Tanzania's High Court acquits seven vigilantes accused of killing a villager over witchcraft allegations

Arusha. The Dodoma High Court sub-registrar has acquitted seven suspects accused of murdering a villager accused of practicing witchcraft.

The case involved members of a vigilante group who allegedly killed Beritha Chalo on December 17, 2022 in Mwitikila village, Bahi District, Dodoma.

The suspects, identified as Maria Chigwile, Magreth Steven, Agusta Reuben, Janeth Hoya, Mariam Zacharia, Tatu Mkomochi and Pendo Lucas, were charged with murder under sections 196 and 197 of the Criminal Code.

Judge Dr. Evaristo Longopa presided over the case, in which the prosecution presented eleven witnesses and two pieces of evidence, while the defense presented seven witnesses (the suspect).

Judge Longopa made the ruling on October 28, 2024, after considering arguments from both sides. He concluded that the prosecution failed to meet the burden of proof required to convict the defendants beyond a reasonable doubt. The court therefore found the suspects not guilty and ordered their release.

The first witness, Neema Mpanda, testified that on December 17, 2022, she and her sister Grace Mpanda were captured by two members of the vigilante group and held at Lupeta Primary School on suspicion of drug use. Chalo was accused of witchcraft and allegedly beaten by the vigilantes.

According to Neema, three of the prisoners were stripped naked and beaten on hot sand. She alleged that Chalo was beaten by the vigilantes, except the seventh defendant. Grace Mpanda, the second witness, stated that Chalo was beaten and dragged to the ground.

Other witnesses corroborated the story of the physical attack, while a village health official testified that Chalo’s body showed multiple bruises during an autopsy on December 18, 2022.

The defendants denied their involvement in Chalo’s death, claiming they attended the community meeting in Mwitikila village but did not participate in any attack. They testified that their role during the meeting was limited to cooking and other support tasks. Many cited their limited experience as newly appointed members of the vigilante group.

Judge Longopa emphasized the principle in criminal law that the prosecution bears the burden of proof beyond a reasonable doubt. After examining the evidence, the judge found inconsistencies, especially regarding Chalo’s time of death and cause. Citing past statements, he stated that the prosecution had failed to build a case against the defendants.

“None of them are guilty of the crime of murder under Sections 196 and 197 of the Criminal Code. The court hereby acquits all seven defendants,” Judge Longopa said.