19761015 TZHC Mwanza

IN LJ -1IGiI COU1-?.T OP ZAIA AT L•L2 APPLL.TE JURISDICTION CRI1;TIiL. .PPiL. NO. 205 OF 1974 ORIGliAL CRL.i ;ICi O. 893 O 1973 OF Tt DISTRICT COT1ET OP BUROBA DLTRICT AT BUKOBi BUF ORU C H 3u T I, D M THE T n D D. .r..c .

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S DD - versus S. ITO B. 7984 P C L.ILAVI •. , . . . •. RLSPOiTBT 000Ooo'o JUDGEI.NT IIIAGAITGA, J.: The respondont in this case was charged with Corrupt Transanction with agent c/s 3(1) of the Provention of Corruption Act ITo. 16 of .1971 and in the a1torntive he was charged with "Pub1±c Of ficr obtainin, advantage without consideration or t:lithout adequate cohsideration' c/s. 6. of the same. Act, Tie .,qaq acquitted on both counts. The Director of Public Prosocutions is agTivod by the. acqaittal In the Corrupt .trnsnction with an agent. count and is appealing against the acqurt a1 on the fo11oin grounds - "1. The 1arned District .iagistrate crred :jfl holding. tht the prosecution had . . failed, to 1rove its case beyond roaoflabl doubt. The loanod District Magistrate erred in holdiig that there was material contradictions on the,.ovidcnce given :. by the prosecution witnesses. . Tnc learned District Magistrate erred in holding that prosecution witncs • 2 wu. s an unreliahle witness. . . '4. The learned District Magistrate orrod in tht ho failed to give the prosecui . • . . • tion caso the consideration which it would have 'boonroquired. tobe given.." • The Director of PuUic Prosecution therefore prays in this appeal that tho dopision of the trial magistrate • be set aside and a convicti'o].i for the offence under section. 3(1) of the,PrevcntioT1 of Corxuption Act

tO substituted., The prosacution case was that the respondent, who was a police officer, .doiandod and corruptlyrocoived Shs 200/= from : one Robert Liutaloma who had a criminal chargo. 1pondin8.agains't him. Thi evidence led at the trial was as±ollows: Robert ilutalema, (p1,2) a school teacher s was on 17th Ap'il: 1973.. arrested by the respondent . after a cornplaint of.; tha't .hd been made against hith by a. fellow school, teacher.. He was howover.;later released on police bond but was instrupted to. report.. to the police station in a week's tine. He did and after tolkitg to the rosponocnt fOr sometime the :'ospondcnt. t4, him to "make all efforts or anything o t,at the matte±' would bb finalisod'!. The respondent then told hin to par Shs. 250/=. He was reluctant to do this but the responthnt later thretcncd to belt him up. . . . . /2 - 2 -. It was then that he soughtadvise from his District Education Officer who advised him to.:roport the: matter to the police Four polica ,bf..fiècrs nane1y,. Sergeant Liaj or Kisika (PW.i), dotoctivo sergeant Tidolis (PW.3), detective sergeant Oharles..(PW.5) ama another police officer wor L. by Regional Crime Officer to lay a trap to cetchL H respoidnt while receiving the bribe. The leader of the. police party ogt. Major kisika v-7(,-., s handea Shs. 250/= in notes by tue Regional Crime Officer and the notos wero .mcdc up of 2 Shs iOo/=

notcs2h 20/= ñôtds. and 1 Shs; io/= note. This was on 11/2/73. ThO lib' party , ogethrwithtie Regional Crime Officer and Robert then proeeded to Kamuchumu polco station ru th. respenWnt was s U1OnL.d. Bei ore reaching tho dDe thtdh th four police officers alighted from the vehicles in which they were while the Regional Crime Officer procecdodto the police station in the vehicle. ... .. Sergeant Major. Jis.ika (pi1.i) tatodthat ho :ij.a4 0 d. over. the She. 250/= to Robor.t:after he had taken their numbers in tm prsenco of his comrdes. ie hen hid hinseJ4 together i h serg nt Charles in aban n plcnatction while his two collogues also hid soieL. distance ewey from thir plce Thy howev..r h d good viewof the plA.co where Robq.rt was. instruted to. be while hindin the money to the respendcni. Botn Kisiks (P 1), Fiaclis (P 4) and Charles (PU .5.). stated that a t the ii resjuctive hidding places they saw the respondent approhch on a bicycle and proceed to whore Robert was. They all stated that they theh saw Robert hand the money to the respondnt af.tCr which the respondent hurriedly rode away. Kisika stated that he saw Robert handing over only Shs. 200/= and. that he and Charles . were tnly about seven paces from where the handing over took place. He furthr stated tnat who respcncJ. nt put who money in his right skirt pocket befoeo he rode off. Charles on the other hand stated that he

aid, net coo the actual notes handed e the respon ont by Rob rt but saw the respondent put the money in his right trouser pocket. Fidolis and his .. took collogue wore hidding abeut 50 yards away from wher. the 3laco. hanin - over of the rnonuyL Ho only left his hidding place . when he see his collegus follow the rospondont: Beth Kisiica :.ad. Charles further sthted that they saw the respondent go straight to the house of P/C .Colestin after he was handed the maeey and they followed, him there. As the rospcnde.Lt mae out of Colesin'o house they ccosted nm and t.±d him tna ucey suspected him of having necoiveci a bribe. ho 'ep wh know KisiKa, then raiSed a rOw and startud" .scuf±,limg ith thorn. The scuffle dovelopod. to a figflt akd it wms th Regional Crime Officer who appJared and stopped i:T b:.feo he ,order,..d the roperHent to' submit to a search.... He wa" search. .J but nothing was fiind on him. He wue Then taJee.i thto Cole stin' s house 'hich was hls.o s searched. but agin not.1ng' was foand there. 'It was than tnet tie two wiene sso s heard Sgt. Yidelis van: had: hy..thofl gone out f the .h..ueo, say that h.. has picked She. 200/= in two noes wh n.. the scuttle hao. ta:.Hn place. 'All of them checked thb numbers of the motes and. found them tallying-with - hc two Shs. lOO/nQtos which had. ben handed to Robert.;::.; Pid.elis further sbtJ that he called out irümedIately

he' saw the money lying , on the grass where he had sG:fl the rcspondbnt fighting with the uwo policu officure. 1cvral dhcr wincssos gave 'cvidence which was euly relevant to to fijit and subsequent searches... They also. related how thoy.;ho.rd. Fid.elis shbut that hc had picked 'he ramiey and sa h ~ n holding two She lOO/= notes. ./2. A —3- Robert (P.W.2) re1atd how en that day he was handed. Shs. 250/= in the doninatiun montieiaed by KiiJ. and after they had lcntdropped.'.. by the .c gi onal Criee Offior he procoeded to the Police 3tation nd saw who respondent. The respondent d.ir otad. hiia.O !atnd the Di. by., to a, certain ld man bat he v7as rclictcant to do so6 7hon 'h loft who respondent followed him on .a.bicyclo alior they h>d walked some distance he ki.ndod. nc Las. 200/= o hc rspc1zdcnt. He when iiL and told theolicedfficere.thio. Thi polic oliicers wore than only about 10 paces from ihom .nci he sa' the rospoildent put the money in his trouser pocket. He ltor saw 'the rosponeont light the police offcers ne; a houso and saw him throw away something like grass0 A sweeper a Lie polio station (P03) related. how on the clay in q. uestion at aeeut 10.39, a.m. the rospontont called him and sent him to c-ollocit . lottorforhim :rom Robert. Ho app; ochod Rob rt who told him tiit the poson with the letter had not rr1ved. lie v.'it and informed the r ;sponlet of this. The rk.

aain sent him aftOr SObO Lbi ae had olapsod. Robert wa thon seatig along th road. inI whon he approached Rob-rt on the same matter lie was givon the saae ±bjly. Later on he saw thdresondoht fight the policcnon. also witnessed the soarche' and heard Fidolis ay hore i the 1aiaoytt but did not soc him acbually pick the Slis. 200/= which Ile showed around. ThO resond.ont made an unsworn statement in which he stated that after tao Rogi.uial Crino Officer had found him on duty iii:tho charge r.m around 10.30 a.m. he wont to Cel3tin h;uec for tea. Ho.dd,aot find the -boa ready and. left br tao ofiicc. whor' no nad walked about five paces from the huso he was accosted by two peplo in civilian clothes who set upon him and told him that ho had received aL bribe. He denied the allegation but they insisted on searching him. Two more policemen irrivod and he sensed danger. He therefore resisted the search and: occidod o aefend himself. The Regaal Crime oiiiccr then, weat t the scene ad told him to submit t a search. He complied but nothing was or hi apart from his own Shs.. 20,'=. A. 'search of Coleetin'.s 'hOuse also produced no require ±"usult. Fi'dclis 'then went oat "to look for the money without , ±.ist being ' sea:cched and. after some minutes he heard him sari that 'ho h d feund. the no ,cy They. all we.1t eut and saw Fidolis holding Shs.'200/=. Theuumbers of the notes was

then chocked against thoe on d pi.. ce of paper. It was thon that he heard then say that Shs. .50/= was missing. He was later charged as indicated. ' The. 1erned district magistrate; after' reproducing who evidence adducod the rjal stated that there weoe three issues tL be consioord nd frarLd the saic as under: DI the accused solicit a bribe with PW2? Did the accused receive Shs. 2007= being part of the bribe?' •' 'Howd. the Sias. 200/= come to be found in the grass? He then rOiowod the cidonce and answerod, issues Nos. 1 and 2 in the negative'. 'The relevant part of the. judmnt is hereunder reproduced: . . '. . 'First I start .ith' the 2nd issue, when it is allocd t,hat i,ac accucd ro civ..d 200/= ±'ron F 2. Thrc peliec officers differ uctterilly on whis issue. P\tl Kisika says LS tkr accueed a d rccivcd the 'money' he put. it in ' his right shirt pocked. The rs sos given by PI2 and P5 as to why the ct arrested immediately on f the 200/= w';re nut c11vincin' 0 •./4•' — 4 —. ' 4. WI says. ii., d•d not do so b c ae he W a s uneer impression 1 accused might run faster iri•hit bicycle. Th.ri P 5 sis it was 1DC us tiey wore hiei in LL bLbe3 wir im'oa. Yet i i s diiiicult to unorstueid if at all the ccuscd ocivd Ho 200hy P 1. 1 mid P 5 did nOt see the accused throwi the 200/ at the confroitation .rea. fho P2 says die aes ahuat 100 yards a•y from the confronuation are whore accused

was thring something 1i.o dry hrass.. P72 iobo rt urth3r sLid he went to borrow the moaoy Robert has not impressed me as -. tcllin. the. truth. 11 was too roluctent t.o answer questions on cross examination. — Thus clearly showing he had an axe to graid bearing ii'a mind there is an impending criminal case against him whose. invostiga tor is the eccused.. again I see no valed reasons as to why P\J2 gave accused Shs. 200/=. I f at all we believe him while • in effect ho had the whole sam of 250/= c1cmandd. • •Ciirili,.ns whe would have boon independent. nitnçss.;s in th. case prop.r and — .correbortio itn;cs;s t the pros.cution • • tory, or allegation. On: this ovieLnce it • ' is quite clear th:; Ii we do not know who • threw the 200/= in the giass. For il GIO. observations I have node I Ji Ui o vi bh( tn ft,. (3 110 arrangoneat betwoer R:'bert L11d accused for '•5.• tile bribe. The accused never received the 200/= out of 250/=. And ospocie1y thoi inc 4 police oLficcrs who took çctivo pert in 'the trap .aore not seurchioJ,'o ore 'tacy bcgm 'their task an on. of then could — • hove planted it. there. P ,YT .5 h..s also told he coo t Chat t ice tao rp aid not succed. he did not elaborate.ihis. lam not impressed that the t accused would have aclvontur:d. ia this 'busin os of going .Co take a bribe, while he well knew his ho giamal 1 officer was aroirnd, and tailing

.th. C.I.O. bribe in en open at a football field. 0 I so find Ph2 sought a \.ay of oppressing ccUsecL \'dlo w a s invos'ti..iing Irli.? case as a0wy of relieving himself. For the a.ovo roc0sens I find, 'the accuso • act guilty on the count he stands charged as well as on the hltcriativo count which, has not b on proved nor cons.flt to - prosecute cbt:,inod from the Director cf . Public Prosecutions. HLi is acquitto.d and discharged." Piida o Y_rattorney, who appeared on behalf of . the Director of Public Prose cutiens attached. the judgment of the lea.ied district magistrate on scvraL grounds, amongst thich ware: That the contradictions roferred to by the magistrate i.e. aDOut 'whore the rcspend.ei:t put iho nimoy and why he was ~ jcjt arwostd imnidie,teiy on • iac.oipt 0 f th were not .t au matori' 1 'to 1)o cLarga The iseuc s whother the aa as al1,;cd. or not; . ./5. '••I. e' • •,,, . - -- - 5 that it V? S flG -t; iiapossiblcl fr the rospcnccnt. to havo first put tUC 1fC3T :1i1 trousr itot and t[iii in uh. sLIirt pCk(t fld h..; 1 1iIIO3SOS ObSGV3d. thcso incidonts. at difforont . tirnos; thjt th; r'ñs ivn by iio polico W1:flCsS..S for not • arrsi;2nc.. •Li, ruspoiaJ21rt iinmcdjtaiy on ret.t • cf he.saony '•oro rcascn:blo .nd sh u1d ün boiivd:; that he rcforonco on th d.cmoanour of P72 is nt siippord. by the rocord of • prOCO3CiiflS Si11CCJ nothing ' f the sort ws rGcorde ..

by ;bhe trji:.1 fl1d(1SrtO i2.0 t:i1 Li3tra1:.c sxic1d hcva considori tii rs:,J.jatts rsj1s for rOñ'sinyto. 1e socrchec nd that -Ui bsic.e of indp-nt witnoss was not £atoria1 to 1;1, io c.se . Ho .ciso sulmit b:.;d • bh Lngiic . twa1 tho trial magistraio c1 ny t!i..: h ia sl b.ni on acqu•itbing the rosondnt. . Eo bn prycI hc eurt ic' allow thc appcai • mcI to su s1itito cnvictien for the aoquittl. Thc rLspcnt, \±10 pp ned in pccscn t GhL. nL1ng of this appeJ submitted th.t the pros cationdid in.fact fail to preve ti.1O: charge against him. lie stated that this is because none of the witn:sses saw -the meiicy being handed to him ncr was - the maoy used in the trap f owed in his possesiun. Ho then ropeatcd thu caatrdictins rferrcd to by the trial magitrato ind submitted th Tha tril nagistrato was right in disbçlicving I the prosccutin Witnss.s. Horcuustodthi cL, u-_(t to dismiss.. this appeal I must say th t I have had. considerable difficulty in und.?r.s.tii:idind, the jugaont of the trial c.urt L.nd th rcdsoniiig pcie inin t bh . issucs r&id b the trel L1agisrtC himself. If one istb 'go by the issues fie.med.by the trial magistrate one would be' oxcus.d to say thut he doliberatply rcfraind ron cniing to spocific cOflClu5lcnS on the issus ho raised. Bc that a's. it may I shll now proceed to consider .tiip. grouiids. raised in inis appeal. .. Wi It would, I tillink, , be uor

ppropriV uC th 1 tn hc socnd ground of appo..1 whcrc'ih the 'Dire ctr 'of Public Prqsecjtons complains .e.;b..ut, the c ntr,dicti .115 relied cn by the tric.l Liegistrato in disbelieving the uat. ial prosecution witno sses. The contradictions roforrd t by the Li 4st,r.to rlate to thc circum:3t:nces imdur which the rOSp•O).ddllt was s.id o have received the jl.Dney and whore ho put the money after rocciving it. Robert (P2) .st: td that ho 11 :nded the LJ.flOy to the respc.ident in an cpen IilcO on a r.ad and he was "suppertod en this.,by hisi].ca (Pbi) wno stated that the mcnuy was nanded at a cross - road. Charles (P:5) who was at the time hidd.ng in a banana plamation with hlSikEL sted :th.t the handing over of,' the money t tho r'esunde..it t:.'ok piLce at the rOnd efa fc. otb4l. field0 These woro the only prosecution witnesses ;.hc claimed to have witness d thc. rqspondent receiving the money, and according to Kisika the respondent put the Licmoy in, : kis' right shirt pocket while .acc.ord.i'.g. tc Rcbrt he put the ienoy in his trcuscr pocket. •crea:ri.s also ttd thL.t the respon ant put the m.ey in his right trouser pocket. The main issue in this rspOt was ther.f ore whether the ruspon.:.unt received the money as allgod by the witnesses. Yihero he put tho ncn...y was a subsidln.rj and very miner issue which had tu be, dealt with only aftoT answering the main, issue. ihe

trial maistrato h.d :thorofôr to -. address.. himself to the iostc of receipt of the mnoy by the respcmdunt and - the qu,st.ion of:whero the rospndcnt put the aenoy, which was a matter of crddibility of the witnesses, had to be. related' t. the main issue. This he totally failid to do. It is ,thru±oro inc.ribent upon this c urt, as .6. first ape.11atc c urt tc c:nsiJer this issue .n the basis of -the evidence and come to a cnclusi en it. This Sem.:., iSSUe, hoWever, alsd cc.nccrn the 3rd. and 4th gr.und n f appeal wherein the Director -of -Public .Prcs ctuticn complains of the nagistratos findings en the crcdi'oility of P 172 and his ovural evaluation f the prosecution case0 I slat 11 th..rof ru c nsidor vi,cnc, rlting to the 'runds , 3 :3.10 4 ï apr...... 1 ec;e ,3'-r. 0 0• • •• • L/ ' oo_i'çc •• -rn - q- ' OL 0 11 I -nO '- 0 I 1 LJ'- OLflU.00LTIO sriL Io0IT:D. T -Ta YTq f' - : -cA CLfl T.ILJqIM LT)L)UOEIS\I Oiq •oq UOA 0A RO ' 0Li. U flf OU .03j LII 01 1[J °O0LT2IAO UO ' r TTTLIT(IO U'\ .0112 ItO OS?C Lt"Tq4JO';q1) u ooput 0T0 SILT TT)M OL 00 LICt LV 'q .T1.JU10H os LTsflO paxnqo OAl2T W[IIOPA p0CY1012. 0L 00L pOSE 0.I(LII L 9L1fl q.U0LI1!o0 '?1i212tt 'OLTI jLTT -n1JT,; GI11q qiocic-ns E4 I20I OL9 r 011 'pLtIt [8t11I LT{P TTOJ t0 Rm. qttouos0 Lt (IS0.1 :tfl XLCIO 0 LTTh:S OA'OLT . 2000 CTflThI• cL[ q12Lq P4"'1- 00112 011 •UOJr1[ ou 0q oJ'q. o oct qsno 1 U0I12AIOSCtO OIT,q..

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nsiachiar±i (P/3), nis. evidence sh...ulci have ben believed as his credibility was nt.t successfully inpecind to any dogJ:uo.. Thoro 1 c tan t s qa bi f hc circun t no s uar \ hich the She. 200/= eas tpickedf frc.ja th. vicinity of Cl..;ctin's -hcuse. It was ccrinen gr wad that, 12.'71 and ?J2Lv.rhdn taey t..lc .....un ef CO his 11avill received a and th.t ho enly SubLiittd. to a se rch after beign so oreor.d. cy . illS suJ.acicr Tidclis (P\T4) :.... stated. that the fight took place horo there ISB tli..t the grass was ..h ut 1* fact tall. That is where at s.id ho picked the incy wnen h, at cut .:F S rOOLI to search ar.und the builairg. That :Ls what tho.cthur natrial pcsecutien witncss.s also st:.ted alth ugh hnc of then actually sa.' hire pick tho FICIICy. The iaunb.rs .:L the two eu.rroiicy net...s u picked talli;d with the nuiib.rs ci'tho.. .piice of paper in poss..siLn of Kisia. Since the si10 notes were hncL;d t.. RThert by Jisika at the ti.ia. cf la•ing the trap and the sane voro feund ct the place where the rcspneent f ugh the two policonoii, only (.110 ..... inference ceuld be drawn and thai; is tht it ws the rsp.ndqñt . ....a. who throw it there in th course cf the fight. The fabt that Pideli I s was nt search..cI bof crc he wont cut or that the other two police officers were Llsc nt s arched would act change th. eituetien enco their credibility is £J.Ot ..d : ITht0

In fact ib uld ii ye ..n pr c ic 1 a. iosoi nlity .{ r tn.c rasp J.I to scorch to polioc ci'.icors a10 ccnir itan hir. since ho im..diately jurp...d an thoLl vhon they tld hiLl of their sUGlDiCiOfl... a ceuld conuctLdnly be interpreted s kncvil..dgo oi his part that what ho had (-1 no h.ed bon dsccvorcJ. It clL.rI.y a reaction of a p.rs..n with a gixilty c.ncienco On tins evidence, I an setisficd bh rce)t .L the S 200/= by bIIC rcspLucLLnt frn Roberb was proved buycncl roesoniibl.. doubt and that it was rcspenT:ent vho .uring the fight throw the two urracy notes .. whore Pideli's picked SanG. Reb e rtts oxplanatich as to w.Iy. ho 1a,.dcd to the rospohdnt. only Shs. 200/=. and not the wholo Shs. 200/= given to hire did nct affect. the evidence of .±'ecc-pt of the Shs i 200/=* it wao in any case not an unreasonable explanation. The only questi on rciaaining thorcfc;r is who thor Land he corruptly sulicitedLroceivd the aeney. Having accepted Robcrtts .evidc.ric.a. of the........rcunstances leading to the giving of the n .noy, thero rename no doubt at all th...t the rospc'ncLit corruptly solicited and rucciv.d the s. Thorc is c W. ubt at ll n t wnLn h... d d frou Robert ho was so .Jcixig 'ad.vanago' within, the . Leaning of . section 3 (1) of the Prventicn of Coruuption At and that the denand. was raad.e as an induce'.:cnt to lore aQa' prosecuting him. This'. moans that the charge

laid against hiri under scct.ion 3 .(l) of tho Prevention of Oorru.pticn Act was prevod. beyond roas'. noble doubt. I therefore .greo with the cLo.pl...iilt by the Diroctu of Public Prosecution that the lanrned district L1c. ) iStTL.tJe erred in holding that the presoc. tion had fail ni to prove its c.50 beyond roas enable d ulat. I find tho pr9eCutien .eas. to i -r ye been so xcovod and I accordi... gly sot cesiOe the r'pono.ent's acquital en that charge and substitute :thore'en C. cr. nrictc.n The rosp. iieunt thuroiorc . stan.s ccnvictod f ti ffanc.. ccrru.pt ransctin ith gcnt ccntr..ry to s...ctien 3 (1) cf the Provantidn of Corrupticn Act. I would. cnJ.y rj.n,rk tht tac inclusion :f the ..lternativo chergo in th.. chrgc shet en which the was triad, was chrgc inpropor since c. nent to proceed \iith 'GJeo.tLas provici. d by section 18 of the Act was never obtained. In any cas. there was no evidence to support tho oh. .rge on the alternative count. i\\) . f. 'j3 • JUDGE. . •. . . ........,,/• Dc1ivrod in c t tai 5th to of uly 1976 in the prscnce of Mr. FinJa State Attorney but in the obbsnco of the respondent. Mr. Pinda: I rust tha a warrant of arr, si io issad s. tht the rospc.n ; . out can 100 brought 1ce thi cL;ut for sentence. Order: arrant. of nrrest to issue against respond.nt* th i-i should cnon, Ba orught cot ore his c.sii i or sieonco .iJJL10 C!.iatoly on

arrest. F (JUJC1L. 15/10/75. Corara: R. B. Ma.nga. - Judge-. Mr. Pinaa sr the Repabic aiDi)ellDOit. R-csp. ndent presonc unuor arrest. Mr. Pinda: Respondent has coon br:ught to OWt under arrst as. was ordered by this c;urt on 6th July 9 1976. Curt Bsp ud rt ii r of the subs nec of th jt Jg nt which was delivered en 6/7/76 and is asked if he has anything to say Before sentence. RospenJnt I a ia a, young p CL)1 e ira f L aly 'f thr. My parents are very . -old. :.ed they were dopncient i 1 ne. I hav a young o y hc iS eepacLiit on iy sun, crt f I e acati on in a p1Vu Sc ry I i iarrid with t o cnildren. I rqust tic c n 1 uc - Le ii t is into ace unt since if I an sent to prison ny •iaoily is B und t; suffer. I do nt intend to appeal. S E h T IS ii C IS Athcugh the rcspendbnt is a first offenJor and a •young person with heavy fenily rspaasibi1ity this court has no discretion to; •iuposu -. santo-nec lss tilCfl the ;einis:oun provided. By Lie Tji ani S Laces act 9 1972. The rL spnoent is acordin1y sontehccd ta ;3 years inprisnmaont which is the n±iiinaa sa t.eico under - the Mininun bcnt•-;ncos Act. M;ANZA. R B. B. IaCN 15TFI-0CiOB-R- 9 1976 JUD(E.