Heart & Soul TV senior journalist Blessed Mhlanga appeared before Harare Magistrate Donald Ndirowei on Friday, 04 April, seeking a fresh bid for freedom, citing changed circumstances. Magistrate Ndirowei deferred the ruling to Monday.
Mhlanga, who is represented by Chris Mhike, recently had his bail appeal denied by High Court Judge Justice Gibson Mandaza.
Mhlanga faces a charge of incitement to violence under Section 164 of the Criminal Law (Codification and Reform) Act following his arrest on 24 February.
On Friday, Mhike made an oral bail application, arguing that circumstances had changed, including the fact that the State had not yet begun its investigations and the passage of time.
The defence team opposed the State’s request to postpone the case until 22 April, citing the unjustified continued detention of Mhlanga and the State’s failure to meet its own deadlines for concluding investigations. Said Mhike:
We believe that the State has no cogent reason for the postponement of this matter, and this postponement has an effect of extending Mhlanga’s stay in custody.
On the initial appearance on February 25, the State indicated that it needed only 14 days to complete investigations.
It is, therefore, unfair for the State to postpone after having over a month to complete investigations.
In his fresh bail application, Mhike argued that the State’s concerns about Mhlanga potentially interfering with investigations were unfounded.
He questioned the consistency of the charges against his client, noting that Mhlanga was being held on a charge similar to that faced by journalist Owen Madondo, known as DJ Ollah 7.
Mhike pointed out that the State had treated Madondo’s case differently, choosing not to prosecute him on the grounds that it was his guest, not Madondo, who had uttered the controversial remarks.
According to Mhike, the fact that 98 suspects were in custody in relation to demonstrations that reportedly took place on 31 March further emphasised the need for Mhlanga to be granted bail.
Prosecutor Anesu Chirenje opposed the application, asserting that Mhlanga remained a security risk due to the nature and scale of the case.
Chirenje also argued that releasing Mhlanga would jeopardise the ongoing investigations, adding that the delay in proceedings was due to the need for outstanding expert evidence.
More: NewsDay
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