Mhlanga, HStv trial postponed again

The trial of Alpha Media Holdings senior journalist Blessed Mhlanga and HStv general manager Olga Muteiwa has been postponed to March 9–11 after the State told the court that the presiding magistrate was unavailable.

The case, which has been delayed several times since last year, has previously been postponed due to the absence of either State witnesses or the magistrate. In October last year, prosecutors indicated that investigations had been completed and that they were ready to proceed, but the trial has yet to commence.

Mhlanga and Muteiwa are facing charges of transmitting messages allegedly intended to incite public violence.

The matter was initially presided over by Harare magistrate Sheunesu Matova, who has since been transferred to Hwange. The two accused are represented by lawyers Chris Mhike, Douglas Coltart and Beatrice Mtetwa.

At the last remand hearing, CID Law and Order Harare officer-in-charge Edmore Nyadzamba told the court that Mhlanga allegedly "engaged the late Blessed Geza and provided facilities for him to record utterances" that were said to encourage citizens to revolt against the government. Nyadzamba said the messages were later transmitted through digital platforms.

Mhike challenged the allegations, arguing that Mhlanga had no authority over HStv's editorial or broadcasting decisions as he is neither a director nor a shareholder of the media entity.

Mtetwa pointed to what she described as contradictions between Nyadzamba's testimony and the State outline, noting that prosecutors alleged incitement against the President while Nyadzamba referred to incitement against the government.

Nyadzamba dismissed the claim of inconsistency, stating that "the President is the head of government and commander-in-chief".

Mtetwa argued that the position conflated presidential authority with other arms of the State, adding that it reflected ideological reasoning rather than legal clarity.

In closing submissions at previous hearings, the defence cited Section 60 of the Constitution, which guarantees freedom of expression and media freedom, arguing that journalists are duty-bound to report on matters of public interest.

Nyadzamba acknowledged the constitutional right to disseminate information but maintained that the right is not absolute, arguing that distributing content likely to incite violence is unlawful.

Mtetwa countered that the broadcast in question contained no violent content and was not understood by viewers as a call for the violent removal of the President. She further argued that Geza's press conference was constitutional and accused police of omitting sections of the Constitution from transcripts to distort his remarks.

She also questioned why HStv was charged six months after the broadcast, to which Nyadzamba responded that investigations can take time. Defence lawyers argued that HStv was later included in the matter as part of a "dragnet" after police failed to build a strong case against Mhlanga alone.

The matter returns to court in March.