HARARE – Alpha Media Holdings (AMH) journalist Blessed Mhlanga, currently in remand prison on allegations of publishing “inciting messages”, will stay longer behind bars after High Court judge Gibson Mandaza on Monday reserved his ruling on his bail application.
After hearing submissions from both the state and defence, Justice Mandaza noted that he needs time to study them before making a decision.
Mhlanga was arrested on February 23 accused of transmitting messages with the intention of inciting violence.
He has spent more than 20 days in detention, as determination of his freedom bid remains pending at the High Court.
The state accuses the journalist of airing a press conference which was addressed by Blessed Geza, the firebrand Zanu PF politician and war veteran who has shot to national prominence through bold public demands for President Emmerson Mnangagwa’s resignation. Geza is now in hiding after police have indicated they were keen on his arrest for allegedly undermining the president.
Mhlanga’s lawyer, Chris Mhike said the journalist is currently sick but is hopeful of a positive court outcome.
“He was complaining of a fever today; So, he is not at his best in terms of his health but he remains strong and brave even if he is not well physically.
“He was determined to come to court and have his day in court and establish his innocence in this matter. So, he is very determined and very hopeful that justice will be served and would be getting his freedom back,” Mhike said.
Earlier in court, Mhike submitted that the lower court had misdirected itself by denying Mhlanga bail.
“He was not present at that press conference and has nothing to do with what was said at that press conference.
“Secondly, he did not transmit what was uttered at that press conference because he is not HSTV.
“He also admits that on YouTube, the ownership of the video was attributed to HSTV. He makes it clear that he is not HSTV. Therefore, with these common cause factors, it is difficult to comprehend why the state would in the first place arrest the accused and thereafter allege it has a strong case.
“This case is based on a lie. The lie that my client is HSTV. HSTV is the owner of the content and broadcasts the content.
“The State suggests that the transmission of that relevant video is an uncontroverted fact.”
The lawyer added, “But the question is who transmitted the videos. It would be unfair to conclude that because the videos were concluded, it was the appellant who transmitted the videos.
“It is not even alleged by the state that the video recordings show the appellant broadcasting or transmitting the videos.”
The state represented by Fungai Nyahunzvi said Mhlanga deserves to remain behind bars.
“We did not say he generated the message. For example, if one forwards nude images, he will be committing an offence of transmission.
“We are not saying he authored the uttered messages. We are saying he transmitted the messages.
“We are told that challenging placement on remand would have prejudiced the appellant but we don’t know why this is being said. That’s why courts sit,” he said.
Mandaza said parties will be informed when the verdict is ready.