A three-judge panel of the High Court's Dar es Salaam sub-registry, led by Justice Dunstan Ndunguru, delivered the verdict on Friday, November 6, 2026. Lissu, chairman of the opposition Chadema party, was acquitted of treason, a charge that carries the death penalty. However, he was convicted of incitement, a lesser offence, and sentenced to four years in prison. The judges ruled that prosecutors had failed to prove a central element of treason: that Lissu intended to intimidate the government.
The court's decision was based on remarks Lissu made at a rally at Chadema's headquarters on April 3, 2025, when the party was campaigning for electoral reforms ahead of the October vote. Prosecutors say he told supporters the opposition would "block the election" and "mobilise rebellion". Lissu says his words were part of a legitimate campaign and were taken out of context. The prosecution called 17 witnesses, and Lissu defended himself, testifying and calling four witnesses, with 16 exhibits.
The four-year term sits at the heavy end of a range in which incitement is reported to attract a maximum of five years. However, it is unclear how much of the sentence Lissu has effectively served, as he has spent 19 months behind bars since his arrest on April 9, 2025. His lawyers will press for clarification on this issue. Lissu did not take the verdict quietly, telling the bench that he had been charged with treason, not incitement, and accusing the judges of manufacturing an offence on political directives.
The case rests on a complex legal issue, with Tanzanian procedure allowing a court to convict of a lesser offence in certain circumstances. Lissu's lawyers argue that this was not good enough when the accused had prepared and conducted his own defence against a single capital charge. The Court of Appeal, to which Lissu has leave to go, will decide whether the substitution was sound. Chadema spokesperson Brenda Rupia told Reuters that Lissu plans to appeal.
The verdict cannot be separated from the election it concerns, with Chadema excluded from the October 2025 vote and the two leading opposition presidential candidates kept off the ballot. President Samia Suluhu Hassan was declared the winner with 97.66 percent of the vote and a reported turnout near 87 percent. An African Union observer mission found that the polls fell short of democratic standards. The opposition and rights groups say about 2,000 people were killed in the post-election protests, while a government-initiated inquiry put the toll at 518.
The Lissu judgment lands in a widening crackdown on opposition leaders in Tanzania. In late October, senior Chadema figure John Pambalu was charged with treason, making him the second top party official to face a capital charge after Lissu. The pressure has also crossed borders, with the alleged abduction of Tanzanian dissident and former Chadema youth organiser Twaha Mwaipaya in Kenya on October 25.
The verdict has sparked mixed reactions, with the government's reading being that the courts weighed the evidence and convicted on what was proved. However, the opposition's reading is that a capital charge was used to hold Lissu through an election, and when it could not be proved, a lesser offence was manufactured. The case has highlighted the challenges faced by opposition leaders in Tanzania and the need for accountability and transparency in the electoral process.
Key points
- The court's decision has sparked mixed reactions from the government and the opposition.
- Lissu's lawyers argue that the substitution of the charge was not good enough when the accused had prepared and conducted his own defence against a single capital charge.
- The verdict has highlighted the challenges faced by opposition leaders in Tanzania and the need for accountability and transparency in the electoral process.