Misc

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MTWARA AT MTWARA MISC. CRIMINAL APPLICATION NO. 15964 OF 2024 HAMADI VICENT CHIPUTULA............................. APPLICANT VERSUS THE REPUBLIC.............................................. RESPONDENT RULING 9th & 9th July, 2024 MPAZE, J.: This application seeks an extension of time to file an appeal out of the stipulated period, under Section 361(2) of the Criminal Procedure Act Cap 20 R.E 2022. The application is supported by an affidavit from Hamadi Vicent Chipula, the applicant. The applicant cites two primary reasons for this request, detailed in paragraphs 4, 5, 6, 7 and 8 of his affidavit being delays in obtaining copies of the proceedings and judgment, and issues with the eCSM system filing processing. During today's hearing, the applicant appeared in person, while Mr. Edson Laurence Mwampili, State Attorney, represented the Republic. 1 The applicant, being a layman was brief and straight forwad that, he prays the court to grant his application due to delays caused by network issues. He explained that he submitted his appeal to the admissions office within the prescribed time and diligently followed up, but due to network challenges, he was informed of the expiry of the filing period. Therefore, he seeks for the extension of time so that he could file his appeal out of time. The State Attorney did not oppose the applicant's request, acknowledging that the affidavit filed by the applicant has shown good cause for this court to grant the prayers. Upon considering both parties' submissions, the central issue to resolve is whether sufficient grounds exist to warrant granting this application. Regarding the first reason cited which is delays in receiving copies of the judgment and proceedings, I observed from the applicant's affidavit in paragraphs 3 and 5 that he received these documents on 18th March, 2024 while the judgment was read and delivered on 24th January, 2024. Since the applicant was required to file his appeal within 45 days, looking at the dates when he received these documents, it is evident that it was beyond 45 days. 2 However, it should be noted that the days for filing an appeal begin to count as soon as a party obtains a copy of the proceedings and judgment, and these are not just my words but are found in Section 362(1) of the Criminal Procedure Act, which states: ' Subject to subsection (2), an appeal from any finding, sentence or order referred to in section 359 (a) N/A (b) has lodged his petition of appeal within forty-five days from the date of the finding, sentence or order, save that in computing the period of forty-five days the time required for obtaining a copy of the proceedings, judgment or order appealed against shall be excluded. [Emphasis added] In the case of Director of Public Prosecutions v. Mawazo Saliboko @ Shaqi, Criminal appeal No 384 of 2017, (unreported) when interpreting section 379 (1) (b) of the CPA which is a replica of section 361(1) (b) of the same Act had this to say; ' We are therefore settled that the time for obtaining a copy of the proceedings and judgement for appeal purposes has been excluded by the law in terms of the proviso to section 379(1) (b) of the CPA. The appellant was therefore entitled to file his appeal within 45 days after 3 receipt of the copy of the proceedings and judgment. He need not apply for an extension of time to do so...' Since the applicant obtained copies of the judgment and proceedings on 18th March, 2024 the counting of days began from that date, with the 45-day period expiring on 3rd May, 2024. However, the current application shows that it was filed on 16th May, 2024, which is 13 days after the expiration of the 45-days period for filing the appeal. According to the rule that each day of delay must be accounted for, the applicant should have explained the reasons for these 13 days' delay in filing the appeal within the stipulated time. Conversely, he did not mention anything about these days and instead complained mainly about the eCMS system causing the delay, while also stating his reliance on the prison admission officer. Setting aside the reason for the delay in receiving copies of the proceedings and judgment, and focusing now on the issue of network problems, the law clearly outlines the procedures to be followed when there are network challenges in filing a case online The relevant law governing such situations is outlined in the Judicature and Application of Laws (Electronic Filing) Rules GN No. 148 of 2018. Section 24 of Rules specifies that periods when the electronic filing system is non-operational shall not count towards filing deadlines. 4 Nevertheless, user-end issues, such as those related to service providers, hardware, or software problems, do not constitute sufficient grounds for untimely filings. The rules further stipulate that parties facing technical challenges must promptly inform the Deputy Registrar or the Magistrate in charge ex parte by 15:00 hrs of the following working day for appropriate relief. In this case, although the applicant cited network issues, there is no evidence that he formally apprised the Deputy Registrar of these challenges. It is noted, however, that the applicant, an inmate, relied significantly on assistance from the prison admission officer, underscoring circumstances beyond his control. Acknowledging the acknowledged network challenges during the period in question, and recognizing the applicant's reliance on prison authorities for procedural assistance, I find sufficient cause to grant this application in the interest of justice. Accordingly, the application is granted. The applicant is allowed to file his appeal against the decision of Criminal Case No. 53 of 2023 from the District Court of Mtwara at Mtwara within 45 days from the date of this ruling. It is so ordered. 5 Dated and Delivered at Mtwara this 9th July, 2024. COURT: The^yling was delivered today in the presence of Mr. Edson Laurance Mwapili, State Attorney for the Republic, and the applicant in person. M. B. Mpaze Judge 9/7/2024 6