Harare – Lawyers representing Alpha Media Holdings (AMH) senior journalist, Blessed Mhlanga, are still awaiting court transcripts necessary to file a High Court bail application, despite having made a formal request last Friday, according to documents seen by NewsDay.
On Friday, Mhlanga’s legal team, Atherstone & Cook, formally requested a transcript of magistrate Gwitima’s bail ruling from the Clerk of the Magistrate Court. They also sought a record of the proceedings from his court appearance and bail proceedings in the Magistrates Court of February 25th.
“Please take note that this matter is extremely urgent,” the lawyers wrote in their initial request. “Our client’s liberty is of paramount importance, and to advance his bail appeal, the transcripts herein are essential.”
On Monday, the lawyers followed up with a second letter reiterating their demand. “Your urgent attendance to our request will be sincerely appreciated, and we look forward to receiving the outstanding documents as soon as possible,” the follow-up letter stated.
NewsDay reported that the lawyers had still not received the requested documents by the close of business yesterday. The delay is hindering their ability to file a bail appeal on Mhlanga’s behalf.
Mhlanga’s arrest has been widely condemned by media and human rights organisations. The US embassy in Harare stated on Friday that “constitutional rights to bail and free speech should apply to all journalists”.
AMH Chairman Trevor Ncube has also strongly condemned Mhlanga’s arrest, asserting that the journalist was simply carrying out his professional duties.
Ncube has challenged the police to arrest him instead, arguing that Mhlanga is not the publisher of the content in question. Ncube made these remarks to journalists at the Harare Magistrates Court, where he was present in solidarity with Mhlanga.
“Blessed is not AMH. He’s just a journalist practicing his profession, which is constitutionally protected, just like you guys are doing here, broadcasting to the public at home,” Ncube stated. “You can’t be accused of inciting the public for broadcasting what I’m saying right now. I am the one who should be brought before the courts, not the journalists who transmit the information. So, I’m disappointed in that regard, but this is the reality that we are in right now.”
Ncube expressed his disappointment with the denial of bail, citing selective application of the law and accusing the court of failing to recognise the importance of press freedom. He also accused President Mnangagwa of exerting control over the judiciary.
“I think fundamentally important is the fact that there wasn’t any indication that the court realises that you’re dealing with freedom of expression and press freedom, and that Blessed did not say any of the stuff that he is alleged to have said,” Ncube said. “Unfortunately, President Mnangagwa owns the courts. They have said they own the military; they own the police, they will do as they please. We will continue; I mean, I’m sure the lawyers will do what is right, but what we saw happening today is not fair; It is not justice, and our Constitution does not support what has just taken place here.”
Mhlanga’s lawyer, Chris Mhike, has indicated that he will file an appeal at the High Court as soon as the necessary transcripts are obtained. Mhlanga is scheduled to return to court on March 14th for a routine remand hearing.