Dar es Salaam. The High Court has ruled that Chadema chairman Tundu Lissu has a case to answer in his treason trial, requiring him to present his defence.
The ruling was delivered on August 21, 2026, by Judge Dunstan Ndunguru, who chaired a three-judge panel comprising Judges James Karayemaha and Ferdinand Kiwonde.
Judge Ndunguru said the court had considered the prosecution's evidence and the defence's submissions before determining that the prosecution had established a case requiring an answer.
Lissu faces a treason charge under Section 39(2)(d) of the Penal Code, Revised Edition 2023.
The charge stems from remarks he allegedly made during a Chadema meeting at the party's headquarters in Dar es Salaam on April 3, 2025, concerning the party's opposition to participating in the 2025 General Election and its alleged intention to prevent the poll from taking place.
The prosecution alleges that, as a Tanzanian citizen, Lissu incited the public to stop the election through statements intended to pressure the Government.
Among the remarks attributed to him are: "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."
Judge Ndunguru said the court's task at this stage was limited to deciding whether the prosecution's evidence, if left unchallenged, could sustain a conviction.
He said the court was not required to make a detailed assessment of the evidence or determine its credibility at this stage of the proceedings.
The judge said the court considered the key elements the prosecution was required to establish, including whether the accused owed allegiance to the United Republic of Tanzania.
He noted that this element was not disputed because Lissu had acknowledged being a Tanzanian citizen.
The court also considered testimony from prosecution witnesses, including the 17th witness, who was present at the meeting where the alleged remarks were made.
According to the judge, the prosecution's evidence sufficiently linked Lissu to the allegations contained in the charge sheet.
"Therefore, this court finds the accused has a right to defend himself against the evidence presented by the prosecution," Judge Ndunguru said.
