Dar es Salaam – The treason trial of Tanzanian opposition leader Tundu Lissu was temporarily halted on Tuesday morning amidst a tense standoff over public access to the courtroom.
The day’s proceedings, which were scheduled to hear Lissu’s second preliminary objection, were delayed for an hour after he protested that his supporters were being unlawfully barred from attending the public hearing.
The tension is a direct continuation of Monday’s events, which saw police use force to disperse supporters of Lissu’s CHADEMA party, leading to several injuries and arrests.
On Tuesday, CHADEMA members again claimed they were being prevented from entering the courtroom by police. In an act of solidarity, party members who had already gained entry walked out to join their colleagues outside.
When the hearing began, Lissu immediately raised the issue with the three-judge panel, stating that the case could not proceed while citizens were being denied their right to observe the trial.
This prompted the court to adjourn for one hour to resolve the matter. Upon resumption, the court stated that there was no official order preventing public access, and the hearing proceeded.
With the access issue addressed, Lissu began his arguments for his second preliminary objection, this time targeting the validity of the charge sheet itself. He argued that the charges were fundamentally defective and did not meet the legal standards required for a treason case under Tanzanian law, which he stated should follow English procedure.
Lissu contended that a valid treason charge must include a statement of the offence, particulars of the offence, and an “overt act” – a clear, manifest action. He argued that the current charge sheet is based on words alone and fails to specify any such act.
He then launched into a detailed critique of the witness statements, focusing on what he described as major procedural irregularities. Lissu identified ten witness statements from police officers, which, he argued, were inadmissible because the officers had written their own statements.
Citing the Criminal Procedure Act, he explained that the law requires a witness statement to be recorded by a separate police officer, not self-written. He contrasted these with other properly recorded statements to highlight the discrepancy.
READ MORE: Tanzanian Court to Rule on Jurisdiction in Tundu Lissu Treason Trial on Sept. 15
“This charge sheet is incapable of amendment,” Lissu concluded, arguing that its defects were incurable and that the case should be quashed immediately. In a direct appeal to the judges, he spoke of his 162 days in detention for what he maintains are political reasons.
“I’m an innocent man and I have not committed any crime,” he stated. “I ask you to use the authority of this court to get justice here.”
The court will now resume on Thursday, September 18, to hear the prosecution’s response to Lissu’s arguments before ruling on this second preliminary objection.
The case continues to unfold just weeks before Tanzania’s general election on October 29, under a cloud of political tension and concerns over the state of democratic freedoms in the country.
