Dar Magistrate Commands Lissu's Court Appearance on May 19

A Tanzanian court on Tuesday ruled that opposition leader Tundu Lissu’s trial on a secondary charge of spreading false information with intent to cause civil disobedience be held in open court, dismissing the state’s argument for a virtual hearing.

Godfrey Mhini, the Principal Magistrate at the Kisutu Resident Magistrates' Court in Dar es Salaam, instructed that Lissu be transferred from Ukunga Maximum Security Prison in the city—where he remains in custody without bail—to appear before the court on May 19 for the initial proceedings of his case.

Lissu, chairman of main opposition party Chadema, is facing a more serious charge of treason for which Franco Kiswaga, another magistrate at the same court, has given the go-ahead for a virtual hearing.

In his ruling on April 24, magistrate Kiswaga rejected a motion by Lissu’s lawyers that he has a legal right to be physically present during court proceedings.

The magistrate stated that it fell under the court’s authority to rule that instances of treason, a capital offense in Tanzania with a death sentence upon conviction, should be conducted via video conferencing.

But magistrate Mhini said his ruling on the case before him was based on “principles of justice.”“The prison officers are directed to bring the accused to court on May 19 and the trial proceedings be made accessible to the public so long as it observes peace and security protocols in the court premises on the material day. This court also orders that all its instructions are followed without any flaws,” he said.

The treason case will also be brought up for mention on May 19 after prosecutors said Tuesday that they had not completed investigations, which Lissu’s defence team vehemently condemned.“It’s been almost a month since our client was arrested (on April 10). We need to be apprised of what in particular is delaying the investigation,” said lead defence advocate Mpale Mpoki.

State counsel Tawabu Issa said that “documents” were still being prepared to support the prosecution case in court, but added that “in general, there is no law requiring us (prosecution) to disclose when we will conclude our investigations.”According to Mpoki, the sooner the investigations are concluded, the earlier the case can be shifted to the High Court, which has the “proper” jurisdiction over treason cases.

The accusations facing Lissu, originating from his prominent position in Chadema’s demands for significant electoral changes before Tanzania’s upcoming general election, are broadly viewed as politically driven and indicative of a poor outlook for a free and fair ballot later this year.

This has also brought the administration of President Samia Suluhu Hassan and the governing CCM party into focus as the election approaches, with tensions escalating throughout Tanzania’s political scene. Provided by SyndiGate Media Inc. Syndigate.info ).

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