Blessed Mhlanga denied bail at High Court

High Court Judge Gibson Mandaza has dismissed a bail appeal filed by detained Alpha Media Holdings (AMH) journalist Blessed Mhlanga, ruling that there was no compelling argument to overturn the findings of the lower court.

Mhlanga, who was arrested on allegations of publishing content containing inciting messages, will complete a full month in remand prison next Monday. His arrest followed coverage by Heart and Soul TV of a press conference held by Blessed Geza, an outspoken Zanu-PF politician and war veteran who has been actively campaigning for President Emmerson Mnangagwa's resignation.

Harare Magistrate Farai Gwitima had previously denied Mhlanga bail, citing concerns that his release could undermine peace and security. The magistrate also argued that Mhlanga might interfere with witnesses. In his ruling, Justice Mandaza upheld these concerns, agreeing with the lower court's reasoning.

"My view is that the appellant lost it when he took that the prosecution's views was an attack on his profession," said Justice Mandaza. "Everyone should know that they are supposed to practise their job within the confines of the law."

The defense, led by lawyer Chris Mhike, contended that witness statements had not yet been recorded and that releasing Mhlanga would not jeopardize investigations. Mhike further argued that no violence had erupted following the publication of the content in question. However, Justice Mandaza emphasized that the case was centered on the transmission of messages rather than their direct consequences.

"It is not an essential element of the offence that violence should have occurred," the judge noted. "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 dismissed claims that Mhlanga was being prosecuted for Geza's statements, clarifying that the charge was related to the transmission of the content, not its origination.

"The fact that the messages were uttered by Geza does not change the colour of the allegations," he said.

Mhike also argued that other accused individuals in different cases are often granted bail, but Mandaza countered that bail is not an absolute right.

"Bail is not absolute. You can't just say I deserve the constitution's notions," the judge stated. "It's a qualified privilege which can be denied or granted by the court depending on the circumstances as supported by the law."

Another key argument by the defense was that Mhlanga had voluntarily surrendered himself to the police when he learned of the charges against him. However, Mandaza dismissed this point, stating that it would have been relevant only if Mhlanga had been recorded as a flight risk.

"On the issue of interference, he didn't deny that he was a senior reporter," Mandaza said. "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."

Regarding public security, the judge ruled that the court must weigh the interests of the accused against those of the law when determining bail matters.

"There was nothing amiss in the findings by the court aquo that the release of the appellant will undermine peace and security," Mandaza concluded.

Following the ruling, Mhike expressed disappointment, stating that they would approach the lower court again to seek bail on changed circumstances.