HARARE – High Court judge Gibson Mandaza has dismissed a bail appeal filed by detained Alpha Media Holdings (AMH) journalist Blessed Mhlanga ruling that he found no compelling argument to suspend findings of the lower court.

Mhlanga will complete a full month in remand prison next Monday following his arrest on allegations of publishing content containing inciting messages.

This was after the publication he works for, Heart and Soul TV covered a press conference by Blessed Geza, the outspoken Zanu PF politician and war veteran who has staged a fierce campaign for President Emmerson Mnangagwa to step down.

He was initially denied bail by Harare magistrate Farai Gwitima who ruled that his release would undermine peace and security in the country.

Among other things, the magistrate said Mhlanga would interfere with witnesses.

In his ruling, Justice Mandaza upheld every reason given by the lower court.

“My view is that the appellant lost it when he took that the prosecution’s views was an attack on his profession.

“Everyone should know that they are supposed to practise their job within the confines of the law,” the judge said.

The defence had argued that witnesses statements had not yet been recorded, telling the court that releasing Mhlanga will jeopardise investigations.

In his submissions, Chris Mhike, representing Mhlanga, also argued that there was still no violence in the country, even after publication of the said content that forms the basis of his client’s prosecution.

However, the judge said the charge was about transmission.

“It is not an essential element of the offence that violence should have occurred,” he said.

“I therefore associate my sentiments with that of the court below that the statement would affect peace and tranquillity. Such a finding based on the messages that were circulated cannot be faulted,” Mandaza said.

He said to allege that Mhlanga is being punished for what Geza said was invalid.

“I pointed out for the umpteenth time that the charge is not that he uttered the words. The fact that the messages were uttered by Geza does not change the colour of the allegations,” said the judge.

Mhlanga’s lawyer had also said that Mhlanga’s bid for bail was not a unique action by an accused person as other suspects facing different offences are easily granted their prayers for freedom by the courts.

“Applicants should not equate themselves with other accused persons. The law does not say that,” said the judge.

Mhike said the presumption of innocence still operated in his client’s favour because he is yet to be convicted.

But the judge said what is debatable is that bail is not an absolute right.

“Bail is not absolute. You can’t just say I deserve the constitution’s notions,” said the judge.

“It’s a qualified privilege which can be denied or granted by the court depending on the circumstances as supported by the law.”

Mhike had also said the magistrate failed to appreciate the fact that Mhlanga initially handed himself to the police when he heard they were looking for him.

Mandaza said this would have worked in favour of Mhlanga if he had been recorded as a flight risk.

“On the issue of interference. He didn’t deny that he was a senior reporter.

“Surely, the prosecution and the police didn’t invent his title.

“If that title was anything to go by, it would mean that the appellant wields significant power at HSTV,” the judge said.

On the issue of public security, Mandaza said “the court should take it upon itself to weigh the interests of an accused and that of the law to determine the issues of bail.”

“There was nothing amiss in the findings by the court aquo that the release of the appellant will undermine peace and security,” the judge said.

Mhike said “we are disappointed with judgement”.

The lawyer said they will approach the lower court again to seek bail on changed circumstances.