The Embattled Former Simiyu RC Dr. Yahya Nawanda Photo: Courtesy
Update:Former Regional Commissioner Accused of Assault: Investigation Intensifies
By Adonis Byemelwa
In a significant development today, July 5, 2024, Mwanza Regional Police Commander Wilbroad Mutafungwa announced that the police received forensic evidence in the investigation against former Simiyu Regional Commissioner, Dr. Yahya Nawanda, who is accused of sexually assaulting a university student, Tumsime Ngemela, in Mwanza.
Commander Mutafungwa disclosed that the forensic findings were obtained from scientific examination laboratories and reiterated the commitment to a thorough and professional investigation.
“As in all criminal investigations, this case file must be submitted to the Office of the Director of Public Prosecutions (DPP). The evidence from the forensic labs has now been forwarded to the DPP’s office for further legal action,” said Mutafungwa.
Tumsime, 21, voiced her ordeal earlier today at the Legal and Human Rights Centre (LHRC) in Dar es Salaam, urging President Samia Suluhu Hassan to intervene to ensure justice. Mutafungwa assured that the investigation is being conducted meticulously and professionally, promising that Tumsime will receive the justice she deserves.
“In criminal cases, including this one, the investigation involves multiple agencies. We expect that by Monday, the Regional Prosecution Office will guide the next steps,” said Mutafungwa. He confirmed that Dr. Nawanda is currently out on bail, which he emphasized is a legal right for suspects of such crimes.
Tumsime recounted the challenges she has faced since reporting the incident to the police 34 days ago, including relocating for her safety. She alleged that on June 2, 2024, Dr. Nawanda assaulted her in his car. Following the incident, she reported it to the police and went to the hospital.
Subsequently, a regional leader called her, requesting a meeting which she declined, citing her presence with the police. The official then spoke with the police and ordered them to escort her to his office. Tumsime claimed that during the meeting, the official and Dr. Nawanda urged her to drop the case, proposing a familial resolution.
Due to the case, Tumsime said she was advised by senior police officers to find a safer place to stay as she continued to receive calls pressuring her to withdraw the complaint. She also addressed a letter that circulated on social media, purportedly from her, retracting the case.
She clarified that she was coerced into copying and signing the letter, which was then taken to the police. “I urge the government to bring this matter to court so justice can be served. If I am lying, I should be punished, but if Dr. Nawanda is guilty, he must be held accountable. The delay in bringing the case to court leaves room for speculation and differing opinions,” she said.
Following these revelations, Tumsime has temporarily halted her studies. The story has attracted widespread attention, with human rights advocates and legal experts calling on the government to expedite the investigation and prosecution.
The Tumsiime case underscores the power that ordinary citizens can wield through legal avenues to hold senior officials accountable. The first step is to meticulously document all details of the incident.
This includes collecting physical evidence, eyewitness accounts, and personal testimonies. Reporting the incident to the police or relevant authorities immediately, and ensuring that the report is detailed and accurate, is crucial.
In cases of physical assault, obtaining a medical examination and report from a certified medical practitioner is critical as it serves as key evidence in legal proceedings.
Engaging legal aid organizations like the LHRC can provide legal assistance and advocacy, ensuring that the case is pursued rigorously and receives public attention.
Engaging the media can be a powerful tool as publicizing the case helps build pressure on the authorities to act and can prevent the case from being swept under the rug.
Critics who requested anonymity say if the authorities are slow to act, citizens can seek a judicial review or file a private prosecution if allowed by law. This involves hiring a lawyer to present the case before a court directly.
“Even with palpable evidence, cases involving high-profile figures can sometimes languish in backlog due to bureaucratic inertia or political interference,” says one of the critics based in Bariadi District, Simiyu Region.
He notes that high-profile cases often involve intricate details and require thorough investigations, which can be time-consuming. Suspects in powerful positions may exert influence to delay proceedings. Limited resources and personnel can also slow down the investigative and judicial processes.
To mitigate these delays, citizens and their advocates must remain vigilant, continually pressuring the authorities and utilizing all available legal avenues to ensure that justice is served expeditiously, according to the Dodoma-based advocate of the High Court of Tanzania, Derick Mwijande.
