Heart and Soul TV (HSTV), owned by Alpha Media Holdings (AMH), appeared in court on Monday accused of disseminating incitement messages through its coverage of a press conference held by Zanu PF member Blessed Geza.

Olga Muteiwa, a representative for the company, attended the proceedings before Harare magistrate Learnmore Mapiye.

The company was placed on remand despite objections from their lawyer, Beatrice Mtetwa.

HSTV challenged the remand placement, arguing that the alleged facts did not constitute a criminal offense.

The State maintained that HSTV was appropriately charged, and the court ruled in the State’s favor.

Anesu Chirenje representing the State said several points were not contested by the defence.

He said this includes that Mhlanga is an employee of HSTV and that the company shared statements made by Blessed Geza.

“Now reasonable suspicion is already there and nothing has been said against these issues.”

“We also have evidence that links the accused to the commission of the offence, so if reasonable suspicion is there to satisfy the State, the company should be placed on remand. Section 61 does not in any way exonerate the accused in court. There are limitations on section 61 and nothing was said on the limitations.”

Mtetwa announced plans to file for direct access to the Constitutional Court on Wednesday.

While contesting the remand, Mtetwa referenced a similar situation during the 2017 military coup, pointing out that AMH and its reporter, Blessed Mhlanga—who is currently incarcerated under allegations similar to those facing HSTV—had not been charged at that time.

Mtetwa said that media outlets have rights that should be safeguarded by law and the courts, stressing that they should not face intimidation for freely performing their duties, as entitled under the law.

“The said statements that is said to have constituted an offence is relating to a comments supplied in peaceful manner.”

“The accused person is a duly registered company and conducts its business in terms of articles of memorandum of association and in terms of the law in particular section 61 of the Constitution, it is obliged to disseminate information in a free fair balanced manner, it must give voice to all political opinion and this is inalienable rights confined in Constitution and the court cannot place accused on remand for exercising a constitutional right,” Mtetwa asserted.

“There is no doubt that the freedom of expression coupled with rights to be free, is a callbaring of all democratic society.”

“It is recognised and entrenched in every international regional human rights instruments.”

“The press should be in fact allowed particularly by the court to report with a balance, fair, objective and factual reporting of what is going on in society.”

“The public has right to information and dissertation can be done without the company,” she noted.

Referring to the 2017 incident, Mtetwa stated that Mhlanga published similar information on November 9, 2017, concerning then-President Emmerson Mnangagwa’s dismissal.

“The journalist who covers a story at ZBC similar to this one as Blessed Mhlanga and the information published by NewsDay on 9 November 2017, that Emmerson has just been fired and fled the country and is in South Africa, he made very clear what he was doing to report what was happening.”

“He also wrote that Mnangagwa said he was going nowhere and that he further said you Mugabe will leave Zanu PF within two weeks.”

“Mnangagwa was speaking to the Zimbabweans, the same way Blessed Geza was speaking to the Zimbabweans through HSTV and Blessed Mhlanga.”

“Mhlanga was not prosecuted for disseminating what Mnangagwa said during that time and the NewsDay was not prosecuted for publishing what Mnangagwa said because section 61 of the Constitution is clear on freedom of the media.”

Mtetwa told court that HSTV merely transmitted the views of those interviewed and should not face legal repercussions.

“Journalists, with respect your worship, would immediately be in self-censorship in fear of prosecution, and also media companies will also fear to publish opposing material in fear of prosecution.”

“Journalism is not different from practice of law; they can disseminate information that they cannot agree with, just like a lawyer represents an accused whose actions they may not agree with,” Mtetwa argued.

Meanwhile, Mhlanga second bail appeal is set to be heard today at the High Court.-ZimEye