Conversation
ENGLISH and SWAHILI
Developments in the Treason Case Against Tundu Lissu: Report from the High Court, Dar es Salaam - September 8, 2025
Criminal Case No. 19605/2025: Republic vs Tundu Lissu.
On September 8, 2025, the High Court of Tanzania in Dar es Salaam was the scene of significant activity in the treason case against Tundu Lissu, a prominent politician and lawyer. The court session began with extensive preparations, attended by CHADEMA party leaders, diplomats, and a large crowd of supporters.
This case, the third of its kind in Tanzania’s history, started with preliminary discussions on legal representation, the court’s jurisdiction, and lower court records.
Preparations were intense, with repeated orders to turn off phones and refrain from recording, which raised concerns about transparency.
Over 200 officers from a special prisons unit were present, and behind-the-scenes discussions caused delays in the case’s commencement.
Case Commencement and Introduction of PartiesThe case officially began in Courtroom No. 1, presided over by a panel of three judges led by Justice Dunstan Ndunguru. Tundu Lissu entered the courtroom with significant presence, followed by the judges.
The court clerk announced the case as Criminal Case No. 19605/2025: Republic vs. Tundu Lissu. The prosecution was represented by a team of seven lawyers led by Nassoro Katuga, alongside Job Mrema, Thawabu Issa, Mossie Kahima, Harrison Lukosi, Cathbert Mbiringi, and Winiwa Kasala.The defense initially included lawyer Neema Saruni, who introduced herself as Lissu’s pro bono counsel.
However, Lissu insisted on representing himself, thanking the court for appointing counsel but emphasizing his 23 years of legal experience. He described the case as the “ultimate test” for Tanzania’s legal system and took full responsibility for his defense.
Tundu Lissu noted that since the Kisutu court, he had a team of over 50 learned lawyers and requested their continued assistance with research, as the prison lacked internet or library access.
Rashid Katuga objected to including this team in the official record, arguing it could complicate a two-party case. The judges allowed Lissu to represent himself, released Saruni, but left room for the research team to assist without being formally recorded.
Discussions on Court Jurisdiction and Charge Sheet, Katuga stated that the prosecution received a “Notice of Motion” from Lissu under CPA Sections 294(1) and 295, challenging the charge sheet’s validity and the High Court’s jurisdiction to hear the case.
He stressed that jurisdiction should be resolved first, citing appellate court decisions like Thabiti Ramadhani Maziku vs. Amina Hamisi Tyeira. Lissu agreed but slightly modified his objection, arguing the court lacked jurisdiction due to significant errors in the Kisutu court’s records.
He noted that treason cases are rare, this being the third after those in 1970 and 1983, requiring a legal precedent.Lissu explained the legal basis for committal proceedings under CPA Sections 261, 184, and 262, stating the charge should have been read in the court of the arrest location (Mbinga), not Kisutu.
He referenced Republic vs. Dodoli Kapufi, emphasizing proper investigation and committal procedures. The judges agreed to address jurisdiction first.Review of Lower Court Records and AdjournmentLissu continued his objections, stating that Kisutu’s records contained significant errors, including over 10 adjournments without explanation under CPA Section 265(1).
He described his journey from Mbinga to Dar es Salaam and repeated adjournments due to incomplete investigations, with records only starting from August 18, 2025, omitting those from April 10.
Katuga admitted Lissu received incomplete records, and the judges ordered complete records to be provided, adjourning the case for one hour for Lissu to review them. Lissu requested 30 minutes, but the judges granted an hour, with Katuga agreeing to ensure a “fair hearing.”After the break, Lissu returned, stating he received two different sets of records—one in prison and another in court—providing evidence of “criminality” and “doctoring” of documents. He pointed out discrepancies in page counts and missing court orders in one set.
Lissu requested an adjournment until the next day to thoroughly review the records and expose the “mischief” involved. Katuga attempted to respond, but the judges stopped him, promising a later opportunity.
The judges granted the adjournment until September 9, 2025, at 10:00 A.M.Conclusion of the DayThe day showcased significant tension between the two sides, with Lissu leading in-depth legal discussions on procedure and records. The courtroom saw moments of laughter and tension, with the crowd expressing opposition to Katuga. The case will continue tomorrow, with further updates expected. This report is based on updates from Hilda Newton, providing a real-time picture of courtroom proceedings.
Source :: X @changeTanzania