HStv Case Heads To ConCourt Following Magistrate’s Ruling

Heart & Soul TV (HStv) is preparing to file a notice for the referral of its case to the Constitutional Court following a ruling by Harare magistrate Learnmore Mapiye on Monday, 05 May, dismissing its challenge against placement on remand.

The media outlet is facing charges alongside journalist Blessed Mhlanga for allegedly publishing material considered to incite public violence.

In her ruling, Magistrate Mapiye stated that the court found the grounds presented by the State sufficient to justify placing the company on remand.

HStv’s legal representative, Beatrice Mtetwa, indicated that she will file the application for referral to the Constitutional Court on 07 May 2025. 

She argued that the charges infringe on the company’s constitutional right to disseminate information to the public.

Mtetwa, representing HStv’s listed representative Olga Muteiwa, submitted that the allegations did not constitute an offence and that placing the company on remand would infringe on the constitutional rights of Zimbabwean citizens. 

The prosecutor confirmed that a response to the application would also be filed on the same day. Said Mtetwa:

The Press should be allowed, particularly by the court, to report in a balanced, fair, objective and factual manner what is going on in society. 

The public has the right to information and dissemination can be done without the involvement the company.

Mtetwa argued that HStv merely broadcast the views of individuals interviewed and should not face prosecution for those expressions. 

She further asserted that the allegations did not indicate that journalist Blessed Mhlanga was employed by HStv, but instead appeared to conflate him with the company—an approach she described as resembling a “fishing expedition.”

In response, prosecutor Chirenje maintained that the facts presented in the case do disclose an offence. He added that while section 61 of the Constitution guarantees freedom of expression and the media, those rights are subject to certain limitations, which underpin the charges brought against the accused.

More: NewsDay

Download the Pindula App for a better user experience.