THE arrest of Blessed Mhlanga, a prominent journalist in Zimbabwe, is unlawful.
The crux of the issue lies in the nature of his arrest and the context surrounding it.
Mhlanga was taken into custody under what critics describe as dubious charges related to an interview he conducted with Blessed “Bombshell” Geza, a Zanu PF central committee member and war veteran.
The fundamental argument is that his arrest violates the principles of journalistic freedom.
Mhlanga, as a journalist, was simply performing his duties when he interviewed someone of public interest, which should not expose him to criminal liability for the statements made by his interviewee, Geza, and his colleagues, who are also war veterans.
It is a well-established legal principle that journalists are not responsible for the opinions expressed by their sources.
By arresting Mhlanga, the State appears to be sending a chilling message to other journalists, discouraging them from pursuing stories that may be politically sensitive.
Moreover, the legitimacy of the charges preferred against Mhlanga is questionable.
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Mhlanga is an employee of Alpha Media Holdings (AMH) and critics point out that if those responsible for the production and broadcasting of the interview are not being prosecuted, the charges against Mhlanga seem to lack a solid legal foundation.
This raises concerns about selective prosecution and the misuse of State power to target individuals for their professional activities.
Mhlanga’s arrest has been described as a breach of the rule of law, particularly in a context where the presumption of innocence is a fundamental right.
The State claims that Mhlanga amplified potentially criminal remarks made by his guest, yet this assertion hinges on the determination that the interviewee’s statements were indeed criminal, a determination that has not yet been made by a competent court.
Until such a ruling occurs, any action against Mhlanga is viewed as premature and lacking legal basis.
Furthermore, the State’s argument against the granting of bail highlights intent to intimidate rather than pursue justice.
The equipment used in the alleged offences belongs to his employer, AMH, not to Mhlanga personally, suggesting that liability should lie with the media organisation instead of the journalist.
Mhlanga’s only “wrongdoing” appears to be exercising his rights as a journalist in a politically charged environment.
His arrest is symptomatic of broader issues regarding Press freedom and the rule of law in Zimbabwe, raising urgent questions about the safety and autonomy of journalists in the country.
Are we going back to the late former President Robert Mugabe era or his successor Emmerson Mnangagwa has been pretending all along.- Engineer Jacob Kudzayi Mutisi
