Dar es Salaam. Chadema national chairman, Mr Tundu Lissu, who is facing treason charges, has cross-examined the prosecution’s 16th witness over allegations that police are subjecting him to torture over an offence they know he did not commit.
Mr Lissu put the witness, Assistant Commissioner of Police (ACP) Amini Mahamba, to task on Tuesday, August 11, 2026, over evidence he presented in court regarding treasonous statements Mr Lissu allegedly uttered and published online.
Mr Lissu faces a single count of treason under Section 39(2)(d) of the Penal Code, stemming from remarks he made regarding plans to disrupt the 2025 General Election.
The prosecution alleges that on April 3, 2025, in Dar es Salaam, Mr Lissu, being a Tanzanian citizen, uttered and published words with seditious intent to incite the public to block the election and pressure government leadership.
He is quoted as saying: "If they say this stance signifies rebellion, it is true... because we say we will prevent the election, we will mobilise rebellion, that is how to achieve change... therefore we are going to cause havoc... this election we are going to disrupt it truly, truly... we are going to cause very bad havoc."
The case, which is being heard by a panel of three judges led by Mr Justice Dunstan Ndunguru, alongside Justice James Karayemaha and Mr Justice Ferdinand Kiwonde, continued on Tuesday with the testimony of ACP Mahamba, the 16th out of 30 expected state witnesses.
ACP Mahamba, attached to the Police Sub-Headquarters (DCI Office, Unit X) in Dar es Salaam, told the court in his primary evidence that he led the investigation team.
He testified that after reviewing a video clip published on the Jambo TV YouTube channel, his team concluded that Mr Lissu intended to intimidate the government into submitting to his demands by inciting a public rebellion to block the election.
He claimed the remarks constituted treason under the law, and that Mr Lissu demonstrated intent by publishing the material online.
During cross-examination, which began on Monday and continued on Tuesday, Mr Lissu challenged the witness on the charge of ‘publishing’ the video clip.
The cross-examination
Lissu: In your evidence, you stated that I published that video. Explain to the judges if you know the definition of 'publish' under the Cybercrimes Act.
Mahamba: I know it.
Lissu: Publishing means distributing. Explain to the judges if I was the person who distributed that video on Jambo TV.
Mahamba: Yes, you distributed it.
Lissu: Explain to the judges if I am a director or employee of Jambo TV.
Mahamba: I am not sure.
Lissu: Are you sure if I am a cameraman or presenter for Jambo TV?
Mahamba: I am not sure.
Lissu: Do I have the password to log into the Jambo TV platform?
Mahamba: I am not sure.
Lissu: And yet you were the lead investigator in this case. Is it true or not that the video alleged to be seditious was recorded by witness PW1, an employee of Jambo TV?
Mahamba: It is PW1.
Lissu: Did you read PW1's statement?
Mahamba: I read it.
Lissu: Did the director of Jambo TV cover my meeting after being invited by Chadema’s director of communications?
Mahamba: That is true.
Lissu: Am I Chadema's communications officer?
Mahamba: No.
Lissu: So I am facing a criminal case simply because I spoke at a public meeting?
(The witness remained silent.)
Lissu: Today marks my 490th day in prison, and I have children. Is this how the Tanzania Police Force operates?
Mahamba: No.
Lissu: Did you interview Chadema Secretary-General John Mnyika, Vice-Chairman John Heche, or Deputy Secretary-General Amani Golugwa?
Mahamba: We did not interview them.
Lissu: Is the Chadema Chairman criminally responsible for offences committed by other party leaders?
Mahamba: He is not responsible.
Lissu: Does the Presidential, Parliamentary and Councillors Elections Act of 2024 contain an offence of disrupting an election?
Mahamba: I am not sure.
Lissu: There is no such offence under that law. What do you say?
Mahamba: An offence exists.
Lissu: Is it true that under Section 39(2)(d) of the Penal Code, treason involves intimidating the Government, Parliament, or the Judiciary?
Mahamba: Yes.
Lissu: Did I threaten Parliament or the Judiciary?
Mahamba: You threatened the Government.
Lissu: So neither Parliament nor the Judiciary was threatened?
Mahamba: Yes.
Lissu: Was Assistant Inspector Andrew Churu from Dodoma among the officers who handled the case file and brought the memory card to Dar es Salaam?
Mahamba: Yes.
Lissu: Did you read Assistant Inspector Churu's statement interviewing the witness who recorded the video?
Mahamba: It is true.
Lissu: Why are you subjecting me to torture when you have evidence on who committed these acts?
(The witness remained silent.)
Lissu: Why are you subjecting me to torture?
Mahamba: My duty as an investigator is to prove the offence.
Lissu: Is spending one year and four months in prison not torture?
Mahamba: Nobody is torturing you.
Lissu: According to Police General Orders (PGO), does everyone have a duty to respect and protect citizens' rights at all times?
Mahamba: That is true.
Lissu: Article 15(1) of the Constitution states that every person has the right to live freely. Is that true?
(The witness remained silent.)
Lissu: Article 18 of the Constitution guarantees freedom of opinion and expression. Did you afford me the freedom to express my opinions?
Mahamba: None.The case continues on Wednesday.
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