‘Let the Press Speak’ Mtetwa Takes HStv Battle to ConCourt

Human rights lawyer Beatrice Mtetwa on Monday vowed to drag the State to the Constitutional Court after a Harare magistrate dismissed an application by Heart & Soul TV (HStv) to block its placement on remand.

Magistrate Learnmore Mapiye ruled that the State had presented sufficient grounds to place the media company, represented by Olga Muteiwa, on remand over charges linked to the dissemination of politically sensitive information.

But Mtetwa came out swinging, announcing she would file a notice for referral to the ConCourt on May 7, a move that could test the limits of Zimbabwe’s constitutional protections on press freedom.

“The Press should be allowed, particularly by the court, to report in a balanced, fair, objective and factual manner what is going on in society.

“The public has the right to information and dissemination can be done without the involvement the company,” Mtetwa said in court.

As reported by Newsday, the legal battle stems from HStv’s broadcast of comments alleged to be inflammatory, comments Mtetwa argues were made peacefully and reflect public opinion, not criminal intent.

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“The said statements that are said to have constituted an offence relate to comments supplied peacefully,” Mtetwa argued, maintaining that the facts did not disclose any offence.

Mtetwa warned that upholding the charges would send a chilling message to the country’s media and severely undermine the constitutional right to free expression.

“What was disseminated by the accused company consists of topical political discourse that the people of Zimbabwe are entitled to know in the same way they were entitled to receive similar political discourse of Mnangagwa in November 2017.

“For these reasons, we have no reason to place the accused company on remand for observing its duty.

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

Drawing parallels with the 2017 ouster of former President Robert Mugabe, Mtetwa noted that similar reports made at the time including by NewsDay did not trigger prosecutions.

“The journalist, who covered a story at ZBC similar to this one by Blessed Mhlanga and the information published by NewsDay on 9 November 2017, that Emmerson Mnangagwa had just been fired and fled the country and was in South Africa, made it very clear that they were reporting what was happening,” Mtetwa said.

She added that HStv merely relayed the views of Zimbabweans and should not be criminalised for it.

“HStv expressed the views of the people who were interviewed and should not be prosecuted for that.”

Mtetwa also criticised the charges for wrongly conflating journalist Blessed Mhlanga with the company, calling it a “fishing expedition.”

“The allegations did not state that Mhlanga worked for HStv, but it placed him as the company, adding that this seemed to be a fishing expedition.”

But prosecutor Chirenje countered that the case does fall within Zimbabwean law, arguing that freedom of expression under section 61 of the Constitution has legal limitations.

“In terms of the law, the accused is properly charged with a crime within the statutes of the country. This particular offence is still within the laws of the land and has not been repealed,” she said.

Meanwhile, Blessed Mhlanga is expected to appear before High Court judge Justice Gibson Mandaza today, as he continues his legal fight for freedom.

The showdown now moves to the country’s apex court, where the legality of prosecuting a media house for airing public commentary may finally be settled — with press freedom in Zimbabwe hanging in the balance.