Tanzanian opposition leader and former presidential candidate of CHADEMA party, Tundu Lissu, reacts at the Kisutu Resident Magistrate's Court in Dar es Salaam, Tanzania, June 2, 2025.
Dar es Salaam. The chairman of the opposition party Chadema, Mr Tundu Lissu, was yesterday cautioned by the Kisutu Resident Magistrate’s Court after chanting the party’s slogan “No reforms, No election” while standing in the dock in a treason case against him.
Tanzanian opposition leader and former presidential candidate of CHADEMA party, Tundu Lissu, reacts as he arrives at the Kisutu Resident Magistrate's Court in Dar es Salaam, Tanzania June 2, 2025.
Mr Lissu, who is facing two criminal charges, including one count of treason, made the remarks yesterday, when the case came up for mention before Principal Resident Magistrate Franco Kiswaga.
The court heard that Mr Lissu allegedly made seditious statements on April 3, 2025, in Dar es Salaam with the intention of inciting the public to disrupt the 2025 General Election. He is accused of urging civil disobedience.
When Mr Lissu entered the courtroom, he greeted his party members and supporters by chanting “no reforms,” to which they responded loudly, “no election.”
Prosecutors immediately asked the court to take action against him, accusing him of contempt of court. Defence lawyers objected, arguing that proceedings had not officially commenced at the time of the slogan and therefore no offence had been committed.
However, Mr Kiswaga sided with the prosecution and issued a formal warning to Mr Lissu and all those who had responded to his chant.
He ruled that under Section 6(1)(c) of the Magistrates’ Courts Act, court proceedings are deemed to have commenced the moment the magistrate takes their seat in court.
“The moment the magistrate arrives, the court is in session. What the accused said was inappropriate as proceedings had already begun,” he said.
“Even those who responded were in the wrong. Once the court is in session, no one else is allowed to speak. What occurred was improper, and I am issuing a warning—not just to the accused, but to everyone present,” he said.
He instructed all lawyers involved, as officers of the court, to ensure such incidents do not recur. He emphasised that courts must be guided by the rule of law and not by emotions or external influence.
The magistrate further directed that, given Mr Lissu is facing more than one case, future proceedings will begin with a formal case call once the magistrate is seated, after which the accused will be permitted to enter the courtroom.
Tanzanian opposition leader and former presidential candidate of CHADEMA party, Tundu Lissu, reacts as he arrives at the Kisutu Resident Magistrate's Court in Dar es Salaam, Tanzania June 2, 2025.
In a separate development, Mr Kiswaga dismissed a defence application seeking to have the case dropped due to delays in the completion of investigations.
Defence lawyers had cited Section 148 of the Criminal Procedure Act (CPA), arguing that the prosecution’s failure to complete investigations warranted dismissal of the case.
But the magistrate ruled that the cited provision does not require a case to be dismissed solely because of investigative delays, especially in serious cases such as treason, which are triable only by the High Court.
He said under Section 131(1) of the CPA, in such serious offences, the prosecution is permitted to file a case even before investigations are completed.
As such, the court could not strike out the case, but directed the prosecution to continue updating the court on the progress of the investigation.
The prosecution informed the court that investigations were nearing completion.
The case was adjourned until June 16, 2025, for another mention.
The prosecution is led by Senior State Attorney Nassoro Katuga, while Mr Lissu is represented by a team of 30 defence lawyers headed by Advocate Mpale Mpoki.
