The treason case against the leader of Tanzania’s main opposition party, CHADEMA, proceeded today, May 6, 2025, at the Kisutu Resident Magistrate’s Court before the Principal Resident Magistrate, in charge, Franco Kiswaga. He urged the prosecution to expedite the investigation and provide an update on the case by May 19, 2025.
The case started with the prosecution asking if Tundu Lissu is on the virtual hearing. In the first virtual hearing, on April 24, 2025, and subsequently on April 28, 2025, Lissu boycotted the virtual participation and demanded to be brought before the court physically.
“During the last adjournment, it was concluded that this case would be held virtually, but we don’t know the status of the accused, whether he is present and has joined through this method or not,” the prosecution counsel, Thawabu Yahya Issa, argued.
The Superintendent of Ukonga Prison, Juma Mwaibako, told the court that the accused, Tundu Lissu, said he would not join the court virtually. The answer prompted the prosecution to ask the court to order the accused to appear before the court.
“According to the response from the Prisons Officer, it appears that the accused has violated a court order to attend the proceedings virtually. The Court now has the obligation to determine how to compel the accused to appear before it,” said Advocate Thawabu Yahya.
“However, today the matter was scheduled for mention only. The investigation is still ongoing, Your Honour. We respectfully request another date for mention,” he continued.
The defense side, led by Advocate Mpale Mpoki, responded to the request for adjournment from the prosecution, asking why the investigation was not yet complete.
“When I read the particulars of the offense in the charge sheet, I fail to see what else you are going to investigate. There is no need for forensic analysis, nor is there a need for a ballistic expert—everything appears to be in place,” Mpoki said.
He added: “We request to be informed what exactly is pending for the investigation to be deemed complete, so that we can also inform our client of the specific issue causing the delay in the investigation of his case.”
Responding to the argument, the prosecution said they were preparing documents and would soon upload them online, and emphasized that there are many investigative issues involved.
“The general statement is that investigations are still ongoing, and the law permits us to proceed as such. There has been no violation of any legal provision. Once the investigation in this matter is complete, we shall upload the necessary documents in accordance with the procedures and furnish the same to the defence,” the State Counsel Yahya further clarified.
The case is at the Kisutu Resident Magistrate’s Court for committal proceedings, whereas, after the conclusion, it will be transferred to the High Court for the trial. At the proceedings today, when the prosecution side was pressed further on when the investigation would conclude, the state attorney responded by emphasizing that no law requires them to provide an account of the investigation, a response that the defense side queried.
“This offence carries the death penalty, our client is not entitled to bail, and he remains in custody. Therefore, when blanket statements are made, such as ‘I am not obliged to disclose the extent of the investigation, it is not right to our client,’ Advocate Mpoki said.
“We are dealing with a human life here. When the State responds by saying there is no law requiring disclosure, it reflects a lack of seriousness in handling this case. We are dealing with serious issues, and we are also talking about the country’s democracy. Therefore, we cannot accept blanket statements such as ‘we will upload documents once the investigation is complete’. The question is: when exactly will that be?” Mpoki added.
Defense lawyer, Advocate Jeremiah Mtobesya, also interjected and questioned the state’s argument for adjournment of the case, emphasizing that there must be a reasonable cause.
“The nature of this offence is such that it is alleged the accused intimidated using words, those very words have already been set out in the charge sheet, and the accused is in custody. So what exactly are they still investigating? It has now been nearly a month, and the investigation is still not complete. Given the nature of this case, we submit that a further adjournment is unreasonable,” Mtobesya said.
The argument prompted the State Counsel to reiterate that they are not ready to disclose the methods of investigations, emphasizing that the law does not require such.
“They have not made any specific application, they are merely complaining without stating what exactly they want the Court to do now. Should the Court simply refrain from adjourning the matter? We, on our part, have made a clear request for a new date. What exactly are they asking for?” State Counsel Thawabu Yahya Issa intoned.
READ: Kisutu Court April 24 Fiasco: Epitome of Impunity and Tanzania’s Police Brutality
This argument led to increased heat, whereas Defense Counsel, Mpoki replied: “We have proposed that the committal proceedings be concluded so that the matter can proceed to the High Court for hearing. If they lack the paper required to prepare the committal documents, they should tell us.”
Following Advocate Mpoki’s submission, the State Counsel requested the Court to caution Advocate Mpoki to use respectful language.
“Your Honour, we ask Advocate Mpoki to use appropriate language. When he says that if we do not have paper, I don’t believe that is proper language to use. If we ask him to provide us with paper, will he do so, or what will he do? It is like we are turning the court into a football match, he is bringing the behaviors of fans,” Counsel Thawabu Yahya said.
Magistrate Kiswaga addressed both parties, emphasizing the importance of using appropriate courtroom language, especially given that the proceedings are being broadcast live, “the world is watching.” The Magistrate then went on to call for the prosecution to speed up the investigation and provide updates.
“I urge you to ensure that investigations are expedited. At the next hearing, we expect to receive the status of where you are with the investigation. We cannot continue adjourning, providing more time, and more time, until when? Magistrate Kiswaga asked. “On the next date, please provide the Court with the status of the investigation.”
The Court then adjourned the matter to May 19, 2025.
