AN application by journalist Blessed Mhlanga and Heart & Soul TV (HStv) for referral of their case to the Constitutional Court (ConCourt) has been delayed after Harare magistrate Sheunesu Matova ruled in favour of the State allowing prosecutors more time to respond.
Mhlanga and HStv, represented by Olga Muteiwa, were being defended by lawyers Chris Mhike and Beatrice Mtetwa.
Mtetwa initially sought the ConCourt referral, arguing that HStv needed clarity on whether Mhlanga’s arrest was lawful under the cited charge and legal provisions.
She further contended that while Mhlanga was being prosecuted for giving a platform to war veteran Blessed “Bombshell” Geza, the State-aligned media had faced no consequences for similar coverage.
Mhike said Mhlanga was being “persecuted through prosecution”, having spent over 70 days in custody before securing bail under restrictive conditions.
The defence applied for separation of trials between Mhlanga and HStv, which is permissible under Zimbabwean law even after trial commencement.
State prosecutor Anesu Chirenje argued that the defence “ambushed” the State with the applications without prior notice, necessitating more time to review submissions.
The State will file its written response by August 4, with the magistrate set to rule on both applications on August 7.
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Mhlanga and HStv face a charge of transmitting messages “likely to incite public violence” for broadcasting Geza’s Press conferences, where he called for the ouster of President Emmerson Mnangagwa, accusing him of misgovernance, nepotism and corruption.
Police have indicated plans to arrest Geza for incitement, while the State alleges that the broadcasts violated broadcasting and public order laws.
