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Tanzania Court acquits Tundu Lissu of treason, convicts him of incitement

A three-judge panel sitting at the High Court's Dar es Salaam Sub-Registry delivered the decision on Friday, November 6, 2026, ruling that the prosecution had failed to establish a key element of the treason charge against him

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Tanzania's High Court has acquitted opposition leader Tundu Lissu of treason but found him guilty of incitement, bringing a major development in a politically charged trial that has kept the Chadema chairman in detention since April 2025.

A three-judge panel sitting at the High Court's Dar es Salaam Sub-Registry delivered the decision on Friday, November 6, 2026, ruling that the prosecution had failed to establish a key element of the treason charge against him.

The judges, led by Justice Dunstan Ndunguru alongside Justices James Karayemaha and Ferdinand Kiwonde, are continuing to deliver their judgment, with the legal reasoning behind the incitement conviction and the sentence yet to be announced.

Lissu had denied the accusations, maintaining that his statements were part of a legitimate political campaign demanding electoral reforms ahead of Tanzania's October 2025 General Election.

His prosecution arose from remarks he allegedly made on April 3, 2025, at Chadema's national headquarters in Dar es Salaam during a campaign dubbed 'No Reforms, No Election'.

The campaign sought changes to Tanzania's electoral framework before the 2025 polls, with the opposition raising concerns about the credibility, independence and fairness of the electoral process.

Prosecutors accused Lissu of attempting to prevent the election from taking place by encouraging rebellion and mobilising supporters to disrupt the polls.

The State relied on statements in which he allegedly declared that the opposition would block the election and mobilise rebellion as a means of securing political change.

The prosecution argued that the remarks amounted to an attempt to intimidate the government and undermine the constitutional order.

Lissu, however, disputed the interpretation of his statements, arguing that he was exercising his political rights and advocating reforms rather than plotting to overthrow or intimidate the government.

The treason charge was brought under Section 39(2)(d) of Tanzania's Penal Code, a provision dealing with intentions to intimidate the Executive, Parliament or Judiciary through published material or an overt act. The offence carries the death penalty.

The acquittal followed a lengthy trial in which prosecutors presented 17 witnesses before closing their case in August 2026. Lissu subsequently presented his defence, challenging the evidence and asking the court to find that the State had failed to establish the allegations beyond reasonable doubt.

The trial also encountered a prolonged interruption after the prosecution sought to introduce additional evidence. The High Court's refusal to admit the material was challenged at the Court of Appeal, which dismissed the prosecution's application on July 30, 2026.

The proceedings resumed afterwards, with both sides making their final submissions in September.

State Attorney Nassoro Katuga maintained that the prosecution had established its case, relying on testimony from state witnesses and evidence presented during the proceedings.

The defence, meanwhile, questioned whether the prosecution had demonstrated the intention to intimidate the government and whether Lissu could legally be held responsible for the publication of his remarks through media platforms.

The case attracted international attention because of the severity of the charge and its implications for political participation and freedom of expression in Tanzania.

Lissu was arrested on April 9, 2025, in Mbinga, in the southern Ruvuma Region, shortly after addressing supporters during the electoral reform campaign. He was subsequently transferred to Dar es Salaam and formally charged with treason the following day.

His detention prevented him from participating freely in the political activities leading up to the October 2025 General Election. Chadema was also barred from participating in the polls after refusing to sign the electoral code of conduct.

The case unfolded against a backdrop of growing tensions between the government and opposition parties over electoral reforms, political freedoms and the independence of democratic institutions.

Lissu's arrest renewed international scrutiny of Tanzania's political environment, with human rights organisations questioning the use of criminal charges against opposition figures over political statements.

The European Parliament also raised concerns over his arrest and the possibility of a death sentence if convicted of treason.

Friday's decision therefore represents a significant legal development in one of Tanzania's most closely watched opposition cases.

Although the court has cleared Lissu of treason, the incitement conviction means the proceedings are not yet fully concluded. The sentence and the judges' complete legal reasoning are expected to provide further clarity on his immediate legal position and the next steps in the case.

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