HARARE- A court has denied bail to journalist Blessed Mhlanga in a high-profile incitement case, with Magistrate Farai Gwatima ruling that his release could compromise the ongoing investigation and risk public unrest.
During Friday’s proceedings, Gwatima underscored the prosecution’s responsibility to establish compelling reasons for withholding bail. He commended both the prosecution and defense for their professionalism, stating that their conduct ensured a smooth legal process.
The prosecution, led by Ruvimbo Matyatya, argued that Mhlanga posed a significant risk of interfering with witnesses, many of whom are his subordinates. Some witness statements were yet to be recorded, raising concerns that their testimonies could be influenced if Mhlanga were released. Additionally, authorities had not yet recovered all equipment allegedly used in the offense, with fears that Mhlanga could reoffend if granted bail.
Despite acknowledging that Mhlanga had voluntarily surrendered to the police and had not attempted to flee, the prosecution insisted that the risk of interference outweighed these factors.
The defense, represented by Mhike, countered that the prosecution had failed to provide substantial evidence of witness interference. Mhike also dismissed allegations that Mhlanga had incited violence, arguing that the State had not disclosed witness identities or established a clear link between his actions and potential unrest.
However, Magistrate Gwatima sided with the prosecution, asserting that the case revolved around the intent behind the information Mhlanga had allegedly disseminated. “The issue is not that the applicant gathered and shared information; rather, it is the nature of that information and its potential to incite public violence,” he stated.
Gwatima acknowledged that bail is a constitutional right but emphasized that it is not absolute. “Denying bail on flimsy grounds is unacceptable, but courts must balance individual rights against public safety concerns,” he noted.
The magistrate highlighted Mhlanga’s position of influence at his workplace as a key factor in the decision. Given that some witnesses were still in active roles, he argued that their testimonies could be compromised.
“What clearly emerges is that the disseminated message could incite violence. Any interpretation to the contrary is incorrect,” Gwatima ruled. “Granting bail could destabilize public order and threaten peace and security.”
In conclusion, he found the State’s concerns valid and denied Mhlanga’s bail application. The ruling is expected to spark public debate, particularly regarding the balance between press freedom, legal accountability, and national security.
