16 September 2026
High of Tanzania
Kivukoni Front
Dar es Salaam, Tanzania
Treason case no. 19605 / 2025
Republic versus Tundu Lissu
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Stay tuned for updates
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Today September 16, 2026
Yesterday we ended at part 428
Part 429
The court has started.
The judges have entered.
Hon. Lissu has also entered as usual, there is a lot of applause coming from the public gallery of the High Court chamber to welcome Chairman Tundu Lissu.
State attorney Nassoro Katuga introduces his colleagues.
Judge Dunstan Ndunguru says let's continue.
Hon. Tundu Lissu stands up and says I would like to speak to my witness DW5 John Heche for a moment, I see he has sent me a message here before we continue.
Hon. Tundu Lissu: Witness DW5 about the issue of kidnapping and the SADC report.
DW5 JOHN Heche: That issue of kidnapping, which is on page 6 of the report talks about kidnapping issues.
Nassoro Katuga: [OBJECTION] Page 6 was not mentioned when giving that evidence.
Hon. TUNDU Lissu: Let's not waste time, give us a word on page 6.
John Heche: The issue of kidnapping is in the SADC report, if you read it you will see.
Hon. Tundu Lissu: You said the words of kidnapping, denying that I did not use those explanations everywhere?
JOHN Heche: I meant the content is the same when discussing the electoral system. Only the choice of words was a different issue.
Hon. Tundu Lissu: Regarding the Tarime elections, you said that they7 were not free and fair and therefore you should not be an MP and you did not have that power to refuse to be an MP or did you not have that power?
Nsssoro Katuga: [OBJECTION ] We did not ask that.
Hon. TUNDU Lissu: Let the records [
judge's]guide us.
Judge Dunstan Ndunguru : I did not have the power to refuse to be an MP
John Heche: My explanation is that the [election] returning officer is the one who declares who has won the seat of MP.
Hon. TUNDU Lissu: The Director of Elections [INEC] became a candidate and who is now the MP for Butiama constituency and you said it was not correct. Explain?
JOHN Heche: I said that CCM's party rules require that a member of the party in order to contest should have been at minimum having a five-year party membership. So I believe he [ Director of INEC] joined CCM while he was still the Director of the Commission INEC because he could not have been allowed to contest if he had not yet fulfilled the threshold of five-year membership requirement.
Hon. Tundu Lissu: The question of judge Chande's [presidential] Commission was asked about you or the Party being called. And you were shown many letters but you said you were not called. Explain. Do not introduce new things. The State Attorney Nassoro Katuga will frown and shout OBJECTION.
John Heche: I did not receive any letter of invitation from the judge Chande's Commission and neither the CHADEMA Party, we [I and Party] did not receive letters because party offices was closed * [*through court injunction].
Nassoro Katuga: [OBJECTION] Regarding the party [officials] not being allowed to enter [office], as he DW5 did not say that.
Hon. TUNDU Lissu: Let us read what the [court] record says?
Judge Dunstan Ndunguru: When he was called by Judge Chande's commission. The letter was addressed to the Secretary General and was not addressed to the Party.
John Heche: It was not addressed to the Party.
Hon. Tundu Lissu: You were asked questions about the [CHADEMA] Party going before Parliamentary Committee and giving its opinion on the bill. Regarding removing the directors [DEDs] to oversee the elections.???
John Heche: [ funny enough] It is still the public servants who manage the Elections and our proposals [CHADEMA] were for the Commission to have its own staff from the national level down and not public servants.
Hon. Tundu Lissu: Regarding the Thabo Mbeki Foundation [Based in South Africa] and the Mwalimu Nyerere Foundation, what is the difference. Please Explain
John Heche: Thabo Mbeki Foundation operates in more than one country unlike the Mwalimu Nyerere Foundation which operates only in Tanzania, that is why I said it [Thabo Mbeki Foundation] is International.
Section 430
State attorney Job Mrema has stood up and said we are bringing him DW5 John Heche under section 156(4) of the Evidence Act, Chapter 6 for Re Cross Examination . The Court should use its powers so that we can recall him and conduct further cross examination and according to the record, yesterday he gave his evidence here in Court in relation to this matter and under oath he left the Court and went to CHADEMA headquarters Mikocheni Dar es Salaam [WORLD DEMOCRACY DAY 15 september 2026] to speak and produce other evidence.
State attorney Job Mrema : [continues ]We see that this evidence will help the Court do justice and he DW5 went to speak while still under oath. Let us be given the opportunity to ask him questions through Re Cross Examination about the evidence he said [WORLD DEMOCRACY DAY]* and I request to present it.
Hon. Tundu Lissu [OBJECTION] stands up with a very frown face.
Judge Dunstan Nduguru say sit down first, the accused [Tundu Lissu who represent himself]. We want to know several things.
Judge Dunstan Ndunguru : [asks] Now if a person swears in Court, so when he goes home, Is he still under oath? Let us help him understand.
State Attorney Job Mrema: [continues] Honorable Judges, he slept with the oath because when he swore, he had it, when he gets here he is told that the oath is still in progress. Therefore, this witness DW5 John Heche should be subjected to further Re Cross Examination, we have looked at it is that one of the reasons is that he is under oath and his oath has not been suspended, this witness DW5 John Heche is still under oath. He has produced evidence.
Judge Dunstan Ndunguru: We were looking off the record. Cross Examination is based on examination in chief now if something has been discussed there since, it is here in Court???
Judge Dunstan Nduguru : [continues] Also, your arguement that he DW5 has taken the oath home with him, that is your interpretation is
incorrect, the evidence is in Court and you are asking him about the things that were said in Court. The rest [World Democracy Day at CHADEMA HQ] is not in the Court. Therefore, the request is
without merit.
Hon. TUNDU Lissu : [stands up and says], Honorable Judges, I requested summons for witnesses, so I want to know the answers as to where those witnesses are and how we are going forward. Also, I cannot put a witness in the dock before I prepare him, so I must meet with them and direct them on what to do so that when they come to turn up in the dock, then I can deal with them properly.
Hon. TUNDU Lissu : [continues] The place to prepare the Witnesses and meet them is right here in the Court because I have no other place where I can meet my witnesses. I cannot go to their office or the prison so I have to meet and arrange matters here in the Court.
Judge Dunstan Ndunguru : [says] we expected you to tell us whether you have a witness or not, it is not only important that they are your witnesses and but also the Court did issued summons so we will break so that the High Court Registrar can give us feedback.
Section 431
State attorney Nassoro Katuga : stands up and says their Corum is the same and the accused is present and the case is ongoing for the defense and we are ready.
HON. Tundu Lissu [He stands up]. (says )after the Court's instructions I have contacted the Hon. The Registrar of this Court has come to see me and told me about the implementation of the Court's order regarding the summons to the three Witnesses.
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TUNDU LISSU (continues) : Hon. The Registrar of the High Court of Tanzania has informed me that all three witnesses summons were sent to Dodoma, however it was not possible to serve them with copies of the summons because all three are out of the country.
Tundu Lissu [continues] : Hon. The Registrar of the high court of Tanzania has said that one of the three defence witness , Police Commissioner CP Ramadhani Kingai, Director of Criminal Investigations CID , is expected to return to the country today.
Hon. TUNDU LISSU (continues) : And the Registrar of the high court of Tanzania has promised me that on Friday, Police Commissioner CP Ramadhani Kingai will be in Court to execute the summons of the Court. It is not known when the other two, General Jacob Mkunda and Wambura IGP, will return.
TUNDU LISSU : (Continues) In these circumstances, I propose that the Court adjourn the matter today until Friday at 2:30 PM so that I can use the morning session to consult with the defence witness one Police Commissioner CP Ramadhani Kingai who will come, including taking his statements.
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HON Tundu Lissu (continues ) And I hope, Honorable Judges, by 2:30 PM we will be ready to proceed with him Police Commissioner CP Ramadhani Kingai and regarding the rest, we will have to wait and finish with the one we have so that we can make decisions later with the others. Finally, I understand how tight the schedule of this case is and I would like to inform you that we should also go to the final submission so that you can sit down later to reflect and decide this case. My Lords, Whatever happens if they obey the Court's call, I believe that it will not take long. And if they do not come at all, that will be in your hands because you are the ones who have called for them to come and give evidence, I am the same as your Honorable Judges.
State attorney Nassoro Katuga: [laments] unfortunately, we have no objection to opposing the adjournment and when the Court extended this session until on. 18/09/2026
Judge Dunstan Nduguru says we added 14 working days.
Nassoro Katuga: So we ask the Court to insist that the Accused and his witnesses be able to appear.
Judge Dunstan Ndunguru: Now, guys [in public gallery], those are not the Accused's witnesses, what are you grumbling about? The Accused knows how to follow up. Let's instruct them.
Nassoro Katuga: Also regarding his request that if the witnesses do not come, he will leave the Court, he cannot leave it because they are his witness and the Court has already issued summons, so what is he asking the Court to do?
Judge Dunstan Ndunguru: [He laughs] that the court is not yours, what is that you always throw at each other here [ The court is not your Mother].
Judge Dunstan Ndunguru: Let's meet on Friday the 18th September 2026 at Two o'clock sharp[ 14:00Hrs]
