By Court Reporter-High Court judge Justice Gibson Mandaza has granted Alpha Media Holdings journalist Blessed Mhlanga US$500 bail.

This followed his successful appeal through his lawyers, Advocate Thabani Mpofu and Chris Mhike.

“The accused be and is hereby granted bail. He is to deposit US$500 bail with the clerk of court,” said the judge.

Mandaza said
“There are indeed changed circumstances. I’m of the view that the court a quo misdirected itself. The appellant is a permanent resident of this country.

“To allay the fears the state can conditions to ensure that he does not interfere and abscond.”

The judge said the fear of interference does not stand because the docket is now complete.

The appeal was his second before the High Court.

Mhlanga had been denied bail on three occasions already.

His lawyer, Advocate Thabani Mpofu, who is taking instructions from Chris Mhike, urged the judge to grant the journalist freedom, submitting that there have been changed circumstances.

Mpofu said Mpofu was locked up following calls for protests by Geza, but people did not flood the streets as called for.

The lawyer also said that when Geza called for a national shutdown, people went on with their business.

“We submit that there was an obvious change in circumstances and the court aquo misdirected itself in dealing with a question that was placed before it.

“There have been changes that serve to address the concerns that were initially raised by the courts in denying the appellant bail.

“The charge is transmitting material with the intention of inciting violence. It is critical to consider the importance of the charge.

“It was transmission linked to an event or events, and this said, the appellant is a journalist, he asked questions in an interview, and answers were given, so if there is an allegation that material meant to incite violence was transmitted…the time of the protests has come and gone.

“May this court take judicial notice that the first call of protest was made and there were no people who flooded the streets.

“There was a call for a national shutdown, but people went on with their business.

“What is alleged by the state to be the transmission of inciting messages has come and gone. What has not come and gone is the continuity of the incarceration of the appellant in jail.

“Part of the reasons for denying bail was that there might be disturbance of peace…disturbance in connection with the event.”

Mpofu said there was no violence in the country, adding that even the judge, being a Zimbabwean, has noticed this.