Simba Yanga fans fight in public

My brother is a Simba Sports Club fan. A few weeks ago, while watching a match between Yanga and Simba in a bar, he exchanged harsh words with a Yanga fan which led to a fight between the two. Other fans who were watching the match arrested the two and took them to the Police station. He was granted Police bail but has been told by the Police that they will be taken to court and charged with the offence of fighting in public. There are two things I would like to know from you. Is there an offence called fighting in public if none of the two involved in the fight sustains an injury and have not even complained or reported the incident to the Police? Was it lawful for the fans who were not victims of the fight to arrest my brother and take him to the Police? Was this arrest not illegal?
RS, Arusha

Fighting in a public place is an offence under section 87 of the Penal Code. The offence is called affray and it attracts a sentence of imprisonment for 6 months or a fine of TZS 100,000. Section 5 of the Penal Code defines a public place broadly to cover any building, public way or conveyance to which the public are entitled or permitted to access either without any condition or upon condition of making any payment. Hence, a bar falls within the definition of a public place. Section 16(1) and 14(1)(a) of the Penal Code confers powers on a civilian to arrest a person who in his presence commits a breach of the peace. Fighting in public is a breach of the peace for which a civilian is allowed to arrest without a warrant. It does not matter that those involved in the fight have not complained to the Police or have not sustained injury.