In a publicly shared recording of a consultative meeting held on September 24, 2025, between the Chief Justice, the Tanganyika Law Society, and the Police, as well as other stakeholders, Tanzania’s Chief Justice George Mcheche Masaju weighed in on the ongoing debate about public access to court proceedings. Masaju cautioned that open court does not mean a public hearing.
The meeting followed an incident on September 15, 2025, when police beat supporters of the opposition party, CHADEMA, for the second time outside court premises as they attempted to access the treason trial of opposition leader Tundu Lissu. A similar incident occurred on April 24, 2025, when CHADEMA supporters attending a hearing were barred from entering. Several were reportedly taken to remote areas outside the city, where they were brutally tortured by police officers.
“The court is a place where judicial activities take place, which include listening to cases and making decisions; it is not a place for a public hearing,” Chief Justice Masaju said.
“Because it is a place for hearing cases to deliver fair judgments, it has its own rules and procedures. The court is an open court, but not a public hearing,” he continued.
Following the April 24 incident, the court livestreamed Lissu’s treason trial to allow more people to follow the proceedings. This was the first time in Tanzania’s history that a court hearing was livestreamed, and it was done at the court’s discretion.
However, the livestreaming was later halted after an application by the prosecution. In his remarks, Chief Justice Masaju discouraged livestreaming, arguing that it was not cost-efficient.
“There are rules that regulate the proceedings there, and those who insist on forcing their way into court even when there isn’t enough space should reflect on that,” Masaju argued.
He added: “And we also cannot demand livestreaming, live broadcasting, or whatever else; honestly, do you think this country has the money to broadcast every time someone is charged?”
While the police claimed in a statement after the September 15 incident that they were acting in self-defense, heavy criticism has been directed at what many describe as the militarization of court premises.
READ: Tanzanian Court Bans Live Broadcast of Treason Trial Against CHADEMA Leader Tundu Lissu
Speaking on September 19, 2025, during an internal session of the Tanganyika Lawyers Association, former High Court Judge Robert Maramba openly criticized police actions at the court.
“I was wondering, is it the Police who are supposed to determine that the Court is full, or is it the Court’s leadership that should declare it full? And what exactly does ‘full’ even mean? So in my view, I don’t want to speak on behalf of the leaders at the Court; there is a Judge in Charge, and there is a registrar, they are supposed to take action,” Justice Maramba said.
He continued: “Because what happened was like a free ride, as if it were no man’s land; if that is the case, even judges could easily be assaulted right there in court. They defiled the premises of the Court, a place that is supposed to be a refuge for people seeking justice.”
Chief Justice Masaju, however, held a different view on the issue of militarization, insisting that police presence was necessary for security. “When the Police enforce security in court, don’t say they have militarized the premises, they have intelligence,” Chief Justice Masaju said.
He added: “But it should be done in moderation. I have never seen a court operating without police presence; even the Primary Court has police officers. Do you want a judge to come there and be killed?”
Masaju also warned that the judiciary would take a stricter stance on contempt of court and urged other actors, including the Attorney General, state solicitors, and lawyers ,to speak up when they witness issues affecting the integrity of court proceedings.
The Vice Chairperson of Tanzania’s main opposition party, John Heche, has weighed in on Chief Justice Masaju’s recent remarks, drawing parallels with the 1963-1964 Rivonia Trial in South Africa.
“If you go online and search for the Rivonia Trial of Mandela and others in 1963, you will see pictures from the courtroom and even find the actual speech that was recorded. Mandela delivered a defense speech that the media captured,” Heche wrote on X.
Heche was referring to the historic Rivonia Trial under South Africa’s apartheid regime, which led to Nelson Mandela and his colleagues being imprisoned. In his autobiography Long Walk to Freedom, Mandela recalled how loudspeakers were placed outside the courtroom so the public could follow the proceedings.
“Sixty-two years later, we are being told by our fellow Tanzanians that people should not attend court hearings. We are told our only right is to receive information, and that even recording or broadcasting a trial live amounts to favoring one side,” Heche added.
Heche continued: “But don’t you want justice to be done, and to be seen to be done? How will it be seen if it is carried out in darkness? This is the shame of the century.”
The treason trial of opposition leader Tundu Lissu is scheduled to resume on October 6, 2025.
