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“Justice Delayed Means My Rights Are Violated” — Lissu Says

He cited the constitutional principle that justice delayed amounts to justice denied, reminding the bench that courts are required to conduct proceedings in a manner that does not unnecessarily delay justice.
February 9, 2026

The treason case No. 19605/2025 involving the National Chairman of the Chama cha Demokrasia na Maendeleo (CHADEMA), Tundu Lissu, continued on Monday, February 9, 2026, at the High Court of Tanzania, Dar es Salaam Sub-Registry.

The matter is being heard before a panel of three judges led by Judge Dastan Ndunguru. The session was scheduled for the Prosecution to respond to preliminary objections that were raised by the accused on November 12, 2025, when the case was last mentioned before the court.

The objections stem from the Prosecution’s use of a protected witness (PW11) and the use of a special in-camera witness booth installed in the courtroom for confidential testimony.

After hearing submissions from both sides, the court adjourned the proceedings until Wednesday, February 11, 2026, when it is expected to deliver a ruling on the objections and provide further directions on the case schedule.

Earlier in the session, before the Prosecution began responding to the objections, Lissu — who is representing himself — informed the court that he had several matters to raise concerning prison procedures and the overall handling of his case. He argued that there have been significant violations of his rights since the start of the proceedings, though he clarified that not all of the alleged violations were committed by the judges or state attorneys involved in the trial.

Lissu told the court he has now spent 307 days in remand custody — equivalent to about 10 months or 44 weeks — while the case has been heard for only 14 days so far, with Monday marking the 15th day. He said there had been an 88-day period of inactivity from November 12, 2025, when the case was last adjourned, until the present mention date, during which no hearings were conducted.

He cited the constitutional principle that justice delayed amounts to justice denied, reminding the bench that courts are required to conduct proceedings in a manner that does not unnecessarily delay justice.

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Lissu attributed part of the delay to the case scheduling system, criticizing the use of session-based hearings and recommending that the case instead proceed under the ordinary continuous hearing format. He noted that the authority to determine the mode of hearing rests with the Chief Justice and added that the session system has long faced criticism from judicial stakeholders, referencing findings discussed in past judicial reform reports.

In addition, Lissu raised concerns about his ability to communicate privately with his lawyers while in custody. He told the judges that when his lawyers visit him in prison, meetings are conducted in the office of the prison’s chief security officer and are monitored by multiple prison officials. According to him, conversations with counsel are being overheard by at least three officers, including the head of security and the prison superintendent.

He cited Regulation 13 of the Prisons Regulations under Government Notice No. 60 of 1987, which provides that prisoners and remandees have the right to communicate with their legal counsel or other approved representatives without their conversations being listened to by prison officers, although officers may remain within sight for security purposes.

Lissu said this issue previously arose when the case was at the Kisutu Resident Magistrate’s Court but was addressed after being brought to the court’s attention. He stated that the problem resurfaced after the High Court adjournment of November 12, 2025, and that for the past 88 days he has been unable to communicate confidentially with his lawyers, which he described as contrary to the law.

He urged the panel of judges to intervene and take corrective measures regarding the prison communication arrangements and the broader management of the case.

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