Tanzania High Court Orders Tundu Lissu to Open Defence in Treason Trial

Tanzania’s High Court has ruled that opposition leader Tundu Lissu must open his defence in a treason trial after determining that prosecutors have presented enough evidence for the case to proceed.

The decision was made on August 21, 2026, by a three-judge panel at the Dar es Salaam Sub-Registry. Lissu, chairman of the opposition party Chadema, has been detained for 14 months and now faces trial under Section 39(2)(d) of the Penal Code, Revised Edition 2023. If convicted, he could face the death penalty.

Background of the Charges

The charges stem from statements Lissu allegedly made during a Chadema meeting on April 3, 2025, at the party’s Dar es Salaam headquarters. The meeting addressed Chadema’s decision to boycott the 2025 General Election and purported plans to prevent the election from taking place.

Prosecutors accuse Lissu of inciting public action to obstruct the election and exert pressure on the government. Among the statements attributed to him were:

• “If they say this position amounts to rebellion, it is true ... because we are saying we will stop the election, we will mobilise rebellion ... that is how we will bring change ...”
• “We are going to make things happen ... we will disrupt this election for real ... we are going to make things happen very badly.”

Court’s Findings

Presiding judge Dunstan Ndunguru noted that the court’s role at this stage was not to assess the credibility of evidence but to determine if sufficient evidence exists that could support a conviction if unchallenged.

The court focused on three key elements of the treason charge, including Lissu’s allegiance to Tanzania, which was undisputed as he acknowledged his citizenship. The prosecution also presented testimony from a witness who attended the meeting where the statements were allegedly made, establishing a link between Lissu and the charges.

Judge Ndunguru stated, “Therefore, this court finds that the accused has a right to defend himself against the evidence presented by the prosecution.”

Next Steps

The ruling moves the case into the defence phase, allowing Lissu to respond to the allegations and present evidence in his favour. The case arises amid heightened political tensions over Chadema’s refusal to participate in the 2025 elections without electoral reforms.

Lissu has previously criticised his detention, arguing that the prosecution had not substantiated the charges against him.