Harare – Blessed Mhlanga, the Head of News at Heart & Soul TV (HSTV), remains in remand prison as he challenges a lower court’s decision to deny him bail on charges of inciting violence. Mhlanga’s legal team has filed an appeal at the High Court, arguing that there are no compelling reasons to justify his continued detention.
Mhlanga, who is also a senior journalist with Alpha Media Holdings (AMH), has been behind bars for nearly two weeks following his arrest on February 24th. The charges stem from his coverage of press conferences held by Blessed “Bombshell” Geza, a war veteran and former Zanu PF central committee member. Geza, now a staunch critic of President Emmerson Mnangagwa, used the platform to demand the President’s resignation, citing alleged corruption, incompetence, and misgovernance. Geza also called for a nationwide shutdown to force Mnangagwa’s resignation. Geza is currently being sought by the police to answer to incitement, undermining the authority of the President and theft charges.
Mhlanga faces two counts of contravening Section 136 of the Criminal Law (Codification and Reform) Act, which pertains to transmitting data messages inciting violence or damage to property.
Magistrate Farai Gwitima initially denied Mhlanga bail, arguing that the journalist was likely to interfere with witnesses, who are allegedly his subordinates, and that his release could potentially spark unrest in Zimbabwe.
Through his lawyer, Chris Mhike of Atherstone & Cook, the AMH senior scribe told the High Court that Gwitima was wrong in denying him bail.
“We have amplified our efforts to secure freedom for Mhlanga by filing an appeal at High Court against Harare Magistrate Farai Gwitima’s decision to deny bail to the senior journalist. In the appeal, our lawyer Chris Mhike, argued that Magistrate Gwitima grossly erred and misdirected himself in denying bail to Mhlanga late last month as there were no compelling reasons to justify Mhlanga’s continued incarceration,” said ZLHR.
The appeal will specifically challenge the magistrate’s conclusions that Mhlanga might interfere with witnesses and that his release could threaten public peace.
Mhike argued that the court erred in assuming that Mhlanga’s position as a senior political reporter automatically meant he would influence witnesses, despite the fact that no specific witness was identified.
“In particular, the court a quo [lower court] misdirected itself in concluding that appellant would interfere with witnesses simply because he is a senior political reporter whose perceived juniors are potential witnesses [even though not a single actual or potential witness was identified by the State],” Mhike said.
He further argued that consent to remand does not equate to an admission of guilt and that the court ignored Mhlanga’s denial of the allegations during bail proceedings.
“Further, by concluding that the release of the applicant will likely disturb the public order or undermine public peace or security, the magistrate grossly erred because he descended into the arena,” Mhike said.
The arrest and subsequent detention of Mhlanga have drawn sharp criticism from media organisations and Press freedom advocates both locally and internationally.
The Media Alliance of Zimbabwe described the arrest as “an act of cowardice, unacceptable in a democracy that permits the practice of journalism as a constitutional right to free expression”.
Similarly, the International Federation of Journalists (IFJ) has called for Mhlanga’s immediate and unconditional release.
IFJ said “freedom of expression and media freedom are fundamental rights that enhance democracy and must be respected everywhere”.
IFJ general secretary Anthony Bellanger said the arrest of journalists under “vague and rogue criminal charges” could lead to self-censorship among media personnel. He urged authorities in Harare to respect their obligations in defending media freedom.
“Journalist Blessed Mhlanga has committed no crime and his arrest and detention is a travesty of justice,” Ballanger said. “ Intimidating and harassing journalists and the media in general with vague and rogue criminal charges that undermine their constitutional rights only leads to self- censorship, which has a negative effect on quality journalism.”
He called on the Zimbabwe government to move away from its past media repression era and create a conducive environment for the media to flourish.
Local and regional media freedom lobby groups have condemned the arrest describing it as an act of intimidation and harassment of journalists by the State.
As Mhlanga awaits the High Court’s decision, the case continues to highlight concerns about media freedom and the protection of journalists in Zimbabwe. The appeal is yet to be heard.
