The High Court of Tanzania's Dar es Salaam Sub-Registry has acquitted Tundu Lissu, the national chairman of the Chadema party, of treason charges. The decision was delivered on Friday, November 6, 2026, by a three-judge panel led by Justice Dunstan Ndunguru. The court ruled that the prosecution failed to prove that Lissu intended to intimidate the government through his statements.

Although Lissu was acquitted of treason, the court convicted him of the lesser offence of incitement. The judges found that the prosecution had established the elements of incitement, which is an alternative offence to the original charge. According to Justice Ndunguru, Section 319 of the Criminal Procedure Act empowers the court to convict an accused person of a lesser offence, even if it was not separately included in the charge sheet.

The court considered evidence from both the prosecution and the defence and concluded that Lissu's statements urging the public to prevent and disrupt the 2025 General Election amounted to incitement. Some prosecution witnesses testified that Lissu's remarks had influenced them to participate in activities aimed at disrupting the election. The court found that Lissu's statements met the criteria for incitement under Section 390 of the Penal Code.

The ruling brings the treason proceedings against the opposition leader to an end, although he has been convicted of the alternative offence. Lissu's conviction is based on his statements that urged the public to disrupt the 2025 General Election. The court's decision was made after carefully considering the evidence presented by both sides.

The acquittal of treason charges against Lissu may come as a relief to his supporters, but his conviction for incitement still carries significant implications. The court's decision highlights the complexities of Tanzania's laws and the challenges of balancing free speech with public order. Lissu's case has been closely watched by Tanzanians and international observers alike.

The Chadema party and Lissu's supporters have not yet publicly commented on the court's decision. However, the conviction is likely to have significant implications for Lissu's future and the opposition party's strategy. The court's ruling may also have broader implications for freedom of speech and assembly in Tanzania.

The case against Lissu was widely seen as a test of Tanzania's judiciary and its commitment to upholding the rule of law. The court's decision demonstrates that the judiciary is willing to carefully consider complex cases and make nuanced decisions. The ruling also highlights the importance of Section 319 of the Criminal Procedure Act, which allows courts to convict accused persons of lesser offences.

Key points

  • The High Court of Tanzania acquitted Tundu Lissu of treason but convicted him of incitement for urging disruption of the 2025 General Election.
  • The court's decision was based on evidence that Lissu's statements amounted to incitement under Section 390 of the Penal Code.
  • The ruling brings the treason proceedings against Lissu to an end, but his conviction for incitement carries significant implications for his future and the opposition party's strategy.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.