The High Court of Tanzania, Dar es Salaam Sub-Registry, has ruled that CHADEMA Chairman Tundu Lissu has a case to answer in his ongoing treason trial, moving the high-profile case into the defence stage after months of legal proceedings and continued concerns over his access to lawyers and potential witnesses.
Delivering the ruling, Justice Dunstan Ndunguru, who leads the panel of judges hearing the case, said the court had considered the evidence presented by the prosecution and found sufficient grounds for Lissu to be called upon to defend himself.
Lissu was arrested on April 9, 2025, in Mbinga, Ruvuma Region, before being transferred to Dar es Salaam, where he was formally charged with treason and other offences.The prosecution alleges that some of Lissu’s political statements and activities were intended to disrupt or obstruct the electoral process and incite rebellion against the government. Lissu has denied wrongdoing.
His arrest immediately raised questions about access to legal representation. According to concerns later raised by international human rights experts, Lissu was held for nearly 24 hours without access to his lawyers after his arrest. His legal team and relatives also reportedly faced difficulties obtaining information about his whereabouts during that period.
Lissu was later remanded in custody and transferred between detention facilities. He was first held at Keko Prison before being moved to Ukonga Prison, where he has remained as the case continued through the courts.
The period of detention has become a significant part of the wider debate surrounding the case, particularly because of repeated complaints about the conditions under which Lissu has been able to consult his lawyers.
By June 16, 2025, Lissu told the court that he had spent 68 days in custody. His main concern was no longer simply whether his lawyers could visit him, but whether he could communicate with them privately and prepare his defence without restrictions.
“I have the right,…I repeat, I have the right … to meet with my lawyers in confidence,” Lissu told the court.
He said that some consultations had taken place across a glass partition and through a telephone, making it difficult to exchange documents and properly prepare his defence.
“There is no opportunity to exchange documents, and I have many documents,” he told the court.
For Lissu, the issue was not the number of visits from his lawyers, but the confidentiality and practical conditions of those meetings.His lawyers have since raised similar concerns in separate legal proceedings, arguing that the presence of prison officers and surveillance arrangements during consultations could affect lawyer-client confidentiality. The issue has become the subject of a separate constitutional challenge.
The authorities and prosecution have maintained that prison procedures and the handling of the case are governed by existing legal and security requirements.
As the trial moves into the defence stage, another issue is likely to become increasingly important: Lissu’s ability to communicate with people he intends to call as witnesses.Some CHADEMA officials and associates are expected to form part of his defence. However, Lissu has told the court that he has faced difficulties speaking to some of them while in custody.
“I have been completely blocked from speaking with these witnesses of mine, not at Ukonga Prison, not here either,” Lissu told the court.
He said his movements during court appearances had also made communication difficult.
“Every time I come here, I am put in the lock-up. I am requesting guidance on how I can speak with them,” he said.
Lissu asked the court to intervene and order that he be allowed to speak with the people he needs to consult.The remarks highlighted a practical question that could become central to the next phase of the trial: how an accused person in custody can prepare a defence, consult lawyers and communicate with potential witnesses while remaining subject to prison and court security procedures.
The High Court’s latest decision now shifts the focus from the prosecution’s case to Lissu’s defence.The case has attracted close attention in Tanzania and internationally because of the seriousness of the treason charge, Lissu’s position as a leading opposition figure and broader questions surrounding political freedoms and due process.
As the proceedings enter their next phase, the central question is no longer only whether the prosecution has presented sufficient evidence to continue. It is also how the defence will be able to prepare and present its case while Lissu remains in custody.
The answers to those questions are likely to shape the next chapter of one of Tanzania’s most closely watched political trials.
