Blessed Mhlanga, a senior Zimbabwean journalist accused on transmitting data messages with the intention of inciting violence, has spent more than 20 days in detention, as determination of his freedom bid remains pending at the High Court.
The 44 year-old Mhlanga, who is represented by Chris Mhike of ZLHR, has spent 21 days in both police & prison detention after Zimbabwe Republic Police officers arrested him on 24 February & accused the senior journalist of acting unlawfully when he allegedly recorded a video of Blessed Runesu Geza & reportedly made it available to members of the public by transmitting & broadcasting it on YouTube, a social media & online video sharing platform & on Heart and Soul Broadcasting Services (HSTV), a digital content service provider & distributor, with the intention of inciting people to commit undisclosed acts of violence.
On 7 March 2025, Mhike filed an appeal at the High Court against Harare Magistrate Farai Gwitima’s decision to deny bail to the senior journalist.
In the appeal, Mhike argued that Magistrate Gwitima grossly erred & misdirected himself by denying bail to Mhlanga on 28 February 2025 as there were no compelling reasons to justify his continued incarceration.
On 10 March 2025, High Court Judge Justice Gibson Mandaza began hearing Mhlanga’s bail appeal, where Fungai Nyahunzvi, a law officer in the National Prosecuting Authority (NPA) made a shocking move of filing an application seeking referral of Mhlanga’s appeal to the High Court’s Anti-Corruption Court (ACC) from the regular Bail Court and also sought a postponement of the matter pending the referral of the matter to the ACC.
In his application, Nyahunzvi argued that Mhlanga’s matter was placed in an ACC at Harare Magistrates Court & practice therefore dictates that the bail appeal in the High Court should be placed in the ACC Division of the High Court.
However, Mhike objected & opposed Nyahunzvi’s applications and argued that there is nothing corruption-related in the charge being faced by Mhlanga.
In his ruling, Justice Mandaza dismissed Nyahunzvi’s application & ruled that the ordinary Bail Court was competent to hear Mhlanga’s bail appeal.
Justice Mandaza then postponed hearing of the bail appeal to 12 March 2025 to allow the NPA to file its response to Mhlanga’s bid for freedom.
On 12 March 2025, Justice Mandaza postponed hearing of Mhlanga’s bail appeal to allow himself to make a determination on the senior journalist’s request to be furnished with additional information such as the electronic and video evidence, which prosecutors claim incriminate Mhlanga in the commission of the offence of allegedly transmitting data messages inciting violence as defined in section 164 of the Criminal Law (Codification and Reform) Act.
On 17 March 2025, Justice Mandaza resumed hearing of Mhlanga’s bail appeal and first ruled that the High Court will not view the relevant video, which constitutes the basis of the state’s case against Mhlanga, because it is not part of the record of proceedings in the Harare Magistrates Court and indicated that he would be guided only by the content of what transpired in the lower court.
Afterwards, Mhike submitted arguments in support of Mhlanga’s bail appeal and asked the High Court to set free the senior journalist while Nyahunzvi opposed the appeal & insisted that the media practitioner should remain holed up in prison and stand trial from jail.
Justice Mandaza then reserved his judgment on Mhlanga’s bail appeal & indicated that he will advise all concerned parties in the matter when his verdict would be ready.
