By A Correspondent | ZimEye | Incarcerated Alpha Media Holdings journalist, Blessed Mhlanga has filed an application at the Constitutional Court seeking direct access also complaining about the law under which he was charged.

Mhlanga landed in the dock following a press conference held by Zanu PF member Zanu PF member Blessed Geza, which the state accuses him of broadcasting.

He has been in jail since February after all his bail applications were dismissed.

Through his lawyer, Chris Mhike, he cited Justice and Information ministers, Ziyambi Ziyambi and Jenfan Muswere as respondents.

AMH is cited as the second applicant in the matter.

Mhlanga said 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 includes protecting the confidentiality of Journalists sources on information,” reads part of the application.

“I am currently incarcerated at Harare Remand Prison as I face allegations of contravening section 164 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], that is “Transmission of data message inciting violence or damage to property.”

“I deny the allegations leveled against me by the State in the Magistrates Court case and maintain my innocence in that case. As I pursue my vindication through the standard criminal procedure under our law, I also question the constitutionality of the law under which I am charged,” he said.

Mhlanga said his application is not an appeal against the proceedings of the lower Court.

“This is a stand-alone challenge on the constitutionality of the controversial statutory provision.

“ It is on account of my doubt about the constitutionality of s 164 of the Criminal Code that I petition this honourable Court for direct access,” he said.

Mhlanga also said Section 164 of the Criminal Law Code is too wide or overbroad, which makes the law susceptible to abuse by those who wield policing, prosecutorial and judicial power.

“Historically, over-broad and vague laws (such as section 164 of the Criminal Code), generally encourage arbitrary conduct on the part of the relevant authorities,” he said.

The matter is yet to be heard.-ZimEye