Zimbabwe: Journalist Mhlanga Denied Bail On Appeal By High Court

Alpha Media Holdings (AMH) journalist Blessed Mhlanga has been denied bail on appeal by the High Court.

He is accused of transmitting information inciting public violence following a press conference by war veteran Blessed Geza.

He was denied bail by Magistrate Farai Gwitima, who ruled that if granted bail, Mhlanga was likely to interfere with witnesses who are his junior subordinates.

The magistrate also said his lawyers were trying to trivialize a huge offence by treating it lightly.

Gwitima said his release would trigger anarchy in Zimbabwe.

Mhlanga then mounted the present appeal, which was dismissed by the High Court.

In passing his ruling judge Justice Gibson Mandaza said the lower court was right in concluding that the journalist was likely to interfere with investigations.

Mandaza said there was no need to interfere with the lower court's ruling.

"My view is that the appellant lost it when he took the prosecution's view as an attack on his profession.

"He said everyone, including journalists, should know that no one is above the law.

"Everyone should know that they are supposed to practice their job within the confines of the law," the judge said, adding that the state was right when it said he transmitted inciting messages.

Mandaza said the finding that he transmitted inciting messages cannot be faulted, although it is accepted that he is not Heart and Soul TV.

The defence had argued that witnesses' statements had not been recorded, so releasing Mhlanga would jeopardise investigations.

Chris Mhike, representing Mhlanga also said there was no violence following the publication.

The judge said the charge is about transmission.

"It is not an essential element of the offence that violence should have occurred," he said.

"I therefore associate my sentiments with those of the court below that the statement would affect peace and tranquility. Such a finding based on the messages that were circulated cannot be faulted," Mandaza said.

He said to allege that Mhlanga is being punished for what Geza said was invalid.

"I pointed out for the umpteenth time that the charge is not that he uttered the words. The fact that the messages were uttered by Geza does not change the colour of the allegations," said the judge.

Mhike said other suspects get bail, and his client's case was not unique.

"Applicants should not equate themselves with other accused persons. The law does not say that," said the judge.

Mhike said the presumption of innocence still operated in his client's favour because he is yet to be convicted

But the judge said that what is debatable is that bail is not an absolute right.

"Bail is not absolute. You can't just say I deserve the constitution's notions.

"It's a qualified privilege which can be denied or granted by the court depending on the circumstances as supported by the law."

Mhike had also said the magistrate failed to appreciate that Mhlanga handed himself to the police when it denied him bail.

Mandaza said this would have worked in favour of Mhlanga if he had been recorded as a flight risk.

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

"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," the judge said.

On the issue of public security, Mandaza said "the court should take it upon itself to weigh the interests of an accused and that of the law to determine the issues of bail."

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

"Given the above, I have no doubt that the argument by the applicant that the finding of the magistrate was a misdirection is without merit and must be dismissed.

"The ground of appeal should be dismissed. Most of the issues brought up are triable issues. It is my view there was a proper exercise of discretion in denying the appellant bail by the court aquo.

"My conclusion is that ....I did not find any misdirection by the court aquo. The appeal cannot succeed, and in the end, the decision of this court is that the appeal of the appellant against the magistrate be and is hereby dismissed in its entirety. Accordingly, this application is dismissed."

AllAfrica publishes around 400 reports a day from more than 110 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.