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Blessed Mhlanga bail bid ruling deferred to Monday
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Harare Magistrate Donald Ndirowei yesterday deferred to Monday the bail ruling of Heart & Soul TV senior journalist Blessed Mhlanga, who is facing an incitement to violence charge. Mhlanga, represented by lawyer Chris Mhike, made a fresh bid for bail, citing changed circumstances following a previous bail denial by High Court Judge Justice Gibson Mandaza.
Mhlanga is charged under section 164 of the Criminal Law (Codification and Reform) Act, accused of inciting violence. Yesterday, Mhike made an oral application for bail based on the argument that circumstances had changed since Mhlanga's last court appearance. He pointed out that the State had not yet commenced investigations into the case, and the passage of time since his detention had rendered continued incarceration unjustified.
The defence strongly opposed the State's application to postpone the case until April 22, arguing that Mhlanga's extended detention was unjustified and that the State had failed to meet its own timelines for completing investigations. Mhike highlighted that during Mhlanga's initial appearance on February 25, the State had indicated it needed only 14 days to finish its investigations, but more than a month had passed without progress.
"It is unfair for the State to postpone after having over a month to complete investigations," Mhike said. "The State has no cogent reason for further delays."
In the renewed application for bail, Mhike argued that the State's fears of Mhlanga interfering with investigations were unfounded. He emphasized that Mhlanga's colleagues had visited him in custody without any attempts to influence the case, and no junior staff worked under him, making any alleged interference unlikely.
Mhike also referenced a High Court case, Hopewell Chin'ono vs The State, to support the basis of his bail application, noting that the law allows for oral bail applications. He further questioned the consistency of the charges against Mhlanga, pointing out that a similar case involving journalist Owen Madondo (DJ Ollah 7) had been dropped due to the same charge, suggesting that Mhlanga's case should be treated similarly.
The defense lawyer also highlighted that the protests Mhlanga was accused of inciting had already occurred, making the argument for denying bail even less valid. Mhike stressed that Mhlanga should not remain in custody, particularly since the demonstrations and protests linked to the charges had passed.
However, Prosecutor Anesu Chirenje opposed the bail application, arguing that Mhlanga remained a security risk due to the nature of the case. Chirenje pointed to the 98 individuals already in custody over the March 31 demonstrations and claimed that Mhlanga's release would worsen the situation and compromise ongoing investigations.
"The accused, if released, will abscond because he knows investigations are still ongoing," Chirenje stated. "Releasing him would jeopardize the integrity of the case."
Chirenje did acknowledge the constitutional right of the accused to a fair and timely trial but maintained that the release of Mhlanga would hinder the prosecution's efforts to finalize the case expeditiously. The State also noted that the delay in proceedings was due to the need for expert evidence.
The court will rule on Mhlanga's bail application on Monday.
Mhlanga is charged under section 164 of the Criminal Law (Codification and Reform) Act, accused of inciting violence. Yesterday, Mhike made an oral application for bail based on the argument that circumstances had changed since Mhlanga's last court appearance. He pointed out that the State had not yet commenced investigations into the case, and the passage of time since his detention had rendered continued incarceration unjustified.
The defence strongly opposed the State's application to postpone the case until April 22, arguing that Mhlanga's extended detention was unjustified and that the State had failed to meet its own timelines for completing investigations. Mhike highlighted that during Mhlanga's initial appearance on February 25, the State had indicated it needed only 14 days to finish its investigations, but more than a month had passed without progress.
"It is unfair for the State to postpone after having over a month to complete investigations," Mhike said. "The State has no cogent reason for further delays."
In the renewed application for bail, Mhike argued that the State's fears of Mhlanga interfering with investigations were unfounded. He emphasized that Mhlanga's colleagues had visited him in custody without any attempts to influence the case, and no junior staff worked under him, making any alleged interference unlikely.
The defense lawyer also highlighted that the protests Mhlanga was accused of inciting had already occurred, making the argument for denying bail even less valid. Mhike stressed that Mhlanga should not remain in custody, particularly since the demonstrations and protests linked to the charges had passed.
However, Prosecutor Anesu Chirenje opposed the bail application, arguing that Mhlanga remained a security risk due to the nature of the case. Chirenje pointed to the 98 individuals already in custody over the March 31 demonstrations and claimed that Mhlanga's release would worsen the situation and compromise ongoing investigations.
"The accused, if released, will abscond because he knows investigations are still ongoing," Chirenje stated. "Releasing him would jeopardize the integrity of the case."
Chirenje did acknowledge the constitutional right of the accused to a fair and timely trial but maintained that the release of Mhlanga would hinder the prosecution's efforts to finalize the case expeditiously. The State also noted that the delay in proceedings was due to the need for expert evidence.
The court will rule on Mhlanga's bail application on Monday.
Source - newsday
