Principal Resident Magistrate Isaya Arufani issued such order after granting an application for execution made by Mr Mabanga, through his advocate Francis Mgare, after Zitto refused to accept summons requiring him to show why the decree against him should not be realized.
The attachment of Zitto’s salary is part of execution of a decree issued in favour of the businessman for defaming him. In addition with the monetary compensation, the court has also ordered Zitto to apologize to Mr Mabanga for linking him with bribery transaction in mineral deal.
In his application, Mabanga sought for orders that the decree of the court should be executed by attachment of Zitto’s salary from the paying authority, the Clerk of the National Assembly of Tanzania.
He also requested that Zitto, the youthful MP from the country’s main opposition party, Chadema, should be compelled to write an apology on his website and social media where he previously published defamatory statements against him.
Before issuing the order in question, advocate Mgare informed the court that Mr Zitto, who is also Chairperson for Public Investments Committee was served by Nasim Auction Mart with the summons to appear on January 31, this year, but refused to accept the summons.
Following such refusal, the advocate invited the court to apply Order 21 Rule 21 (1) of the Civil Procedure Code to order the execution to proceed. After being satisfied with the submissions presented by Mr Mgare, the magistrate granted the request.
After the court session, Mr Mgare told the ‘Daily News’ that his client would file another application before the court for the arrest of Zitto so that he could state categorically when he will publish the apology as ordered by the court.
Zitto published defamatory statements on his website and on the social media linking Mr Mabanga to allegedly a well known fixer in Africa, with corrupt transactions on energy deals in the country.
But, when he was called to substantiate the claims before the court, Zitto failed to do so. As a result, Senior Resident Magistrate Sundi Fimbo entered a judgment requiring him to apologize to Mr Mabanga on his website and social media where he published the defamatory statements.
The court further restrained Zitto, his agents, friends, assignees, colleagues, servants, workmen and whoever is acting on his behalf from publishing and or continuing to circulate the defamatory words against the businessman.
In addition, the court ordered Mr Zitto, who is also Chairperson for Public Investments Committee to pay 3m/- damages and costs of the suit.
Mr Mabanga allegedly played many roles in enabling multinational investors to secure ‘smooth’ investments in many countries — including Tanzania and the Democratic Republic of Congo (DRC).
Mr Zitto tabled in Parliament a private motion in November 2012, calling for investigations on some Tanzanians believed to have stashed away billions of shillings abroad, especially in Switzerland, New Jersey and Cayman Islands as well as Mauritius.
In his motion, Mr Zitto said he believed some Tanzanians with offshore bank accounts made money from corruption deals and tax evasion. The unnamed individuals, according to him, made ill-gotten money through procurement of military hardware, as well as energy and mineral deals.
He named Ophir Energy, an oil exploration firm, as one of companies that dished out hefty bribes to government officials to be awarded three oil and gas exploration blocks in 2004, 2006 and 2007 and Mabanga was the fixer who facilitated the award of licenses for oil explorations.
Mr Zitto allegedly said that in 2004 and 2005, prominent South African politician Tokyo Sexwale, made a business trip to Tanzania bringing with him two friends, before setting up a firm known as Ophir Energy Tanzania Limited.
Such company allegedly owns blocks 1, 3 and 4 off the Indian Ocean in the Southern parts of the country. He further stated that Sexwale was allegedly introduced in the country by Mr Mabanga. But the latter asserts that he never bribed any government officials to secure the oil deals in Tanzania.