Blessed Mhlanga takes freedom bid to the Constitutional Court

Alpha Media Holdings (AMH) journalist Blessed Mhlanga, who has been detained for over a month, has filed papers seeking the Constitutional Court's intervention to challenge the law under which he was arrested. Mhlanga's repeated bail applications have been dismissed by both the magistrates' court and the High Court, prompting his decision to bring the matter before the country's highest court.

Mhlanga, who anchors a discussion segment on AMH's HStv, faces accusations of violating the newly enacted Cyber & Data Protection Act (CDPA). The journalist allegedly allowed Zanu-PF politician Blessed Geza to air inflammatory comments about President Emmerson Mnangagwa, calling for his removal during a broadcast.

In a bid to contest his detention, Mhlanga has named Justice Minister Ziyambi Ziyambi, Information Minister Jenfan Muswere, and Attorney General Prince Machaya as respondents in the case. The journalist seeks a ruling from the Constitutional Court on whether the law under which he was arrested infringes on his fundamental rights, particularly freedom of expression and media freedom.

Through his lawyer Chris Mhike, Mhlanga argues that the CDPA, particularly the sections under which he was charged, contravenes Zimbabwe's Constitution, which guarantees freedom of expression and access to information. He emphasized that Section 61 of the Constitution ensures that every individual has the right to seek, receive, and communicate ideas, as well as the right to artistic and academic freedom.

"Every person is entitled to freedom of the media, which includes the protection of the confidentiality of journalists' sources of information," Mhike argued in the papers. Mhlanga also highlighted that the Constitution guarantees citizens' right to access information held by the State or any governmental body, especially when it concerns public accountability.

Mhlanga's arrest in February has drawn significant attention, with press freedom advocates raising alarms about the increasing suppression of independent media in Zimbabwe. Observers have described his continued detention as a clear sign that the government is not yet ready to uphold press freedom, despite international calls for reforms.

The case is seen as a critical test for Zimbabwe's commitment to media freedoms and the protection of journalists' rights. Mhlanga's legal challenge will now await the Constitutional Court's scrutiny of the Cyber & Data Protection Act's compatibility with constitutional rights, and whether his detention violates his right to operate as a journalist without undue interference.