Dar es Salaam. Authorities in Tanzania have levelled four charges against Emmanuel Elibarick alias Nay wa Mitego after the artist-cum-activist released a song highlighting reported cases of forced disappearances in the East African nation, calling for an end to them and accountability for the perpetrators.

The National Arts Council (BASATA), a government agency regulating all artists in Tanzania, has accused the artist of violating established regulations governing artistic works in the country, including releasing the song without the body’s approval.

In his 3:25-minute track Nitasema, or I Shall Speak in English, Nay wa Mitego expresses his disappointment with the arbitrary disappearances of government critics and the authorities’ alleged lack of interest in investigating the incidents. He believes this fills many with fear about their safety.

“The one we expect to condemn [these incidents], describe them as drama,” the artist raps in the song, referring to President Samia Suluhu Hassan’s September 18, 2024, remarks on the issue. The Head of State has condemned the incidents and has called for investigations. “Would you dare call them a drama if it were your child [who disappears]?”

In the song that sits at number one on YouTube within just three days of its release on September 24, 2024, Nay wa Mitego explicitly names the Police Force as the chief perpetrators of kidnapping, questioning the logic of allowing them to investigate cases in which they’re also the accused. Police deny any involvement in the practices.

READ MORE: Nay Wa Mitego: Artist Who Speaks Truth to Power Battles With Authorities’ Attempts to ‘Silence’ Him

“Those coming to abduct you come as police,” Nay wa Mitego raps in the song featuring another Bongo Flava artist, Raydiace. “But you’ll never be found in any police station. [People] find you while you’re dead, and the police investigate [the case]. Then, police are assigned to apprehend the police.”

Charges

However, in a charge sheet published online by Nay wa Mitego’s lawyer, Jebra Kambole, BASATA accused the artist of “incitement” by alleging that the government was responsible for abducting people. 

The agency also accused Nay wa Mitego of “misleading the public” by saying President Samia had failed in her leadership by failing to deliver on mega projects she inherited from her predecessor, John Magufuli. 

BASATA also accused the artist of “defaming other countries” by saying that there’s violence in the DRC and Rwanda, which it fears could cause a diplomatic row between Tanzania and its fellow East African Community (EAC) member states.

BASATA had summoned Nay wa Mitego to its offices in the city centre. Still, the artist and his lawyer, Mr Kambole, said no meeting occurred, and they were only provided with the letter containing the charges. They only have seven days to respond to each charge or face the legal consequences, including suspension, fine or both.

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“We’ll respond accordingly to the charges BASATA has raised,” Mr Kambole told journalists at the agency’s premises. 

“But we know that artists in Tanzania have a long journey to walk until they can enjoy their artistic freedom,” he added. “Because it doesn’t make sense for an organisation to become the complainant, prosecutor and a judge.”

Mr Kambole also said it wasn’t acceptable for artists to take their songs to BASATA for approval before releasing them, arguing that the arrangement forces artists to self-censor their ideas, directly affecting their artistic works and freedom of expression.

Payback

Nay wa Mitego told journalists that he does what he does for his fans as a payback for what they have been doing for him for years. He added that he’ll never stop making music advocating for justice because he believes that’s the only way he can meaningfully serve his fans and the country in general.

“[The fans] are the ones who gave me this voice that I have now,” the artist said during a short news briefing. “[Music] is the only thing I can do for my fans, fellow downtrodden, and compatriots. What I’m experiencing now is a cost I’m willing to pay to serve my people meaningfully, and it won’t distract me from my artistic duty. Aluta Continua.”

READ MORE: Artists in Tanzania Demand Creative Freedom: ‘We’re Being Censored’

Since the release of Nitasema, Nay wa Mitego’s fans have been running a fundraising campaign to show their love and support for the artist. Nay wa Mitego told journalists that Sh13 million had already been raised by Friday afternoon. The campaign is still ongoing online.

Nay wa Mitego is no stranger to trouble with regulators. In the past, several of his songs have been banned for their alleged anti-government messaging, with authorities even attempting to prevent him from performing in various parts of the country.

BASATA, for example, banned Amkeni, which translates into Wake-up in English, for criticising the controversial contract between Tanzania and Dubai, which would see the Emirate’s multinational entity, DP World, operate, develop, and improve Tanzanian ports. 

Authorities claimed the song “pit[ted] the people against their government, and it incites people not  to receive government development plans positively.”

No artistic freedom

All these happen in the context of artists and other stakeholders working in Tanzania’s creative industry decrying the repressive nature of authorities in the country in their relations with art, which affects not only artistic freedom but also artists’ welfare.

READ MORE: Court in Mbeya Drops Case Against Artists Who Sung About Police Brutality

Robert Mwampembwa is a Managing Director of the Cultural Industries Network Tanzania (CINT), a not-for-profit organisation championing the welfare of the country’s creative sector, including addressing legal and policy issues that affect it.

During an interview with The Chanzo in November 2023, Mr Mwampembwa complained that Tanzania’s authorities have become increasingly obsessed with silencing artists who express alternative viewpoints, condemning the practice as counterproductive.

“Let’s be honest here,” said Mr Mwampembwa, who has been vocal in his opposition to state censorship in Tanzania. 

“No artist is free in Tanzania,” he added. “No artist in this country can produce an artistic work that directly or indirectly criticises a certain leader, especially the president, and remain safe.”