The High Court of Tanzania has delivered a mixed ruling in the treason case against Tundu Lissu, the national chairperson of the opposition party Chama Cha Demokrasia na Maendeleo (CHADEMA). On November 6, 2026, a three-judge panel led by Justice Dunstan Ndunguru found Lissu guilty of incitement but acquitted him of treason. The ruling was issued at the High Court's Dar es Salaam sub-registry. Lissu was sentenced to four years in prison for his remarks urging the public to prevent and disrupt the 2025 general election.

The court's decision was based on evidence presented by both the prosecution and defense. Justice Ndunguru explained that Section 319 of Tanzania's Criminal Procedure Act empowers a court to convict an accused person of a lesser offense even if it was not separately included in the original charge sheet. The judges found that although the prosecution failed to establish the elements of treason, it had proved the alternative charge of incitement under Section 390 of the Penal Code.

The ruling has sparked mixed reactions from various stakeholders. Advocate Derrick Absalom, a Human Rights Legal Advisor and Litigation Expert at the High Court of Tanzania, tweeted that in Tanzanian criminal jurisprudence, an accused person can only be convicted and punished for an offense explicitly stated in the charge sheet or information. CHADEMA's Director of Publicity, Brenda Rupia, noted that the law has many dynamics, highlighting the complexities of the case.

The case attracted regional and international attention, with opposition groups and human rights advocates raising concerns about the prosecution of political dissent and its implications for democratic freedoms in Tanzania. Amnesty International had earlier pointed out that Tundu Lissu had been detained for over 19 months solely for the peaceful exercise of his human rights. The organization called on the court to release him immediately and unconditionally, drop all charges, and ensure he does not face the death penalty.

The conviction and sentencing of Tundu Lissu bring to a close one of Tanzania's most closely watched political and legal cases. However, Lissu's conviction for incitement remains, and he will serve a four-year prison sentence. The case has significant implications for Tanzania's democratic landscape and the exercise of free speech in the country.

The High Court's ruling has been seen as a significant development in Tanzania's ongoing struggle for democratic freedoms. The case has highlighted the challenges faced by opposition leaders and human rights activists in the country. The ruling has also sparked a renewed debate about the role of the judiciary in upholding democratic values and protecting human rights.

As Tundu Lissu begins his prison sentence, his supporters and human rights advocates continue to raise concerns about the implications of the case for Tanzania's democratic future. The case has significant implications for the country's opposition parties and the exercise of free speech, and it remains to be seen how it will impact the country's democratic landscape in the long term.

Key points

  • The High Court of Tanzania found Tundu Lissu guilty of incitement and sentenced him to four years in prison, acquitting him of treason charges.
  • The case has significant implications for Tanzania's democratic landscape and the exercise of free speech in the country.
  • The ruling has sparked mixed reactions from various stakeholders, including human rights advocates and opposition groups.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.