive actions, instead your creating violence. The world knows that. Your not policing! Proof yet again. Peace!

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