HEART & Soul TV (HStv) head of news Blessed Mhlanga has launched an appeal for bail at the High Court after his initial freedom bid following his arrest on charges of inciting violence was rejected by a Harare magistrate a week ago.
Mhlanga was arrested on February 24 for covering Press conferences by expelled Zanu PF central committee member Blessed “Bombshell” Geza, who demanded President Emmerson Mnangagwa’s resignation for alleged corruption, incompetence and misgovernance.
He was denied bail by magistrate Farai Gwitima on claims that he was likely to interfere with witnesses.
Mhlanga’s legal team, led by Chris Mhike of Atherstone & Cook, filed an appeal yesterday arguing that there were no compelling reasons for his continued detention.
The appeal will challenge the magistrate’s conclusions that the journalist 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.
He said 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.
“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.
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“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.”
Mhlanga’s legal troubles began after HStv aired press conferences by Geza, a liberation war stalwart and ex-member of the Zanu PF central committee, on January 27 and February 11.
Geza criticised Mnangagwa’s leadership, asserting that the President had failed and should step down with immediate effect.
He also called for a nationwide shutdown to force Mnangagwa’s resignation.
Mhlanga was charged with 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.
His arrest and subsequent detention drew sharp criticism from media organisations and Press freedom advocates from across the world.
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) 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”.
