Court approves Lissu's right to defend himself
Publish date: 16 June 2025
Issue Number: 1130
Diary: IBA Legalbrief Africa
Category: Tanzania
The Kisutu Resident Magistrate’s Court has approved a request by Tanzanian opposition leader Tundu Lissu to represent himself in the treason case he is facing, reports IPP Media. Lissu, who was initially represented by a team of over 30 lawyers, made the request today before Senior Resident Magistrate Franko Kiswaga. After the submission, Kiswaga stated that the court agrees with the request and that Lissu will defend himself until he decides otherwise. He also directed security officers not to prevent the accused from receiving documents from his lawyers during court proceedings.State Attorney Nassoro Katuga said they have no objection to the accused representing himself. On the issues raised about prison conditions, he said those should be addressed by the Prison Service. Lissu is facing two charges at the Kisutu Resident Magistrate’s Court: treason and publishing false information.
According to a report in Barrons, earlier Lissu told the court that he had been denied his basic legal rights and that he would defend himself against the treason charge that carries the death penalty. The politician was detained in April, a move denounced by international rights groups and monitors who have called for his release. Lissu said he he had been denied confidential access to his lawyers since his detention. ‘All the 68 days they have not been allowed to see me or speak to me,’ he said. ‘From now on I will be my own lawyer,’ he said. His party, Chadema, was disqualified from the upcoming elections after it refused to sign an electoral code of conduct. Lissu has led a forceful charge against the government, vowing his party would not participate in polls without significant electoral reforms. ‘I am under constant surveillance by day and night,’ Lissu said, adding he has also been denied the freedom to worship.
Meanwhile, Tanzania’s High Court, under Judge Hamidu Mwanga, has suspended all activities of Chadema, the country’s main opposition party, and barred it from using its assets and properties, reports Club of Mozambique. This follows complaints from Zanzibar-based Chadema members: Said Mohamed, Ahmed Rashid, and Maulidah Komu. The applicants argued that there was unequal allocation of the party’s resources, funds, and assets between Zanzibar and Tanganyika – the two entities that form the United Republic of Tanzania. They also claimed that members from Zanzibar are not provided equal opportunities within the party, and that there was discrimination based on religion, gender and residency. During the hearing, Chadema, represented by Advocate Jebra Kambole, submitted seven objections – all of which were overruled by the court.
Kambole withdrew from representing Chadema in protest over how the case was being handled. ‘I informed the honourable judge that I am requesting to withdraw from this case so that the party can have time to bring in another lawyer, even if it’s just for tomorrow. But I see that the judge has completely failed to accept even this fundamental argument, which relates to the party’s right to be heard and the right to legal representation in this case,’ Kambole explained. In response, the court stated that Kambole’s withdrawal lacked a plausible explanation and appeared to be an attempt to delay the proceedings, according to the Club of Mozambique. The court proceeded with the matter in the absence of legal representation for Chadema. The judge said Kambole conduct was unbecoming as an officer of the court. ’It is clear that his abandonment of the representation of his clients at the tertiary stage of the proceedings is designed to scupper the smooth progress of the case,’ he said in his judgment. The judgment comes as the Chadema chairperson remains in jail on treason charges, the party registrar has suspended subvention to the party, and the Electoral Commission has barred the party from participating in elections for the next five years, something that remains challenged at the court.