Tundu Lissu treason case set for High Court, adjourned to July 30

Dar es Salaam. The Director of Public Prosecutions (DPP) has declared readiness to proceed with the treason case against Chadema national chairperson Tundu Lissu, paving the way for its formal transfer to the High Court for trial.

The announcement was made on Tuesday, July 15, 2025, before the Kisutu Resident Magistrate’s Court in Dar es Salaam by Senior State Attorney Nassoro Katuga, who is leading the prosecution team.

The case was listed for mention to update the court on the DPP’s decision regarding the next steps.

Mr Lissu, a prominent opposition figure, is facing a treason charge initially filed at Kisutu for preliminary proceedings. Under Tanzanian law, the High Court has exclusive jurisdiction over treason cases.

Each court appearance has been marked by sharp legal exchanges, with Lissu repeatedly challenging delays and demanding either dismissal or immediate referral to the High Court.

On July 1, the prosecution told the court that investigations were complete and the case file had been submitted to the DPP.

On Tuesday, State Attorney Katuga informed the court that the DPP had reviewed the file and was satisfied with the available evidence.

“The National Prosecution Service and the DPP have reviewed the case file and are satisfied that the evidence is sufficient to proceed with filing information at the High Court,” said State Attorney Katuga.

He added that while the prosecution was ready to begin trial, it had filed a separate application, The Miscellaneous Case No. 17059 of 2025, under Section 194 of the Criminal Procedure Act (CPA), Revised Edition 2023, seeking witness protection measures, including identity concealment.

“This application is a legal requirement. Under Section 265 of the CPA, we request an adjournment to await its determination before officially lodging the case with the High Court,” he added.

State Attorney Katuga stressed: “To inform the court, investigations are complete and the DPP has made a decision. Since the accused has repeatedly said ‘let us proceed’, the time to do so has come.”

Mr Lissu strongly objects

In response, Mr Lissu strongly opposed the prosecution’s request for adjournment.

He argued that since investigations had concluded and the DPP had given approval, the matter should already have been filed in the High Court, rather than being subjected to further delay.

“I have now spent 97 days in remand alongside individuals facing the death penalty. I am tired of excuses. Under Section 262(6) of the CPA, the prosecution should have informed this court that the case had been filed, not offer new justifications,” said Mr Lissu.

He urged the court to deny the adjournment request, strike out the case, and release him unconditionally, citing repeated delays without legal justification.

Mr Lissu also questioned the timing of the witness protection application, arguing it should be filed after the case reaches the High Court, not beforehand.

He further stated that the case’s implications extended beyond his rights, noting that the judiciary was under scrutiny both nationally and internationally because of the political nature of the charges.

“This is an election year. The leader of the main opposition party is behind bars on treason charges—not because he is a traitor, but due to political motives. The aim is to silence dissent and weaken our call: ‘No Reforms, No Election’,” he said.

Mr Lissu disclosed that the European Parliament was scheduled to debate his case later on Tuesday and that the UN Office of the High Commissioner for Human Rights had contacted the Tanzanian government, calling for the charges to be dropped.

He added that the government is also facing a case at the East African Court of Justice over the same matter, including allegations of barring access to international and regional observers.

Prosecution denies political motive

In response, State Attorney Katuga dismissed Mr Lissu’s claims of political persecution, insisting that the prosecution was acting within the law.

“The accused’s arguments are meant to attract public sympathy. We are following proper legal procedures, not political or emotional considerations,” he said.

State Attorney Katuga added that allegations of political intimidation and abuse of power were beyond the scope of the Kisutu court and would be addressed in the proper legal forum.

Court grants adjournment

After hearing submissions from both sides, Principal Resident Magistrate Franco Kiswaga granted the prosecution’s request for adjournment.

He ruled that the case was still at the preliminary stage and the Kisutu court lacked jurisdiction to address substantive matters.

He also acknowledged that the application for witness protection was legally permissible under Section 194 of the CPA.

“The court finds the prosecution’s request for adjournment to be justified. The case is therefore adjourned to July 30, 2025, either for further mention or to await confirmation that it has been filed in the High Court,” said Magistrate Kiswaga.

Mr Lissu faces a single count of treason under Section 39(2)(d) of the Penal Code.

He is accused of inciting the public to block the 2025 General Election through statements made on April 3, 2025, in Dar es Salaam, allegedly aimed at undermining the Head of State.