Tanzanian opposition leader Tundu Lissu will now enter the defence stage of his treason trial after the High Court ruled that prosecutors had presented enough evidence to require him to answer the charges.
A three-judge bench of the High Court of Tanzania, Dar es Salaam Zone, made the decision on Friday after hearing evidence from 17 prosecution witnesses and considering arguments from both sides.
The ruling means the court found a prima facie case against Lissu, but it has not yet determined whether he is guilty of treason.
The bench, led by Justice Dunstan Ndunguru, said the evidence presented by the prosecution was sufficient to require Lissu to respond to the allegations before the court can make a final decision.
“There is no dispute that those words were uttered at a public rally and in the presence of the media. The 17th prosecution witness testified that the said words were uttered by the accused in his presence and before other persons. At this stage, the Court finds that a prima facie case has been established and the accused has a case to answer,” reads part of the ruling.
The judges said they were not required at this stage to assess the full weight of the evidence or decide whether the prosecution witnesses were credible.
Instead, the court's task was to establish whether prosecutors had placed before it enough evidence which, if left unchallenged, could support a conviction and therefore require Lissu to defend himself.
The court also considered three key elements of the treason offence that prosecutors were required to establish, including Lissu's allegiance to the United Republic of Tanzania.
Justice Ndunguru said there was no dispute on that point because Lissu had acknowledged that he was a Tanzanian citizen and therefore owed allegiance to the country.
The judges further considered evidence from the prosecution's 17th witness, who was present during the meeting where Lissu allegedly made the statements that form the basis of the case.
According to the ruling, the evidence presented by the prosecution established a sufficient connection between Lissu and the allegations contained in the charge sheet.
"Therefore, this court finds that the accused has a right to defend himself against the evidence presented by the prosecution," Judge Ndunguru said.
Lissu is charged under Section 39(2)(d) of Tanzania's Penal Code, Revised Edition 2023. If convicted, the offence carries a possible death sentence.
The case stems from statements Lissu allegedly made during a CHADEMA meeting at the party's headquarters in Dar es Salaam on April 3, 2025.
At the time, CHADEMA had opposed taking part in the 2025 General Election unless the government carried out what the party described as key electoral and political reforms.
Prosecutors allege that Lissu, a Tanzanian citizen, called on the public to prevent the election from taking place through statements intended to put pressure on the head of the Tanzanian government.
Among the statements attributed to him are: "If they say this position amounts to rebellion, it is true... because we are saying we will stop the election, we will mobilise rebellion... that is how we will bring change; we are going to make things happen... we will disrupt this election for real ... we are going to make things happen very badly."
With the prosecution case now concluded, Lissu and his lawyers will prepare to present their defence and submit a list of witnesses they intend to call.
Lissu has asked the court to issue summonses for senior government, security and defence officials, including President Samia Suluhu Hassan, former Vice President Philip Isdor Mpango, former Prime Minister Kassim Majaliwa Majaliwa, Inspector General of Police Camilius Wambura, Chief of Defence Forces General John Mkunda, the Director General of TISS and DCI CP Ramadhan Kingai.
His proposed witnesses also include CHADEMA leaders John Mnyika, Amani Golugwa, John Heche and Brenda Rupia.
Lissu is expected to be the first defence witness and testify as DW1 before the court hears from his other witnesses.
The CHADEMA National Chairman has been in detention since April 2025 and had challenged his continued detention, arguing that prosecutors had not provided evidence to support the alleged offence.
The case will now move to the defence stage, where Lissu will have an opportunity to respond to the evidence presented by the prosecution and present his own evidence before the court reaches its final decision.