Detained Alpha Media Holdings (AMH) journalist Blessed Mhlanga has approached the Constitutional Court to challenge the legality of the law under which he was arrested, following repeated bail applications dismissed by both the magistrates’ court and the High Court.
Mhlanga is accused of violating provisions of the new Cyber and Data Protection Act (CDPA) after allegedly broadcasting an interview on AMH’s HStv with outspoken ZANU PF politician Blessed Geza, during which Geza reportedly insulted President Emmerson Mnangagwa and called for his removal.
Mhlanga is now suing the Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi, the Minister of Information, Publicity and Broadcasting Services, Jenfan Muswere, as well as the Attorney General, Prince Machaya, arguing that the law under which he was arrested is unconstitutional.
Mhlanga’s who is represented by lawyer Chris Mhike, contends that the relevant section of the CDPA infringes on freedom of expression, freedom of the media, and the right to access information as guaranteed under Section 62 of the Constitution. He argued:
Section 61 of the constitution states that every person has the right to freedom of expression, which includes freedom to seek, receive and communicate ideas and other information, freedom of artistic expression and scientific research and creativity and academic freedom.
Every person is entitled to freedom of the media which freedom included protect of the confidentiality of Journalists sources on information.
Mhlanga also said the Constitution provides that every Zimbabwean citizen or permanent resident, including juristic persons and the media, has the right to access any information held by the State or by any institution, agency, or level of government.
He argued that this applies where the information is required in the interests of public accountability.
More: ZimLive
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