Dar es Salaam – The cross-examination of the first prosecution witness in the treason trial of CHADEMA national chairperson Tundu Lissu entered a second day on Wednesday, transforming from a legal duel into a sweeping political discourse, with the accused meticulously deconstructing the charges and placing his own career as a long-standing government critic on the stand.

Mr Lissu, representing himself, spent the entire session interrogating Assistant Superintendent of Police (ASP) George Wilbard Bagyemu, forcing the investigator to concede key weaknesses in the state’s case and launching into a detailed history of his own persecution and Tanzania’s constitutional journey.

Building on the previous day’s tactics, Lissu continued to highlight contradictions between ASP Bagyemu’s courtroom testimony and his initial sworn statements. However, the most striking moments came as Lissu dissected the very language forming the basis of the treason charge.

He zeroed in on the phrase tutakwenda kukinukisha sana sana, which he is accused of uttering. In a dramatic scene, Lissu presented the court with multiple official Swahili dictionaries, compelling the witness to agree that the root verb nuka means “to emit a bad smell” or “to stink.”

Lissu: “So if I said tutakinukisha sana sana, it means we will make it stink badly, isn’t that true?”

Bagyemu: “According to what you are reading from the dictionary, it is true.”

Lissu: “Now, is saying ‘we will make it stink badly’ an act of treason?”

READ MORE: Tundu Lissu Grills Police Witness as Treason Trial Cross-Examination Turns Fiery

Lissu further pressed the witness to find the words kinukisha (make it stink), kuzuia uchaguzi (to block an election), or uchaguzi mkuu (general election) within Section 39(2)(d) of the Penal Code, which defines treason. Bagyemu was forced to admit they were not there.

In a strategic move, Lissu guided the police witness through the Police General Orders (PGO) and other laws, forcing him to affirm fundamental democratic principles.

Lissu: “Is it true that police officers must, at all times, respect human rights and the freedoms set by the Constitution?”

Bagyemu: “That is correct.”

Lissu: “Is the right to hold opinions, including criticising the government, a fundamental human right you are sworn to protect?”

Bagyemu: “It is correct.”

Lissu: “Is Tanzania a multi-party democratic state?”

Bagyemu: “It is true.”

This line of questioning, it appears, sought to frame Lissu’s alleged statements as protected political speech within a democratic framework, rather than seditious acts.

Addressing another of his quoted statements—that Majaji ni watu wa Rais (Judges are people of the President”—Lissu engaged the witness in a lengthy lesson on Tanzania’s judicial and political appointments. 

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He listed former and current high-ranking judges, including Chief Justice George Mcheche Masaju, and established that they were all appointed by the President, often after serving in other government roles.

Lissu: “The Chief Justice is appointed by the President?”

Bagyemu: “Yes.”

Lissu: “The Attorney General is appointed by the President and becomes an MP?”

Bagyemu: “True.”

Lissu: “So, when I say judges are people of the President and love to be appointed to commissions, where am I wrong?”

Bagyemu: “You are not wrong.”

When a state attorney objected, calling the line of questioning irrelevant, Lissu retorted, “They think the President is a semi-god. She is the President, not God Almighty, we can mention her.”

In a powerful and personal segment, Lissu turned the tables, effectively putting his own history on trial. He catalogued a long list of arrests and prosecutions he has faced since 2002, related to his advocacy for miners’ rights in Bulyanhulu, protests in Arusha, and criticism of successive CCM governments.

Lissu: “Is it true that from the time of President [Benjamin] Mkapa, the police have been opening false cases against me?”

Bagyemu: “We do not open false cases.”

Lissu: “President Samia went to the Police College in 2021 and told you, ‘Police, you have gone too far framing people with cases.’ Do you remember that speech?”

Bagyemu: “I remember that speech of the President.”

READ MORE: Setback for CHADEMA Leader Tundu Lissu as Court Greenlights Treason Trial

He listed at least six separate prosecutions for incitement during the John Magufuli administration, noting that none ever resulted in a conviction. This narrative painted a picture of a political opponent consistently targeted by state instruments.

The cross-examination concluded on a contentious note when Lissu asked the witness if he considered the accused an “important political person.” Bagyemu dismissively replied, “I see no importance in you whatsoever… I see your predecessor in the CHADEMA chairmanship was better than you.”

Lissu shot back, calling this a “kiss of death,” and told the court to inform former CHADEMA national chairperson Freeman Mbowe that “the Tanzanian police have praised him.”

After three days of gruelling cross-examination, the judges adjourned the case. The prosecution will now conduct a re-examination of ASP Bagyemu on Thursday, October 9, after which the state is expected to call its next witness.