The High Court of Tanzania has acquitted opposition leader Tundu Antiphas Lissu of treason but found him guilty of the lesser offence of incitement in a landmark ruling delivered on Friday, November 6, 2026.
The decision was delivered by a three-judge bench at the High Court’s Dar es Salaam Sub-Registry, marking a major development in the high-profile criminal case against the chairman of the opposition Chama cha Demokrasia na Maendeleo (CHADEMA).
The bench was led by Justice Dunstan Ndunguru, alongside Justices James Karayemaha and Ferdinand Kiwonde. The case was registered under Criminal Case No. 19605 of 2025.
Reading the judgment, Justice Ndunguru explained that the court had examined the evidence presented during the trial and established that it supported a lesser offence rather than treason, which carries the death penalty under Tanzanian law.
The judges invoked Section 309 of Tanzania’s Penal Code to substitute the original treason charge with a lesser offence, finding Lissu guilty based on the evidence presented before the court.
According to the court, statements made by Lissu during a meeting with aspiring candidates amounted to incitement and contributed to unlawful activities intended to obstruct the country’s 2025 General Election process.
The court further dismissed concerns that changing the charge from treason to a lesser offence would prejudice Lissu or deny him a fair opportunity to defend himself.
Justice Ndunguru maintained that the opposition leader had been fully aware of the proceedings and had sufficient opportunity and capacity to present his defence throughout the trial.
“The court believes that the accused had the knowledge and ability to defend himself. In that context, the court does not see how he would have been denied any rights by being moved from the more serious offence of treason to the lesser offence,” Justice Ndunguru stated.
The judge added that the court was satisfied that the evidence met the legal requirements for establishing the lesser offence under the relevant provisions of the Penal Code.
The ruling marks a significant turn in Lissu’s nearly 19-month legal battle, which began following his arrest in April 2025 over remarks and political activities linked to CHADEMA’s calls for electoral reforms ahead of the 2025 General Election.
Although the court has cleared him of treason, the conviction on the alternative charge means he remains subject to further proceedings to determine the appropriate sentence.
Tundu Lissu has been found guilty of a minor offence, namely incitement, under Section 390 of the Penal Code, Chapter 16, read together with Section 319 of the Penal Code.
Proceedings are currently underway for the presentation of aggravating factors by the Prosecution and mitigating factors by the Defence by the accused, namely Hon. Tundu Mughwahi Lissu, following a finding of guilt and conviction for the offense of incitement.
