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High Court Approves Secret Witnesses in Another Tundu Lissu Case

In her ruling, Justice Elizabeth Mkwizu of the High Court’s Dar es Salaam Zone said the application lacked merit, noting that the Kisutu court’s decision took into account the rights of both parties, including the accused’s right to be heard fairly and the security of witnesses.

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Dar es Salaam. On August 12, 2025, the High Court of Tanzania dismissed an application by CHADEMA Chairman Tundu Lissu, who had sought a review of a decision by the Kisutu Resident Magistrate’s Court allowing the use of secret witnesses in a case against him for allegedly publishing false information on YouTube, contrary to Section 16 of the Cybercrimes Act No. 14 of 2015.

In her ruling, Justice Elizabeth Mkwizu of the High Court’s Dar es Salaam Zone said the application lacked merit, noting that the Kisutu court’s decision took into account the rights of both parties, including the accused’s right to be heard fairly and the security of witnesses.

Speaking after the ruling, Lissu’s lawyer, Dr. Rugemeleza Nshala, said they disagreed with Justice Mkwizu’s decision and would consult with their client on possible next steps, including lodging an appeal.

Dr. Nshala criticized the prosecution’s argument for allowing civilian witnesses to testify in secrecy on the grounds that they had been receiving threats. He argued that the alleged offense committed by his client took place openly before the public, and therefore questioned why the prosecution wanted to bring witnesses in hiding.

“If they are witnesses, then everyone who heard that speech is a witness. And if there are threats, who exactly has threatened whom? It’s very difficult to believe this. I should be able to know who will be a witness in the case. We believe there are matters that are not in order, and they should be made public and brought before a higher court and other constitutional courts to first examine the constitutionality of these charges and the case against our client—especially with regard to these so-called protections for witnesses,” Dr. Nshala said.

On Wednesday, August 13, 2025, Tundu Lissu is expected to appear again at the Kisutu Resident Magistrate’s Court for the continuation of Case No. 8607/2025, which involves charges of treason and another case of publishing false information on YouTube.

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