Tundu Lissu Receives Four-Year Sentence for Incitement

Tanzanian opposition leader Tundu Lissu has been sentenced to four years in prison for incitement, following his acquittal on treason charges. Lissu, chairman of the Chadema party, was held in remand for 577 days before the court delivered its verdict. The High Court in Dar es Salaam found Lissu guilty of incitement under Section 390 of the Penal Code, which covers soliciting or inciting another to commit an offence.

The court initially charged Lissu with treason, alleging he intended to incite the public to block the 2025 General Election. However, the judges ruled that the evidence presented failed to establish the essential ingredients of treason. Despite this, the court convicted Lissu of the lesser offence of incitement, citing Section 319(1) of the Criminal Procedure Act. This section allows a court to convict an accused person of a minor offence if the evidence is insufficient to prove the major charge.

Justice Dunstan Ndunguru, head of the three-judge panel, stated that Lissu's statements encouraging the public to block and disrupt the 2025 General Election met the criteria for incitement. Several prosecution witnesses testified that the accused's statements incited them to disrupt the election. The court convicted Lissu pursuant to Section 390 of the Penal Code, which carries a penalty of up to five years in prison, a fine, or both.

During the sentencing hearing, State Attorney Nassoro Katuga urged the court to impose a severe sentence, citing the gravity of the offence and the need for deterrence. He referred to police data indicating an increase in cases involving public incitement and lawbreaking for personal, political, or economic gain. Katuga also cited a report by retired Chief Justice Mohamed Chande Othman on violence during the 2025 General Election, which linked political statements to public violence.

Lissu's defence argued that the case was political rather than legal, claiming that the judiciary was being used as a political battleground. Lissu himself addressed the court, stating that he had spent 577 days in remand facing treason charges, only to be convicted of incitement, an offence with which he had never been charged. He maintained that the original charge had not been proved and that the court had found him not guilty of treason.

The Chadema party has announced plans to appeal Lissu's four-year sentence and seek bail. The party's decision to appeal raises questions about the basis for convicting an accused person of an offence with which they were not originally charged. The court's decision has sparked debate about the limits of free speech and the role of the judiciary in Tanzania's political landscape.

Lissu's conviction and sentencing have significant implications for Tanzania's opposition and the country's democratic process. The case has highlighted concerns about the use of treason charges and the judiciary's role in resolving political disputes. As Lissu begins his four-year prison sentence, his supporters and the Chadema party will likely continue to advocate for his release and challenge the court's decision.

Key points

• The court's decision to convict Lissu of incitement has raised questions about the basis for convicting an accused person of an offence with which they were not originally charged.
• Lissu's sentencing has significant implications for Tanzania's opposition and the country's democratic process.
• The Chadema party plans to appeal Lissu's four-year sentence and seek bail.