Court orders relaxed security for Lissu, reverses online hearing order

Dar es Salaam. The Kisutu Resident Magistrate’s Court in Dar es Salaam has directed prison officers to allow Chadema national chairperson, Tundu Lissu, to appear freely in the dock, rather than being surrounded by security officers during court proceedings.

The court also reversed its earlier decision to conduct the treason case facing Mr Lissu via video conference, instead ordering that the matter be heard in open court.

In addition, the prosecution has been instructed to provide a clear update on the investigation’s status when the case is mentioned again on June 2, 2025.

The directives were issued yesterday by Franco Kiswaga, the senior resident magistrate-in-charge, who is presiding over the initial stages of the treason case.

The rulings followed arguments raised by a defence team comprising over 25 advocates, including Mpale Mpoki (lead counsel), Dr Rugemeleza Nshala, Peter Kibatala, and Jeremiah Mtobesya.

During the hearing, Principal State Attorney Nassoro Katuga informed the court that investigations were still ongoing and requested more time.

This prompted the defence to raise concerns over the level of security surrounding Mr Lissu inside the courtroom.

Dr Nshala argued that Mr Lissu’s treatment was contrary to legal norms, where suspects in remand are typically unshackled and allowed to stand in the dock unaccompanied, with prison officers positioned outside.

On the occasion, however, six prison officers had entered the dock and surrounded Mr Lissu throughout the proceedings. This, Dr Nshala said, infringed upon Mr Lissu’s right to a fair hearing and the presumption of innocence.

Mr Kibatala noted that the court had earlier ruled that the treason trial would proceed via video link but yet, a separate case against Lissu is already being heard in open court. He therefore argued that this matter should also proceed physically.

Citing Section 192 of the Criminal Procedure Act and Regulation 16(c) of the 2021 Remote Hearing Guidelines, the defence said the court had the discretion to amend its previous order if circumstances had changed.

“Given that the situation has now changed, we ask the court to reconsider its position and allow this case to proceed in open court,” Mr Kibatala said.

In response, State Attorney Katuga insisted that the security was necessary for the safety of the accused, the court officials and all attendees.

“Even the defence has not demonstrated how the presence of security officers inside the dock has negatively affected the accused,” he argued. “Considering the nature of this case, enhanced security is warranted.”

Regarding the trial format, Mr Katuga said the court was best placed to decide whether to proceed via video link or open court.

Dr Nshala, however, urged the court to issue a firm directive to the prosecution to provide substantive updates.

On the issue of courtroom security, he clarified that the defence was not against protecting the court premises, but insisted that Mr Lissu should be allowed to stand freely in the dock to uphold the dignity and presumption of innocence.

“There are even snipers stationed across the premises, so it is clear the court is well protected. But the accused must be left alone in the dock to safeguard the integrity of the legal process,” Dr Nshala stressed.

In his ruling, Magistrate Kiswaga reiterated his earlier order requiring the prosecution to provide concrete updates on the status of the investigation at the next mention date.

He also directed that the accused be allowed to stand alone in the dock moving forward.

“It is indeed proper for the accused to be unaccompanied in the dock to ensure he can follow his case proceedings effectively,” the magistrate said.

“For the next appearance, security agencies are instructed to assess whether continued physical encirclement of the accused is necessary. If not, he should be allowed to remain in the dock unaccompanied,” he added.

Mr Kiswaga also ordered that subsequent proceedings be conducted in open court.

“Without affecting the conduct of proceedings, the court now orders that the next hearing will take place physically,” he said.

Mr Lissu is facing a charge of treason that carries a possible death sentence after making remarks that reportedly incited the obstruction of the 2025 General Election.

He was first arraigned on April 10, 2025, and has remained in remand custody since then as the offence is not bailable under Tanzanian law.

Lissu defiant

Mr Lissu issued a message of defiance to supporters yesterday as he took his place in the dock at Kisutu Resident Magistrate’s Court.

He entered the courtroom with his fist raised in the air as supporters chanted, “No reforms, no election.”

“We will be fine. … Don’t worry at all,” Mr Lissu said as he addressed supporters.