By Courts Reporter- Confusion and possible defiance of a court order surrounded the continued detention of journalist Blessed Mhlanga on Wednesday morning, despite the High Court having granted him bail on Tuesday afternoon.
Mhlanga, a senior journalist with Alpha Media Holdings, was granted bail at around 3:30 PM on Tuesday after spending 72 days in remand prison. However, by 10:50 AM on Wednesday, he was still being held at Harare Remand Prison.
A prison official who spoke on condition of anonymity said authorities were refusing to release Mhlanga, citing a technicality.
“Prison authorities say the court order granting him bail is missing a Criminal Records Bureau (CRB) number and must be retyped and signed again,” the source said.
On Tuesday, High Court Judge Justice Gibson Mandaza granted Mhlanga US$500 bail following a successful appeal mounted by his legal team, Advocate Thabani Mpofu and Chris Mhike. The judge ruled that the lower court had misdirected itself in denying the journalist bail on previous occasions.
“There are indeed changed circumstances,” Justice Mandaza said. “The appellant is a permanent resident of this country. To allay the fears of the State, the court may impose conditions to ensure that he does not interfere with investigations or abscond.”
He also noted that the State’s fear of interference no longer held water, since the police docket was now complete.
Mhlanga had been denied bail three times before, with the State arguing that he was a flight risk and could interfere with witnesses. He was arrested in connection with an interview he conducted with political activist Forward Geza, who had called for mass protests and a national shutdown.
In court, Advocate Mpofu argued that circumstances had clearly changed and the threat of public unrest linked to the interview no longer existed.
“The protests never happened. People went about their business,” Mpofu said. “We submit that there was an obvious change in circumstances, and the lower court misdirected itself. The charge is that the appellant transmitted material allegedly inciting violence. But the time for protests has come and gone.”
He continued: “The appellant is a journalist. He conducted an interview. If any material was transmitted, it was in the context of that interview. There has been no violence in the country. Even the court can take judicial notice of this fact.”
Mpofu emphasized that Mhlanga’s continued detention served no legal purpose and amounted to a violation of his rights.
“What has come and gone is the alleged incitement. What has not come and gone is the continued incarceration of the appellant,” he said.
Despite the ruling and bail conditions being clearly outlined, Harare Remand Prison authorities had not released Mhlanga by mid-morning Wednesday, raising serious questions about the implementation of court orders and potential contempt of court.