High Court denies Mhlanga’s bail application

Heart and Soul’s journalist, Blessed Mhlanga, has been denied bail on appeal by the High Court.

Mhlanga has spent 23 days in remand prison for allegedly transmitting information inciting public violence following a press conference by war veteran Blessed Geza.

He was denied bail by Magistrate Farai Gwitima, on 28 February 2025, and the court ruled that releasing Mhlanga on bail would jeopardise the case since the witnesses in the case are his subordinates.

Mhlanga then approached the High Court to appeal this ruling, but, the High court upheld the Gwitima’s ruling.

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

“My view is that the appellant lost it when he took the prosecution’s view as an attack on his profession,” he said.

“Everyone should know that they aresupposed to practice their job within the confines of the law,” the judge said.

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

The defence had argued that witness statements had not been recorded, and releasing Mhlanga would jeopardise investigations.

Chris Mhike, representing Mhlanga alsosaid there was no violence following thepublication.

The judge said the charge is about transmission.

“It is not an essential element of theoffence that violence should haveoccurred,” he said.

“| therefore associate my sentiments with those of the court below that thestatement would affect peace and tranquility. Such a finding based on themessages that were circulated cannot be faulted,” he 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 innocencestill operated in his client’s favour becausehe is yet to be convicted

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