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ConCourt reserves judgment in HStv case
2 hrs ago |
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The Constitutional Court (ConCourt) has reserved judgment in a case
where Heart and Soul Broadcasting Services (HStv) is challenging the
Attorney-General's Office over provisions in the Criminal Law
(Codification and Reform) Act that it says curtail media freedom and
freedom of expression.
HStv cited the Justice, Legal and Parliamentary Affairs Minister, Information, Publicity and Broadcasting Services Ministry, and the Attorney-General as respondents. The bench was led by Justice Ben Hlatshwayo, with Justices Anne Gowora and Paddington Garwe.
The broadcaster is challenging the constitutionality of section 164 of the Criminal Law Code, arguing that it violates the right to freedom of expression and media as enshrined in sections 61 and 62 of the Constitution. Through lawyers Beatrice Mtetwa, Ryan Sitotombe, and Doug Coltart, HStv submitted that section 164 is misplaced and incompatible with a democratic society.
HStv argued that its core function is to gather and disseminate information through its digital platforms, a role protected under the Constitution. The broadcaster cited an incident on 24 February 2025, when journalist Blessed Mhlanga was arrested for allegedly contravening section 164 by broadcasting live a press conference held by war veteran and politician Blessed Runesu Geza. HSTV maintained that live broadcasts cannot be pre-censored and that it merely transmits statements made by sources.
The broadcaster also contended that a Harare magistrate erred in refusing to refer the constitutional issue to the ConCourt, infringing HStv's rights under section 175(4) of the Constitution. HStv is seeking a declaration that its constitutional rights were violated.
In response, Attorney-General Virginia Mabhiza opposed the application, calling it frivolous and arguing that alternative remedies, such as an appeal, are available. Prosecutor-General Justice Loyce Matanda Moyo also opposed the application, asserting that the magistrate correctly found that section 164 falls within permissible limitations on freedom of expression and media rights.
The ConCourt has reserved its ruling.
HStv cited the Justice, Legal and Parliamentary Affairs Minister, Information, Publicity and Broadcasting Services Ministry, and the Attorney-General as respondents. The bench was led by Justice Ben Hlatshwayo, with Justices Anne Gowora and Paddington Garwe.
The broadcaster is challenging the constitutionality of section 164 of the Criminal Law Code, arguing that it violates the right to freedom of expression and media as enshrined in sections 61 and 62 of the Constitution. Through lawyers Beatrice Mtetwa, Ryan Sitotombe, and Doug Coltart, HStv submitted that section 164 is misplaced and incompatible with a democratic society.
HStv argued that its core function is to gather and disseminate information through its digital platforms, a role protected under the Constitution. The broadcaster cited an incident on 24 February 2025, when journalist Blessed Mhlanga was arrested for allegedly contravening section 164 by broadcasting live a press conference held by war veteran and politician Blessed Runesu Geza. HSTV maintained that live broadcasts cannot be pre-censored and that it merely transmits statements made by sources.
The broadcaster also contended that a Harare magistrate erred in refusing to refer the constitutional issue to the ConCourt, infringing HStv's rights under section 175(4) of the Constitution. HStv is seeking a declaration that its constitutional rights were violated.
In response, Attorney-General Virginia Mabhiza opposed the application, calling it frivolous and arguing that alternative remedies, such as an appeal, are available. Prosecutor-General Justice Loyce Matanda Moyo also opposed the application, asserting that the magistrate correctly found that section 164 falls within permissible limitations on freedom of expression and media rights.
The ConCourt has reserved its ruling.
Source - newsday
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