Blessed Mhlanga sues Justice and Information ministers

Alpha Media Holdings (AMH) journalist Blessed Mhlanga has taken legal action against the Minister of Justice, the Minister of Information, and the Attorney General (AG), challenging the constitutionality of his arrest, which he claims was in violation of his fundamental rights.

Mhlanga, who has been in custody since February 24, 2025, faces charges under Section 164 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], which pertains to the "Transmission of data message inciting violence or damage to property." This charge stems from his coverage of a press conference held by former Zanu-PF Central Committee member Blessed Geza, where Mhlanga allegedly transmitted messages that could incite violence.

Despite being denied bail on multiple occasions by both the Magistrates Court and the High Court, Mhlanga has remained behind bars, prompting his legal team to file a constitutional challenge in the Constitutional Court. In his application, Mhlanga argues that the law under which he has been charged infringes upon his right to freedom of expression and the freedom of the media, both of which are protected under the Zimbabwean Constitution.

In the application, Mhlanga highlights that Section 164 of the Criminal Law Code violates Section 61 and Section 62 of the Constitution, which guarantee the right to freedom of expression, the right to seek and receive information, and the right of journalists to protect the confidentiality of their sources. The law, he asserts, creates an environment where journalists could be unjustly targeted for simply doing their job, thus impeding the free flow of information and the independence of the media.

"The section violates freedom of expression and freedom of the media as well as Section 62 of the Constitution, Access to Information. 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," reads part of Mhlanga's legal application.

Mhlanga also denied the allegations against him, insisting that he did not transmit any inciting messages, as the charges suggest. He emphasized that this challenge is not an appeal against the proceedings of the lower courts but rather a stand-alone challenge to the constitutionality of the law under which he was charged.

"To be clear, this 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," he stated in his application.

Mhlanga further expressed that raising the constitutional concerns through a direct access petition to the Constitutional Court was the most appropriate course of action, arguing that it would be more effective than other legal options available.

The case has drawn significant attention, with many human rights groups, media organizations, and legal experts closely following the outcome. The court's decision on whether the controversial section of the law is constitutional could have far-reaching implications for press freedom and the rights of journalists in Zimbabwe, especially at a time when freedom of expression continues to be a contentious issue in the country.

As Mhlanga awaits the court's ruling, his legal challenge has added to the ongoing debate over the balance between national security and the protection of civil liberties, particularly the role of the media in holding power to account. The outcome will likely set a critical precedent for future cases involving media freedoms and the right to free expression in Zimbabwe.