On February 28, Harare magistrate Farai Gwitima denied Mhlanga bail, saying he might interfere with witnesses.

Mhlanga’s lawyer, Chris Mhike, appealed the decision on March 7, arguing that there were no valid reasons to keep him in detention.

However, in his ruling on Friday, which lasted nearly an hour, Justice Mandaza said he found no error in the Magistrates Court’s decision. He said:

It is my view that there was a proper exercise of discretion in this matter by denying the appellant bail.

After careful examination, I did not find any misdirection by the lower court.

In the end, the decision of this court is that the appeal by the appellant against the decision of the magistrate court on February 25 is being dismissed.

Justice Mandaza said the charge against Mhlanga is about transmitting data messages that led to inciting violence.

He asserted that it doesn’t matter whether the words were spoken by Blessed Geza or someone else; the nature of the charge remains the same. Said the judge:

The offence is that as an employee of HStv, he (Mhlanga) transmitted violent messages. There is no absurdity.

The charge is about transmitting data messages leading to incitement of violence. It is not an essential element of the offence that the violence must have occurred.

What is clear from the message is that there were undertones of violent messages aimed at the President and police officers.

Whether the words were uttered by Blessed Geza or someone else, it doesn’t change the nature of the charge.

More: NewsDay