Tanzania's High Court has sentenced opposition leader Tundu Lissu to four years in prison for incitement, a charge that carries a maximum penalty of five years, a fine, or both. The ruling was delivered on November 6, 2026, by a three-judge panel of the High Court sitting at the Dar es Salaam Sub-Registry. Lissu, who chairs Tanzania's main opposition party, Chadema, had faced a single count of treason under Section 39(2)(d) of the Penal Code, Revised Edition 2023.
The court found that the prosecution had failed to establish the criminal intent required to sustain a treason conviction, and therefore acquitted Lissu of the treason charge. Treason is considered a crime against the existence of the state and carries the death penalty upon conviction. However, the court convicted Lissu of the lesser offence of incitement under Section 390 of the Penal Code. Judge Dunstan Ndunguru, who presided over the panel, said the court had considered evidence presented by both sides, including testimony from prosecution witnesses.
The case arose from remarks Lissu allegedly made during a public rally at Chadema's headquarters in Dar es Salaam on April 3, 2025. The prosecution alleged that Lissu intended to mobilise citizens to prevent the election from taking place and disrupt the electoral process if the government failed to implement the party's demands for changes to the electoral system. Lissu denied the allegations, arguing that his remarks had been taken out of context and that the case was politically motivated.
Lissu was arrested in April 2025 and remained in custody throughout the proceedings. After presenting 17 witnesses and closing its case, the prosecution was followed by a High Court ruling on August 21, 2026, that Lissu had a case to answer, requiring him to enter his defence. He subsequently took the stand in his own defence, arguing that the case was linked to his longstanding campaign for a new Constitution, electoral reforms, and democratic accountability.
In his defence, Lissu maintained that his political statements should not be interpreted as evidence of an intention to commit treason, insisting that his calls for changes to the electoral system were part of legitimate political advocacy. The judge referred to Section 319 of the Criminal Procedure Act (CPA), which empowers a court to convict an accused person of a lesser offence where the evidence fails to establish the principal charge but proves an alternative offence.
The court's decision has significant implications for Tanzania's opposition and the country's democratic process. Lissu's conviction and sentencing have sparked concerns about the government's tolerance for dissent and the restriction of political freedoms. The case has also highlighted the challenges faced by opposition leaders in Tanzania, who often face harassment and intimidation for their activism.
Lissu's lawyer and human rights groups have expressed concern about the court's decision, arguing that it undermines the country's democratic principles and restricts freedom of expression. The case is likely to have far-reaching consequences for Tanzania's opposition and the country's democratic process, and may impact the 2025 General Election.
Key points
- The court acquitted Lissu of treason charges but convicted him of incitement.
- Lissu was sentenced to four years in prison for incitement.
- The case has significant implications for Tanzania's opposition and democratic process.
Reporting sources
- Tanzania court jails Lissu for four years, acquits him of treason · The EastAfrican