Mr Lissu faces one count of treason under Section 39(2)(d) of the Penal Code, based on remarks he allegedly made on April 3, 2025, in Dar es Salaam, calling on Tanzanians to prevent the 2025 General Election from being held
Dar es Salaam. Chadema national chairman and opposition leader Tundu Lissu will today, Monday, September 22, 2025, know the fate of the treason case he is facing when the High Court delivers its ruling on a preliminary objection he filed.
The ruling, to be issued at the High Court’s Dar es Salaam Registry, will be delivered by a panel of three judges, Dunstan Ndunguru (presiding), James Karayemaha and Ferdnand Kiwonde.
Mr Lissu faces one count of treason under Section 39(2)(d) of the Penal Code, based on remarks he allegedly made on April 3, 2025, in Dar es Salaam, calling on Tanzanians to prevent the 2025 General Election from being held.
He is accused of inciting the public by declaring: “If they say this stance signals rebellion, then yes…, because we are saying we will stop the election, we will incite rebellion… we will disrupt this election badly.”
Lissu’s objection
On September 16, 2025, Mr Lissu declined to enter a plea, arguing that the charge sheet was defective.
He told the court that under Sections 294(1) and 295(1) of the Criminal Procedure Act (CPA), amended in 2023, he could not plead until his objection was determined.
He said the charge sheet failed to disclose any offence, contrary to Section 135 of the CPA, which requires every charge to specify the offence and provide sufficient particulars.
He also pointed to inconsistencies between the charge sheet read to him at Kisutu Resident Magistrates’ Court and the one later filed at the High Court.
Mr Lissu further argued that mere words do not amount to treason unless they expressly show treasonous intent.
Referring to the Hatibu Gandhi case, he said an individual’s words alone cannot constitute treason, adding that his alleged statements did not mention the Government, Parliament, Judiciary or their leaders.
The opposition leader has indicated that he intends to summon President Samia Suluhu Hassan, Vice President Dr Philip Mpango and Prime Minister Kassim Majaliwa as witnesses.
State’s stance
Principal State Attorney Nassoro Katuga asked the court to dismiss the objection, insisting the charge sheet was valid. He argued that Mr Lissu had not demonstrated any defect in the charge, which he said was properly framed under Section 138 of the CPA.
He explained that the law requires charges to be stated in plain language and that the treason charge against Mr Lissu met that threshold.
On the substantive allegation, Mr Katuga said Mr Lissu is accused of publishing statements with the intention of threatening the Government, as set out in Section 39(2)(d) of the Penal Code, which was amended in 2022.
He also dismissed claims of inconsistencies between the Kisutu and High Court charge sheets, clarifying that the operative charge is the one registered in the High Court after investigations were concluded, in accordance with Section 263 of the CPA.
Mr Katuga added that once the Director of Public Prosecutions (DPP) is satisfied with the sufficiency of evidence, a summary of facts and charge sheet are prepared for registration in the High Court before committal proceedings at the lower court.
The High Court’s ruling today will determine whether the treason charge against Mr Lissu proceeds to a full trial or is struck out.
