09 September 2026
High Court of Tanzania
Kivukoni Front
Dar es Salaam, Tanzania
The
High Court of Tanzania in Dar es Salaam September 9, 2026.
REPUBLIC Versus TUNDU LISSU Treason case No. 19605 / 2025
GOVERNMENT PROSECUTOR INTERROGATES DEFENCE WITNESS (DW4) BRENDA RUPIA IN COURT
PART 1.
COURT IN SESSION
Judge Dunstan Ndunguru : Alright, let's proceed.
The Court Clerk reads the case:
Criminal Session, Case No. 19605 of the Year 2025
The Republic versus Tundu Antipas Lissu.
Principal State Attorney Ajuaye Bilishanga Zegeli introduces her fellow state attorneys representing Republic :
1. Nassoro Katuga – Principal State Attorney
2. Tawabu Issa – Principal State Attorney
3. Job Mrema – Principal State Attorney
4. Cuthbert Mbilinyi – State Attorney
5. Mwinuka – Principal State Attorney
Ajuaye Bilishanga Zegeli: all Together, we represent the Republic.
The accused, Tundu Antipas Lissu, is in the dock. The matter is here for defense and cross-examination questions; we are ready to proceed.
Defense Witness number 4 is in the witness stand for cross-examination.
Judge Dunstan Ndunguru: tell me Accused?
Tundu Lissu: Your Honors, I am ready.
Judge Ndunguru: Witness DW4, I hope that in this morning's session, we will conclude. Are we clear ?
Nassoro Katuga: We will do our best.
Tundu Lissu: For my part, I have no re-examination questions at this moment. It's just their speed.
Judge Dunstan Ndunguru: Let's proceed. Witness DW4, I remind you that you are under oath.
Nassoro Katuga: Witness, tell my lordrs that it is your testimony that you were arrested on June 10th, after the Chairman was arrested.
Brenda Rupia DW4: That is correct.
Nassoro Katuga: Is it correct that you were arrested after publishing the statement of the Chairman of the European Parliament Committee?
Brenda Rupia : That is correct.
Nassoro Katuga: When you took this information that there was a report of poisoning Tundu Lissu, did you personally investigate its veracity?
Brenda Rupia : Publishing the information was part of my plans for investigation.
Nassoro Katuga: Before publishing, did you investigate?
Brenda Rupia : I did investigate.
Nassoro Katuga: So, before publishing, did you know it was true?
Brenda Rupia . : I investigated and confirmed it was true. It was published by McAllister*.
*David James McAllister (born 12 January 1971) is a German politician who has been a member of the European Parliament since 2014
Nassoro Katuga: After receiving that report from McAllister, did you investigate its veracity or not?
Brenda Rupia : I did investigate.
Nassoro Katuga: Did you satisfy yourself that Tundu Lissu was intended to be poisoned?
Brenda Rupia: I did satisfy myself.
Nassoro Katuga: Tell the judges if you told the Court that you conducted an investigation.
Brenda Rupia : I did not tell it.
Nassoro Katuga: Tell the Judges if you know that poisoning someone is a criminal offense.
Brenda Rupia : I know.
Nassoro Katuga: Tell the Court, you, personally, before publishing that statement of yours, if you ever reported that information to a police station and ensured you had facts that Lissu was to be poisoned in prison.
Brenda Rupia: Yes, I was providing information. I did not provide information before that.
Nassoro Katuga: Tell Your Honor judges, is it a legal offense not to report criminal information if you are certain of it?
Brenda Rupia : I don't know.
Nassoro Katuga: Tell Your Honor judges if you are aware of the existence of Section 8 of the Penal Code.
Brenda Rupia : Please read it to me. I am not a lawyer.
Nassoro Katuga: Your Honors, I ask to give the CPA to read Section 8.
Brenda Rupia: (Reads) Section 8 of the CPA:
"A Person who..."
Brenda Rupia : This is exactly what I did.
Nassoro Katuga: Tell Your Honors if you personally reported it.
Brenda Rupia : Publishing is reporting to the public and authorities.
Nassoro Katuga: What you published, did you copy it from McAllister* or did you provide it yourself?
David James McAllister (born 12 January 1971) is a German politician who has been a member of the European Parliament since 2014
Brenda Rupia : Both.
Nassoro Katuga: Tell Your Honors if what you call "informing the public" is contrary to what you read about reporting to the Police.
Nassoro Katuga (continues )Tell Your Honors if in that report (public statement) you stated that you conducted your investigation which confirmed there was a plan to poison Lissu in prison.
Brenda Rupia : I did not state that in the report.
Language: English (US)
View: https://m.youtube.com/watch?v=CgGUz38t13M
Translate
⚖️ GOVERNMENT PROSECUTOR INTERROGATES BRENDA RUPIA IN COURT
📌 PART 2
Nassoro Katuga: Do you know or not know that the Cybercrimes Act prohibits giving false information?
Brenda Rupia : I know.
Nassoro Katuga: Do you know that giving false information is a criminal offense?
Brenda Rupia : I know that giving false information is a criminal offense.
Nassoro Katuga: Do you know or not know that being an employee of CHADEMA does not grant you immunity from being prosecuted or accused of any offense?
Brenda Rupia : It does not grant me immunity because I am an employee of CHADEMA.
Nassoro Katuga: Do you know that it is the responsibility of anyone who makes a certain claim to prove it?
Brenda Rupia : I don't know. I am not a lawyer.
Nassoro Katuga: Tell the Honorable Judges that what you stated—that you conducted an investigation and discovered that there were people who wanted to poison Mr. Lissu while he was in prison—you provided that evidence under oath.
Brenda Rupia : I know I am giving my testimony under oath.
Nassoro Katuga: Tell the Honorable Judges what that account you got it from is called?
Brenda Rupia : I don't recall. Perhaps I can provide it here in Court.
Nassoro Katuga: And which account did you release the information from?
Brenda Rupia : On the official CHADEMA accounts.
Nassoro Katuga: Which social media platforms?
Brenda Rupia : Both Twitter and Instagram.
Nassoro Katuga: Do you know or not know those who were to poison Lissu in Court?
Brenda Rupia : I don't know them.
Nassoro Katuga: So, until you gave your testimony here in Court, your investigation targeted someone you didn't know /people you didn't know?
TUNDU Lissu: [OBJECTION] Your Honors, I request to consult with my witness.
Judge Dunstan Ndunguru: Does the prosecution have any objection?
Nassoro Katuga: Let it be an open consultation for now; the witness DW4 is under the Court's jurisdiction.
Tundu Lissu: Witness DW4 Brenda Rupia, can you please answer the questions to the best of your ability.
Nassoro Katuga: Consultation is very important.
Nassoro Katuga: So, whom did you identify in your investigation of the person who wanted to poison Lissu?
Brenda Rupia : I did not identify anyone.
Nassoro Katuga: Does that David McAllister* live in Tanzania?
David James McAllister (born 12 January 1971) is a German politician who has been a member of the European Parliament since 2014
Brenda Rupia : He does not live in Tanzania.
Nassoro Katuga: Did that McAllister* ever live with Lissu in Ukonga?
David James McAllister (born 12 January 1971) is a German politician who has been a member of the European Parliament since 2014
Brenda Rupia : He never lived in Ukonga.
Nassoro Katuga: If you did not identify the person who wanted to poison Lissu in prison, what made you release false information?
Brenda Rupia : That is not false information.
Nassoro Katuga: Tell the Honorable Judges that, according to the Swahili dictionary, a word can have more than one meaning.
Brenda Rupia : That is correct.
Translate
⚖️ GOVERNMENT LAWYER INTERROGATES DEFENSE WITNESS DW4 BRENDA RUPIA IN COURT
📌 PART 3
Nassoro Katuga: So, in those two interpretations, is there no connection whatsoever?
Brenda Rupia : None.
Nassoro Katuga: Do you agree with me that the meaning of a word can vary depending on the context in which it is used?
Brenda Rupia : Yes.
Nassoro Katuga: And in understanding the meaning of a word, is it important to consider the context in which that word was used?
Brenda Rupia : Yes.
Nassoro Katuga: Therefore, Your Honors, not every word, when used in a sentence, has the exact same meaning found in the dictionary?
Brenda Rupia : Yes.
Nassoro Katuga: Do you recall yesterday when you were asked about the meaning of the statement "No Reforms, No Election"?
Brenda Rupia : Yes.
Nassoro Katuga: And you explained that the statement was intended to demand reforms of the electoral system before the elections *(2025) took place?
Brenda Rupia : Yes.
Nassoro Katuga: So, the objective was to push for changes through those demands?
Brenda Rupia : Yes.
Nassoro Katuga: And it wasn't that the statement was intended to use force to change the political system?
Brenda Rupia : Yes.
Nassoro Katuga: Therefore, you deny that the statement "No Reforms, No Election" had the meaning of rebellion (uasi)?
Brenda Rupia : Yes, I deny it.
Language: English (US)
GOVERNMENT ATTORNEY CROSS-EXAMINES BRENDA RUPIA IN COURT
PART 4.
Nassoro Katuga: Witness, I heard you mention John Kitoka yesterday, is that true?
Brenda Rupia : Is he under you?
Nassoro Katuga: Where is he?
Brenda Rupia : I don't see him here / I don't know.
Nassoro Katuga: Gervas Lyenda.
Brenda Rupia : I don't know him.
Nassoro Katuga: Appolinary Boniface.
Brenda Rupia : I know him.
Nassoro Katuga: Does he work under you?
Brenda Rupia : Yes.
Nassoro Katuga: John Kitoka, when was the last time you saw him?
Brenda Rupia : Kigoma Central Committee.
Nassoro Katuga: Therefore, let the Judges record Kigoma Central Committee.
Brenda Rupia : In the 6th month.
Nassoro Katuga: Can a person work while you are out of the country?
Brenda Rupia : Yes.
Nassoro Katuga: Can the CHADEMA Chairman lead the party while abroad?
Brenda Rupia : It's possible.
Nassoro Katuga: Under which constitution?
Brenda Rupia : By operation only, I don't know if the constitution states it.
Nassoro Katuga: Is it true that you and those I mentioned were operating the party from Nairobi [Kenya]?
Brenda Rupia : That's not true.
Nassoro Katuga: Is it true that in your testimony you stated you managed to watch the Jambo TV video online?
Brenda Rupia : Yes, I watched it.
Nassoro Katuga: What clothes was the accused wearing?
Brenda Rupia : Combat* ( party's official uniform).
Nassoro Katuga: What were you wearing?
Brenda Rupia : Combat*.
Nassoro Katuga: What color?
Brenda Rupia : Black.
Nassoro Katuga: So what color combat was he wearing?
Brenda Rupia : I don't recall.
Nassoro Katuga: Was he wearing glasses?
Brenda Rupia : I don't recall.
Nassoro Katuga: Was he wearing a black T-shirt underneath khaki combat?
Brenda Rupia : I don't recall what combat or what T-shirt.
Nassoro Katuga: Is it true that in that video there was a National Flag (Tanzanian flag) behind?
Brenda Rupia : True.
Nassoro Katuga: Is it true there was a CHADEMA Flag?
Brenda Rupia : True.
Nassoro Katuga: Is it true that you stated here yesterday that you were in court during session for the Republic's witnesses?
Brenda Rupia : True.
Nassoro Katuga: Is it true that the Republic's witnesses stated here in court that they saw Lissu wearing khaki combat, a black T-shirt underneath, and glasses, with the National Flag behind?
Brenda Rupia : I don't recall.
Nassoro Katuga: If the witnesses stated that they saw Lissu standing, wearing CHADEMA combat, with the National Flag and the CHADEMA Flag behind him, would those
Language: English (US)
GOVERNMENT COUNSEL INTERROGATES CONTINUES WITH CROSS EXAMINATION OF DW4 BRENDA RUPIA IN COURT
PART 5.
Nassoro Katuga: This phrase “we will incite rebellion,” who was it against?
Brenda Rupia : Against oppressive laws.
Nassoro Katuga: Tell the Honorable Judges, inciting rebellion against this law (he shows a law book), to do what, to tear it up or?
Brenda Rupia : Oppressive laws. (She shows the law book.)
Nassoro Katuga: When you mentioned law, which law did you mention?
Brenda Rupia : I didn't mention one.
Nassoro Katuga: Those who change the system, are the laws or people in authority?
Brenda Rupia : People in authority.
Nassoro Katuga: So, rebellion goes against laws or people in authority?
Brenda Rupia : Against oppressive laws.
Nassoro Katuga: When he said that “we will incite rebellion, we will stop the election, we will disrupt the election,” were these words aimed at stopping laws or people?
Brenda Rupia : They were aimed at laws.
Nassoro Katuga: These words “we will stop the election” were aimed at people or laws?
Brenda Rupia : Oppressive laws.
Nassoro Katuga: When you say “we will stop the election,” are you aiming at people or laws?
Brenda Rupia : There's no interpretation for that here.
Nassoro Katuga: Who participates in an election?
Brenda Rupia : People.
Nassoro Katuga: When you stop an election, are you stopping people or laws?
Brenda Rupia : You're stopping the whole process.
Nassoro Katuga: Dooooooohhhh!
Nassoro Katuga: Alright, do you know that the CHADEMA Constitution believes in people's freedom?
Brenda Rupia : I know.
Nassoro Katuga: Which article?
Brenda Rupia : I would have to read it.
Language: English (US)
GOVERNMENT COUNSEL CROSS-EXAMINES BRENDA RUPIA IN COURT
PART 6.
Nassoro Katuga: Is it true that the philosophy of "No Reform, No Election" aimed for CHADEMA not to participate in elections until reforms are made?
Brenda Rupia : Not true. The [CHADEMA party's] stance is "No reforms, no election."
Nassoro Katuga: Am I correct in saying that CHADEMA is not ready to participate in elections?
Nassoro Katuga [continues] Is it true now that CHADEMA said "No reforms, there will be no election"?
Brenda Rupia : Not true.
Nassoro Katuga: Tell the Honorable Judges if you understand that an election is a constitutional matter.
Brenda Rupia : I understand.
Nassoro Katuga: And you know that the Constitution is a process?
Brenda Rupia : I understand.
Nassoro Katuga: When did "No Reform No Election " begun?
Brenda Rupia : [Year ] 2024.
Brenda Rupia : [continues] My lords, I request to make a correction.
Judge Dunstan Ndunguru: The witness requests to make a correction.
Nassoro Katuga: We request to ask questions first.
Judge Dunstan Ndunguru: The witness DW4 can make corrections during their
examination-in-chief. However, during
cross-examination, there is no opportunity to make corrections, unless they await re-examination.
Nassoro Katuga: Witness, can you explain how the Chairman instructed you to prevent the election?
Brenda Rupua : He instructed ?.
Nassoro Katuga: Tell the Honorable Judges if he instructed a way to disrupt the election.
Brenda Rupia : He instructed.
Nassoro Katuga: Tell the Honorable Judges if he instructed how to make things intense.
Brenda Rupia : He instructed.
Nassoro Katuga: In your testimony, you stated that making things intense means to cook [asian rice] pilau*. Tell the Honorable Judges if the Chairman instructed you to cook pilau on election day.
Brenda Rupia : He did not say to cook pilau.
Nassoro Katuga: Tell the Honorable Judges if, in your primary testimony, you explained how he instructed you to make things intense.
Brenda Rupia : I did not explain.
Nassoro Katuga: Tell the Honorable Judges, in your testimony, did you tell the Judges that we would disrupt the election in one, two, and three ways, as you stated?
Brenda Rupia : I did not say.
Nassoro Katuga: Tell the Honorable Judges if Lissu told us what to do to prevent the election.
Brenda Rupia : I did not say.
Language: English (US)
GOVERNMENT PROSECUTOR STILL INTERROGATES DW4 BRENDA RUPIA IN COURT
SECTION 7.
Nassoro Katuga: Tell the Honorable Judges, since you have been repeatedly informed that Lissu spoke publicly with the intention of threatening the Government, is that important evidence or not important evidence?
Nassoro Katuga: [state counsel Nassoro Katunga continues] "We will prevent the election" is a complete sentence with meaning, or is it not a meaningful sentence?
Brenda Rupia : It is a complete sentence that makes sense.
Nassoro Katuga: Tell the Honorable Judges whether burning polling stations or burning ballot papers can be an act of preventing the election.
Brenda Rupia : That is correct.
Nassoro Katuga: Tell the Honorable Judges whether destroying property can disrupt the peace and thus lead to preventing the election.
Brenda Rupia : That is correct.
Nassoro Katuga: Tell the Honorable Judges whether cutting off the fingers of voters can threaten others not to vote and thus prevent the election from taking place.
Brenda Rupia : That is correct.
Nassoro Katuga: Did you hear the Chairman say that we will file a case in Court as legal means?
Brenda Rupia : I did not hear.
Nassoro Katuga: You said CHADEMA believes in democracy?
Brenda Rupia : Yes.
Nassoro Katuga: So, is it right for someone to participate in elections?
Brenda Rupia . : Is it right for someone to participate in free and fair elections.
Nassoro Katuga: Is it right to prevent someone from participating in elections?
Brenda Rupia : It is not right.
Nassoro Katuga: Is it a illegal and criminal offense for someone to encourage another person to prevent elections?
Brenda Rupia : I don't know.
Nassoro Katuga: Tell the Honorable Judges, for anyone who listened to the speech, to interpret it as they want...
Brenda Rupia : Is it right or not right for someone who heard the Chairman's speech to do as they want?
Brenda Rupia : It is right.
Nassoro Katuga: So, is it right for someone who heard the Chairman's speech to do as they want?
Brenda Rupia : It is right.
Nassoro Katuga: Do you remember the testimony of PW3* [Prosecutor's Witness ] ?
Brenda Rupia : PW3* is among the witnesses I did not hear.
Nassoro Katuga: Is it true or not true that these G55* (later they defected to CHAUMMA party) were members of CHADEMA at that time?
Brenda Rupia : They are members.
Nassoro Katuga: Is it true or not that immediately after they committed themselves (to the cause), after seeing this cause, they became involved in rebellion?
Brenda Rupia : It is true
Nassoro Katuga: Is it true that when they saw that the stance to prevent the election indicated rebellion, they left CHADEMA ?
Brenda Rupia : They continued to remain loyal to the party political resolution but later on defected from the party [CHADEMA[
NASSORO Katuga: Is it true that after they said that the position indicated rebellion, did the Chairman not say that the position indicated rebellion?
Brenda Rupia : It is true
PART 8 & 9
The Republic side continues to cross-examine Defence Witness no. 4 DW4 of Hon. Tundu Lissu, ie DW4 Brenda Rupia.
NASSORO Katuga: Do you know what body in Tanzania is responsible for protecting the peace of the country?
Brenda Rupia : The Police Force and the Government
Nassoro Katuga: In your testimony, you told the judges what legal means exist that can prevent elections?
Brenda Rupia : I have not
explained.
TUNDU Lissu: I request a 5-minute HEALTH break
Judge Dunstan Ndunguru: That's right, people, we have taken a 5-minute break.
Nassoro Katuga: You said Lissu has been denied his benefits in parliament, have you ever followed up?
Brenda Rupia : I have never followed up?
Nassoro Katuga: Since you said you have not followed up, will I be correct that the Chairman has a grudge against the Government?
Brenda Rupia : I do not know if he has a grudge or not .
The Government attorney is standing, we have no more questions and since I heard the Defendant say he has no questions for re-examination, I request that we have time to break so that he can prepare the next witness, then at half past One we will return
Tundu Lissu: Honorable judges, I said at that point, but up to this point I have several questions.
Judge Dunstan Ndunguru: The witness will be asked questions for re-examination,
Hon. Tundu Lissu: witness DW4 is sorry, [while laughing as usual with his smile], I am sorry for you DW4 being passed through this fiery burning legal furnace
Brenda Rupia : Thank you
Hon. Tundu Lissu: in my speech you were asked if I said there were ways to prevent the election and you said yes. What did you mean?
Brenda Rupia : I meant that you said one way is to not participate in the election and then we will have really ruined it
Hon. Tundu Lissu: Nassoro Katuga asked you if I said we would disrupt the election and you said yes, now explain
NASSORO Katuga: [OBJECTION] Honorable judges, I asked the way as he mentioned during the examination - in- chief, he said it was important evidence and he said it was important. This is an afterthought to correct myself. Re-examination is a way to clarify what you answered during the re-examination, not to clarify what you did not bring during the re-examination,
Hon. Tundu Lissu: Honorable judges, I have argued with the State Attorney Katuga for over a year now and I do not want to continue arguing with him too much, I ask the Court records to guide us. The
objection is baseless, what [Nassoro ]Katuga says is that it was just a case, my witness DW4 [Brenda Rupia] said yes, so I should not ask the re-examination questions, that is nonsense with all due respect. They would not have wanted me to ask them, they would not have asked them during cross-examination, the fact that they have asked them questions, I must ask for clarification .
Here, Lissu has been strict in law.
Silence has reigned here and the judges are deliberating for a while so that they can come and provide clarification.
Judge Dumstan Ndunguru: He is referring to the court records and reading, it is true that those questions were asked.
Nassoro Katuga: Honourable judges, it is true that they were asked but our argument is that because the means of preventing or denying the evidence were not mentioned, the witness in chief cannot bring them up during re-examination in accordance with section 156 of the Evidence Act.
Hon. Tundu Lissu: Honourable judges, is only one person allowed to speak in court today?
Judge Dunstan Ndunguru: we are waiting for him to finish
Nassoro Katuga: Now the principle of
estoppel should be applied and not to bring new evidence, for example, if it were a paper, he would be asked to say he has it and start reading it?
Hon. Tundub Lissu: Section 156(3) requires an explanation of the questions asked during cross-examination. If there is something new, the law does not prohibit it absolutely.
Judge Dunstan Ndunguru: Let me ask your question now. For example, if the witness is now saying what it means?
Hon. Tundu Lissu: There are two, the court should reject it or accept it, then the Republic should cross-examine.
Hon. Tundu Lissu: [continues ]When you were asked about ways to disrupt or prevent the election, you answered yes, explain
Brenda Rupia : Honourable judges, it is true that the Chairman directed ways to disrupt or prevent the election.
PART 10
Hon. Lissu continues to re-examine his defense witness no. DW4
Hon. Tundu Lissu: You were asked if people supported me during the speech, you said you did not know, explain.
Brenda Rupia : There was no question for the participants whether they supported or did not support the speech
Hon. Tundu Lissu: You have been asked a lot about * David McAllister's statement, when you were asked if you conducted an investigation, you said yes, explain
* David James McAllister (born 12 January 1971) is a German politician who has been a member of the European Parliament since 2014
Brenda Rupia : Honourable judges, I called David McAllister himself and spoke to him and he said that the information was true, that is the investigation I conducted.
Hon. Tundu Lissu: You were asked and told that the information was false, you said it was true
Brenda Rupia : I called David McAllister and he told me that the information was true so the information I gave to the public was true.
Nassoro Katuga: Honourable judges the information that she made the call was not in the examination in chief * or in the cross examination *
With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story
Judge Dunstan Ndunguru: What do you say, the accused [Tundu Lissu] ?
Hon. TundubLissu: I think the phone call is a new matter, please strike it off
Judge Dunstan Ndunguru: Okay
Hon. Tundu Lissu: Witness, you were asked to read the translation of the word uasi, and you were asked that the word uasi has more than one interpretation and you said yes, explain
Brenda Rupia : Honourable judges, since it has more than one meaning, you can use one of the meanings and I meant the second interpretation which means opposing oppressive systems
Hon. TUNDU Lissu: You were asked about Gervas Liende *, why did you say you don't know him?
NASSORO Katuga: [OBJECTION] the question of why you said you don't know him brings new answers
Hon. TUNDU Lissu: Basically I just want the State Attorney to know that there is no one called Gervas Liende* CHADEMA
Hon. Tundu Lissu: You were asked about your colleagues John Kitoka, and you were asked can someone do party work while abroad? You said it was possible
Brenda Rupia : Honorable judges, there are no restrictions on the part of working on your party responsibilities.
Hon. Tundu Lissu: And that brings new things, Mr. State Attorney Nassoro Katuga?
People are laughing 😂😂😂 here Katuga just bowed his head and poor Katuga has nothing to say.
Hon. Tundu Lissu: You were asked about rebellion, and you were asked what kind of governance system does our country have? You said the country has a totalitarian regime
Brenda Rupia : I meant that the President has absolute say, the laws are not followed in this country.
Hon. Tundu Lissu: You were asked if it is wrong to encourage people to prevent elections, you said I don't know, what did you mean?
Brenda Rupia : Honorable judges, legally I don't know if encouraging rebellion is wrong.
Hon.Tundu Lissu: You were asked if it is right for people to interpret words in a speech as they see fit, you said it is true
Brenda Rupia : Honorable judges, it is true that everyone has the right to interpret that speech as they see it
Hon. Tundu Lissu: you were asked if it is right or wrong for people to do as they see fit, you said yes, explain
Brenda Rupia : Because the speech was aimed at people preventing speech, for example, if people had not gone to the elections, they would have already prevented the elections
.
Hon. Tundu Lissu: Honorable judges, I have no further questions.
Judge Dunstan Ndunguru : Defense Witness DW4 [Brenda Rupia], you have finished giving your evidence so the court is now discharging.
View: https://m.youtube.com/watch?v=E8sYMbqj7Yg
The State Attorney Ajaye Bilishanga Zegeli [stands up]: Honorable judge, it is currently 9 minutes to ONE o'clock, I request that we use this time to adjourn and for the Defendant to prepare his witness[ DW5 John W. Heche].
Judge Dunstan Ndunguru: The hearing is adjourned until 2:30 p.m.
The High Court is being called. The judges are leaving.
Let's meet here at 2:30 p.m.
The case will resume at 2:30 PM, when Vice Chairman John W. Heche — Tundu Lissu's fifth defence witness i.e DW5 John Wegesa Heche — will begin giving his testimony...
TUNDU LISSU INTERROGATES HIS DEFENCE WITNESS DW5 JOHN HECHE IN COURT
PART 1
View: https://m.youtube.com/watch?v=_yPQA7WvvXE
Judge Ndunguru: So we have agreed to proceed with the current witness.
And today, after hearing the current witness, we will read that decision, so that both parties may know the status of those witnesses.
Lissu and Government Lawyers: Okay.
Judge Dunstan Ndunguru: Witness DW5, your names ?
JOHN Heche: My name is John Wegesa Heche.
Judge Dunstan Ndunguru: Your age?
JOHN Heche: 45 years.
Judge Dunstan Ndunguru: Where do you live?
John Heche: Tarime / Mwanza.
Judge Dunstan Ndunguru: What is your occupation?
John Wegesa Heche: Vice Chairman of CHADEMA.
Judge Dunstan Ndunguru: Your religion?
John Heche: Christian / Seventh-day Adventist.
JOHN Heche: [Oath ] I, John Wegesa Heche, do solemnly swear before this honorable Court that the evidence I shall give will be the truth, the whole truth. So help me God.
Judge Dunstan Ndunguru: Let's proceed.
Judge Dunstan Ndunguru: [ Tundu Lissu [Will you lead him?
Tundu Lissu: I will lead him.
Tundu Lissu: Witness, you stated you are the Vice Chairman of the Party for Democracy and Progress. CHADEMA How long have you held that position?
JOHN Heche: I have been the Vice Chairman for Mainland (Tanganyika) CHADEMA since last year, January 2025.
TUNDU Lissu: Explain to the Honorable Judges, how does one become the Vice Chairman of CHADEMA?
John Heche: Honorable Judges, the Vice Chairman of CHADEMA is elected at the National General Meeting.
Tundu Lissu: Explain to the Honorable Judges, for how long does the Vice Chairman of your party serve in that position?
John Wegesa Heche: Honorable Judges, the Vice Chairman of CHADEMA serves in that position for 5 years.
Tundu Lissu: Explain to the Honorable Judges, who was your predecessor in that position?
John Heche: Honorable Judges, before me, Tundu Antipas Lissu held this position, who is currently the National Chairman.
Tundu Lissu: Before being elected Vice Chairman, what position did you hold?
John Wegesa Heche: Before I was elected Vice Chairman, I was a Member of the Central Committee.
John Lissu: Explain to the Honorable Judges, what kind of organ is the Central Committee?
John Heche: The Central Committee is the executive organ of the General Council.
John Lissu: How are the members of the Central Committee selected?
John Wegesa Heche: The National Party Chairman, the National Party Vice Chairman for Mainland and Zanzibar, the Secretary-General, the Deputy Secretaries-General for Mainland and Zanzibar, are the ones who must be elected to their positions.
- Chairpersons of the Councils:
- Chairperson of BAWACHA,
- Chairperson of BAVICHA,
- Chairperson of BAZECHA.
- Regional Chairpersons.
- There are 10 regions, 8 from Mainland and 2 from Zanzibar.
- Members elected by the Party's General Council.
- And members appointed by the National Party Chairman.
TUNDU Lissu: To your knowledge, how many members are there in the Central Committee?
John Wegesa Heche: There are five from the General Council, five nominated by Chairman.
There are also 10 from the Regions.
There are 6 who enter by virtue of their positions.And 3 members by virtue of their positions. And there is the Secretariat, who are non-voting members.Therefore, there are a total of 29.
Tundu Lissu: Explain to the Honorable Judges the responsibilities of the Central Committee.
John Wegesa Heche:
- To oversee the National Party Secretariat, which is the daily executive organ.
- To hold meetings and make decisions on matters that arise frequently.
- To supervise the operational activities of the party.
- To review and approve past minutes.
- To plan meetings of the Party's General Council.
- To approve agendas going to the Party's General Council.
Tundu Lissu: Witness DW5, explain to the Honorable Judges, for how long have you been a Member of the Party's Central Committee?
JOHN Wegesa Heche: I have been a Member of the Party's Central Committee for 15 years, since 2011.
TUNDU LISSU INTERVIEWS JOHN HECHE'S WITNESS IN COURT
PART 2.
Tundu Lissu: Tell the Honorable Judges about other party positions you have held.
John Wegesa Heche: I have been the Chairman of the CHADEMA Students Organization (CHASO) Branch.
Tundu Lissu: Which branch?
JOHN Heche: SAUT Mwanza branch, from 2006 to 2009.
Tundu Lissu: What is SAUT ?
JOHN Wegesa Heche: Saint Augustine University of Tanzania-SAUT
TUNDU Lissu: Another position ?
John Wegesa Heche: I was the Chairman of the CHADEMA National Youth Council (BAVICHA) from 2011 to 2014, a position that gave me the mandate of the Central Committee. I was the Chairman of the Serengeti Zone from 2016 to 2019, a position that made me a Member of the Central Committee.
TUNDU Lissu: What is the Serengeti region?
John Heche: It is a zone with three regions: Mara Region, Shinyanga Region and Simiyu Region.I have been a Tarime Councillor.
Tundu Lissu: Hold on DW3, I was coming there, don't beat me to it.
JOHN Heche : Okay.
Tundu Lissu: Explain to the Honorable Judges your leadership position outside the party.
John Wegesa Heche: Honorable Judges, I was once a Councilor elected in the 2008 by-election. After the MP and Councillor passed away, I run for election and was elected as a Councillor for Tarime Urban. For the record, I was elected while still a university student.
Tundu Lissu: What college? Don't assume that people know your all your bio.
John Wegesa Heche: I was still a student at St. Augustine's College, Mwanza. Also, I was a Member of Parliament from 2015 to 2020.
Tundu Lissu: Are there other leadership positions that you would like the Judges to be aware of?
John Wegesa Heche: As the National Youth Chairman, I was a Board Member of
the International Democratic Union IDU * , from the time I was the CHADEMA Youth Chairman until I graduated.
*The International Democracy Union is an international alliance of centre-right to far-right political parties. Headquartered in Munich, Germany
PART 3.
Tundu Lissu: Since, Defence Witness DW5, I have called you to give evidence in this case, I would like you to explain to Your Honors what kind of person I am as you know me.
John Wegesa Heche: Your Honors, I know my Chairman as:
- A righteous person.
- An honest person.
- A patriot who loves this country.
- A good law scholar.
- Democrat.
- Someone who likes to challenge ideas with arguments.
- Someone who has been an MP and among the best MPs before I entered Parliament, and I have worked with him in Parliament.
- A brave man; in our language, a true warrior.
For us people from Tarime, we have known him, especially I have known him, when he came to defend the late Chacha Wangwe * when he was politically imprisoned.
the prominent opposition member and former Member of Parliament for Tarime,* Chacha Zakayo Wangwe (often known as "Chacha Rasta")
And to defend the people of Nyamongo, the owners of the indigenous lands where gold was found and who were being displaced, like the late Agustino Sasi
TUNDU LISSU INTERROGATES HIS WITNESS JOHN HECHE IN COURT
PART 4.
Tundu Lissu: Tell the Honorable Judges, why did you mention Mzee Agustino Sasi? What's so special?
John Wegesa Heche: Mzee Agustino Sasi was imprisoned for 30 years, and at that time, he was the Kewanja Village Chairman through CCM.
He was imprisoned for 30 years for these cases of oppression, of property confiscation, including his land.
Honorable Judges, after being released from prison, Mzee Sasi joined our CHADEMA party and was elected Councilor.
When I joined the Council of Councilors, I found him to be a second-term Councilor.
TUNDU Lissu: You mentioned the late Chacha Wangwe and the late Mzee Agustino Sasi. Tell the Honorable Judges about other people I defended their problems before the courts. If you know the number, state it.
John Wegesa Heche: Honorable Judges, I cannot recall the exact number, but it's more than 20 whom he defended. I remember:
- The late Chacha Wangwe *a.k.a [Rasta Chacha].
- The late Agustino Sasi.
- And other elders.
Tundu Lissu: Now, Witness DW5, I have called you to testify in the case I have been charged with.
I want you to tell the Judges, what happened on April 03 last year [2025] ?
JOHN Heche: Honorable Judges, on April 03 last year [2025], there was a meeting of aspirants who wished to contest through our CHADEMA party.
TUNDU Lissu: What was the purpose of that aspirants' meeting?
John Heche: It was to inform them about the [CHADEMA] party's stance that without reforms, there would be no election.
The intention was to educate them on why the party took that position, which was established in previous meetings.
TUNDU Lissu: Tell the Honorable Judges, what were those previous meetings and their dates, if you recall?
John Wegesa Heche: Honorable Judges, as I said, I have been a member of the Central Committee.
I was present in the meetings after the 2024 TAMISEMI [ RGLG] Regional Governments and Local Government elections were ruined nationwide, with CHADEMA candidates being massively disqualified across the country.
Nearly 80 percent, with people killed like in Manyoni, our candidate killed, and here in Dar es Salaam.
TUNDU LISSU INTERVIEWS HIS WITNESS JOHN HECHE IN COURT.
PART 5
TUNDU Lissu: What happened?
JOHN Heche: The party met under the then Chairman, Freeman Aikaeli Mbowe, on December 03, 2024.
JOHN HECHE : [continues] We discussed what happened in the election, and we determined that it was not an election but corruption and murder. And there the party met and resolved, and we adopted the position of “No Reforms, No Election.”
Tundu Lissu: What did you say the Swahili for “No Reforms, No Election” is?
John Heche: Without changes, there is no election.
Tundu Lissu: Explain to the Honorable Judges what changes the Central Committee of CHADEMA party said if they are not held, there will be no election?
John Wegesa Heche: Honorable Judges, the Central Committee resolved on major constitutional and legal changes. Removing the President’s extensive powers which includes to form an Electoral Commission which president appoints the Chairman, Members and Directors, where the president also contest as a candidate in that very said election and then he forms the commission.
Just like Simba Sports Club plays a derby with Young Africans [Yanga] sports club , then it rival Simba Sports select a referee to officiate the derby game.
Tundu Lissu: This country has many commissions. Which commission are we talking about?
John Heche: An independent Electoral Commission INEC that will not be biased during the election for one of the candidates.
TUNDU Lissu: I remind you not to go to fast in your testimony [not precede me].
Judge Dunstan Ndunguru: [Tundu] Tell him, Remind him.
Tundu Lissu: Tell the Honorable Judges your experience with the problems of this country.
John Wegesa Heche: Honorable Judges, as I explained earlier, I have contested and been a Councilor and have been a Member of Parliament in the elections of this country.
And I have also participated in campaigns in various parts of the country, such as the Arumeru by-election, the Busanda / Geita election, the Igunga election, the Kinondoni election in 2018.
I have participated in the parliamentary elections in 2015 and 2020.
All of those elections, Your Honors, were accompanied by great pain:
- Murder.
- The elimination of our candidates.
- Denial of affidavit forms for our agents.
- Removal from stations while the exercise is in progress.
- Our schedules were disrupted by the Police.
- People being beaten at campaign rallies.
- Our candidates were denied results forms.
- * Ballot stuffing by the Police and Security Forces at the polling stations, who are supposed to supervise the elections.
- Our candidates are being eliminated for trivial reasons, such as being told they are unable to read and write or fill out forms.
* Ballot stuffing or ballot box stuffing is a form of electoral fraud in which a greater number of ballots are cast than the number of people who legitimately ...
John Henche [ continues] I will start directly with the killings that I witnessed in the elections.
In the Arumeru East election, [Arusha region Tanzania] when Joshua Nasari was running—
Tundu Lissu: What happened?
John Heche: Our Usa River Ward Secretary, Msafiri Mbwambo, was killed by being cut in the neck with a chain saw from behind. (He points with his hand.)
He was killed by people who were believed to be CCM members.
And until now, no one has been arrested by the Police Force or imprisoned for the murder.
Tundu Lissu: Another incident?
John Wegesa Heche: Here in Kinondoni [Dar es Salaam ], the Hananasifi Ward Secretary of CHADEMA named Daniel Yona was killed.
Likewise, there has been no investigation nor has anyone ever been arrested.
Likewise, Honorable Judges, as I said, when we were monitoring the oaths of our agents in the Kinondoni election, February 2018—
For the same obvious reasons of bias, when we were monitoring our oaths certificates with Director
Kagulumjuli—
Tundu Lissu: What is
Kagulumjuli Kinondoni? He was the Director of Kinondoni Municipality?
John Heche: Yes. While we were monitoring, we were attacked by the Police with live gunfire.
Some of our members were seriously injured.
In the attack, a student named Akwilina Akwelini was shot dead.
Later, the former Dar es Salaam
Special Zone Police Commander, Dr. Lazaro B. Mambosasa, confirmed this.
No Police officers were arrested or charged. We were charged:
Me [John Heche] , Freeman Aikaeli Mbowe, the then Chairman; John John Mnyika, Deputy Secretary General; Dr. Vincent Mashinji, former Secretary General; Peter Msigwa, former Iringa Member of Parliament.
John Lissu: Is there an Iringa Constituency?
John Heche: [ continues] Iringa Urban. Esther Bulaya, Member of Parliament for Bunda Urban; Halima Mdee, former Member of Parliament for Kawe; Esther Matiko, former Member of Parliament for Tarime Urban; and Salum Mwalimu, former Deputy Secretary General for Zanzibar.
PART 6.
TUNDU Lissu: So, witness, if I understand you, the party Chairman and MP have been charged, the Secretary General has been charged.The Deputy Secretary General for the Mainland and MP has been charged, and the Deputy Secretary General for Zanzibar has been charged.
And four MPs have been charged.
Explain to the Honourable Judges, what offence were you charged with and where did the case end?
John Heche: All those who were charged are senior CHADEMA party leaders and MPs. And they are all members of the Central Committee. We were charged with different offences.
There was a person who had four counties of charges, and they were different.Incitement, an assembly without a permit.
TUNDU Lissu: Before I forget, explain to the Honourable Judges what the case was like?
John Heche: Honourable Judges, as you know—
Tundu Lissu: [intervene ] They [judges] don't know.
John Wegesa Heche: Honourable Judges, at that time our Chairman i.e , the current chairman Tundu Lissu, was severely injured after being ambushed in the gated premises that housed the senior government and Parliament officials. So, he was receiving treatment abroad. At that time, he [Tundu ] was the Vice Chairman—mmmhh, no— he was the Attorney General of the party. That was the reason he was not with us, because he was receiving treatment abroad after being attacked in 2017.
Tundu Lissu: What was the decision of that case?
John Heche: The decision of that case, we were imprisoned for six months and fined.
For example, I was fined Tanzania shillings 40 million, but the total was more than Tanzanian shillings . 310 million
TUNDU LISSU INTERVIEWS HIS WITNESS JOHN HECHE IN COURT.
PART 7.
Tundu Lissu: Tell us, and Honourable Judges, which Court was that?
John Wegesa Heche: It was the famous Kisutu Resident Magistrate's Court.
Case was heard by a principal resident magistrate who was called Wilbroud Mashauri, who later rose to become a Judge.
We appeared before Kisutu's Principal Resident Magistrate Wilbroud Mashauri
John Lissu: After being sentenced, what happened next?
John Heche: We appealed to the High Court and the sentence was overturned. And the government was ordered to return our money [fines paid] which until now I have never received.
I have made every effort to get my Tanzanian shillings 40 million back, but it is as if I have been convicted as guilty, even though the High Court issued an order.
John Lissu: Tell us, and Honourable Judges, which High Court Judge issued that sentence, if you remember?
John Wegesa Heche: Judge Irvin Mgeta, Honourable Judges.
Judge, High Court of Tanzania. Ilvin Mugeta obtained his LLB from the University of Dar es Salaam in 2000 and his LLM from Mzumbe University
Tundu Lissu: Now witness, do you remember you said there was a murder of Akwelina Akwilini. Tell us, Honourable Judges, where did that news of the murder of Akwelina Akwilini end up?
John Heche: Honourable Judges, it ended there after we were arrested, but no police officer was arrested or charged or imprisoned for the killings that took place during that period.
John Heche: Honourable Judges, I was continuing with the killings during the election. When I was running for Parliament in 2015, when I went to campaign in Nyanungu Village, Tarime Rural, in 2015, we were attacked and Mr. Bhoke Mwita Weitei was killed.
John Lissu: Who were you attacked by?
John Heche: We were attacked by CCM supporters who were arrested and later a criminal case was opened, but they were released, and the next day were set free . It did not continue, it ended.
Tundu Lissu: When you say a case was opened and later they were released, what do you mean?
John Heche: They were arrested because they are known in the village.They spent time in prison and were later released, and the case did not continue.
John Lissu: Explain to Honourable Judges, in the 2015 election, what happened in the Busanda election?
John Wegesa Heche: In the same year 2015, in Busanda Constituency, our leader Alphonce Chemiu Mawazo was killed. He was a Parliamentary Candidate for Busanda Constituency.
Honourable Judges, we even had to contest the incident in Court to have an open decent public burial , while his body was in the hospital.
Then later we were allowed by the Judge to say goodbye to him, and later we went to say goodbye to him in his village.
John Lissu: Tell Honourable Judges, what position did > CHADEMA cadre] Alphonce Mawazo hold?
John Heche: Honourable Judges, Alphonce Mawazo was the Geita Regional Chairman of CHADEMA and a member of the Party's Central Council.
TUNDU Lissu: Tell Honourable Judges, if any action was taken against those responsible for the murder of CHADEMA leader Alphonce Mawazo.
John Heche: Your Honors, I don't remember the end of that case very well, so I can't explain it well.
TUNDU LISSU INTERVIEWS HIS WITNESS JOHN HECHE IN COURT.
PART 8.
Tundu Lissu: Tell the Honorable Judges, what happened in your constituency of Tarime in the 2020 General Elections?
John Heche: Honorable Judges, in 2020 during the campaign closing in Nyamongo, Matongo Ward, we were attacked and shot. Two people were killed and many injured. Mr. Chacha Isangora and Chacha Ngabya were killed.
JOHN Wegesa HECHE [Continues] Honorable Judges, all those who attacked these gentlemen are well-known people. They were arrested and bullet casings from their weapons were found there.
They are CCM leaders and another was a Village Chairman.
The bullet spent casings were taken by the Police. They were detained, but later released.
All of them [CHADEMA cadres] were killed due to electoral matters.
Tundu Lissu: Tell the Honorable Judges if there was another election incident in your constituency.
John Heche: No election incidents,
but in these very politics the Police killed my brother.
Tundu Lissu: Tell the Honorable Judges what happened.
John Heche: Honorable Judges, my younger brother is called Suguta Heche. He was arrested by the Police, handcuffed like this [hands[ behind his back.
John Heche [continues ] He was arrested in the Sirari area in 2018, stabbed while [hands] handcuffed behind his back. Later, they attempted to throw [body] him away as if he had had an accident or had been attacked by unknown people.
John Wegesa Heche : [continues ] The night guards at the area where they wanted to throw [his body ] him, they [night guards] saw them.
They took him back to the Police station. The RPC at that time issued a statement to the public that my younger brother was killed by the Police and promised that the person who killed him would be dealt with according to the law, which is the Police. Later, this police officer was released and transferred to the station, and until now he is a police officer.
I believe that the murder was done to get scare me. And he was killed because of my political stances against the evils of this Government, as part of openly intimidating me. And as a way to tell me that if your younger brother was killed, we can do anything to you too and no action should be taken.
Tundu Lissu: Honorable Judges, it is already 5 o'clock plus a few minutes. I would like to ask you the last two questions of today, and then we will adjourn.
Tundu Lissu : Explain to Honorable Judges, in the 2020 [Tanzania] General Election when I came to the General Election in your constituency, Nyamongo, Tarime, what happened?
John Heche: Honorable Judges, Tundu Lissu was a Presidential Candidate for 2020 [Tanzania general election]. On the first day, we held meetings with him in Sirari Ward and Tarime Urban. The next day, we were supposed to hold a meeting in Matongo Ward, Nyamongo.
John Wegesa Heche: [continues ]When we reached the junction to go to Nyamongo, Matongo, in an area called Kewanja, the Police stopped us at the Matongo area by firing tear gas at us. People were badly injured. Vehicles such as [CHADEMA campaign] vehicles were badly damaged.
JOHN HECHE : [continues ]People were badly hurt and later the citizens showed resistance, allowing us to continue with the meeting which was held peacefully. The police had the aim of dispersing the citizens from coming to listen to us. In their belief, after the harassment they expected people to flee from the campaign meetings . Fortunately it was Tarime, it is not easy for people to be disperse with tear gas and water cannons. People were determined to come and listen to the Presidential Candidate. Honorable Judges, since many parties were established, it has never happened to a CCM Candidate to have their meetings disrupted like this.
Tundu Lissu: On Election Day of year 2020, Rorya Constituency, what happened?
John Heche: On Election Day 2020, Rorya Constituency, when Ezekiah Wenje was running for the Rorya Constituency parliamentary seat through CHADEMA, they were attacked at their home in Shirati by the Police, were brother Nyatega Wenje was killed.
Nyatega Wenje is the brother of Mr. Ezekiah Wenje.
Tundu Lissu: What about Ezekiah Wenje, the Candidate, what happened to him?
John Wegesa Heche: Honourable Judges, in that incident Mr. Ezekiah Wenje survived being killed, fled to Kenya and later went into exile as a refugee in Canada.
Tundu Lissu: Tell Honourable Judges if there are any records of the steps taken against death of Nyatega Wenje.
John Wegesa Heche: Honourable Judges, I have no records of any legal nor investigative steps taken against the killers of Nyatega Wenje.
Tundu Lissu: Honorable Judges, I have finished today.
I request that we adjourn until tomorrow to continue with the examination in chief.
Judge Dunstan Ndunguru: What do you say from the prosecution?
Ajuaye Bilishanga Zegeli: Honorable Judges, it is okay to adjourn until tomorrow.
JUDGES CONVERSE IN LOW VOICE
Judge Dunstan Ndunguru: Since time has run out, the case is adjourned until tomorrow at 9am.
We will read the decision tomorrow morning.
Witness DW5 John Wegesa Heche , you will continue to give evidence. You are reminded that you are under oath, you will be required to be present tomorrow at 9 am.
JUDGES LEAVE
COURT SESSION ENDS HERE FOR TODAY 09 SEPTEMBER 2026.
TO MEET TOMORROW MORNING