Why Lissu may sue government, telecom company

On September 7, 2017, Mr Lissu was shot 16 times at his residence in Dodoma. He subsequently underwent 25 surgeries in Kenya and Belgium.

At the time of the attack, Mr Lissu was serving as the Member of Parliament for Singida East.

Speaking to journalists in Dar es Salaam on Wednesday, Mr Lissu explained why he had never filed a lawsuit against Millicom.

“I didn’t go to court because I didn’t have enough evidence. But now we have sufficient evidence to file the case,” Lissu said.

Mr Lissu’s statement follows a story in The Guardian of UK.

A September 24 article in the newspaper says that the gunmen who tried to assassinate Mr Lissu were able to locate the victim’s whereabouts because a telecoms company secretly passed his mobile phone data to the government.

According to The Guardian, the arrangement, which Tigo does not deny, was revealed in a claim by a former internal investigator for the company that was heard at the Central London employment tribunal this month.

According to The Guardian, Michael Clifford, a former internal investigator at Millicom and ex-Metropolitan Police officer, claims that Millicom fired him for raising concerns about the affair.

Reacting to the revelations on Wednesday, Mr Lissu said though under Tanzania’s laws such a case would be time-barred, there were provisions in the law that could allow him to proceed on the ground that he has acquired new evidence.

“Cases like these, under our laws, have a three-year statute of limitations from the date of the event. However, the law states that if there was information or evidence that you did not have, the three-year period starts from the day you obtain the new evidence,” Mr Lissu said, noting that the three-year limitation period started counting from Wednesday because he had obtained evidence that he did not have before.

He said he would ask the London Tribunal that’s currently handling the case to compel Millicom to reveal the names of officials that requested for his communication details from Tigo.

“Since Tigo has been mentioned, they must disclose the involved parties. This incident traumatised my family, relatives and Tanzanians,” Mr Lissu said.

He explained that because Tigo’s parent company operates in countries like the UK, where the case is unfolding, they will begin legal action there.

Millicom exited the African market after selling its stake in Tigo to a consortium led by Madagascar-based group Axian in a $100 million deal that was officially completed in July, 2022.

“I have instructed my lawyer to start the legal process, and we are preparing for international legal representation in places like Florida, Stockholm and the UK,” he said.

During the period leading to his assassination attempt, Mr Lissu said he had a series of run-ins with the fifth phase government of the late John Magufuli.

He said that under Magufuli’s rule, he faced seven legal cases. He said the last case was his opposition to the former President’s stand on mineral concentrates which was the reason behind the departure of Acacia Mining in Tanzania. Such a position, he claims, led to his 24-hour surveillance.

Mr Magufuli died in office in March 2021 and the sixth phase administration, led by President Samia Suluhu Hassan, came into office.

The coming into office of the new president saw Mr Lissu returning to the country from self-imposed exile in Belgium, where he had lived since surviving the assassination attempt.

Data protection

Analysts are emphasising the need to uphold people’s privacy under existing laws in Tanzania. Advocate Matojo Cosatta pointed out that, in addition to Article 18 of the Constitution, several laws, including the National Payment System Act, Electronic and Postal Communications Act, and the Cybercrime Act, safeguard individuals’ privacy. However, exceptions apply, particularly with court proceedings and issues pertaining to national security.

Mr Cosatta explained that many people are unaware that SIM cards and mobile networks operate under contracts, which include privacy clauses. He noted that while personal information can sometimes be disclosed, such as for technical assistance or by court order, this is governed by legal procedures.

The Director of Advocacy and Reforms at the Legal and Human Rights Centre (LHRC), Mr Fulgence Massawe, expressed concerns about the misuse of personal data by telecom companies. He called for amendments to laws that violate personal data protection, citing the recent enactment of a data protection law.

Tanzania Human Rights Defenders Coalition (THRDC) National Coordinator, Onesmo Olengurumwa, condemned unauthorised surveillance and sharing of customer data, urging individuals to take legal action if their information is disclosed without consent.

Government representatives could not be reached for comment despite efforts to contact them.