Silence Charumbira
The Zimbabwe Republic Police (ZRP) on Monday arrested famous journalist, Blessed Mhlanga, in Harare charging him with breaching S164 of the Cybersecurity and Data Protection Act Cap 12:07 for “Transmission of data message inciting violence or damage to property.”
Mhlanga has been in the crosshairs of the ZRP for a few weeks after covering the press conferences by dissenting Zanu PF member and war veteran, Blessed Geza.
Geza, has since last month been critical of Zanu PF’s plans to give President Emmerson Mnangagwa a third term calling for him to step down.
Mnangagwa came to power in 2017 after dislodging former strongman, Robert Mugabe, who had ruled Zimbabwe for 37 years, through a coup. After his first election, Mnangagwa declared that he would uphold constitutionality but lately, there have been overtures directed at extending his current term, which ends in 2028, to 2030. Although Mnangagwa himself has repeatedly said he would leave office in 2028, his party has been fiercely campaigning for his stay for another two years.
For him to stay beyond 2028, the country’s parliament must amend the Constitution. This will be easy as Zanu PF has a majority while it also weirdly enjoys the support of the largest opposition formation, the Citizens Coalition for Change (CCC) led by Sengezo Tshabangu.
And Geza, the firebrand former Sanyati legislator who was also one of the key figures against Robert Mugabe in his last days in power, has been consistently calling for Mnangagwa to go. He has also made a raft of accusations against Mnangagwa including corruption.
All his press conferences were broadcast by Heart & Soul TV (HStv). Mhlanga is the Head of Current Affairs at HStv.
Two weeks ago, the police called Mhlanga in for questioning but let him go after speaking to him about another age-old case involving the now incarcerated former deputy minister of Finance, Terrence Mukupe.
They called him again for the second time but Mhlanga, who was unwell, advised national police spokesperson, Commissioner Paul Nyathi that he was unwell and was also out of town.
He then presented himself to the police Monday before he was charged with Cybersecurity and Data Protection Act Cap 12:07.
Police statement
The act reads: “Offences Relating to Electronic Communications and Materials 164 Transmission of data message inciting violence or damage to property
Any person who unlawfully by means of a computer or information system makes available, transmits, broadcasts or distributes a data message to any person, group of persons or to the public with intend to incite such persons to commit acts of violence against any person or persons or to cause damage to any property shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”
According to Tech Mag, Mhlanga’s arrest coincided with efforts by Zimbabwe’s Data Protection Authority (POTRAZ) to educate companies on CDPA compliance.
“POTRAZ, tasked with enforcing the CDPA, has been holding workshops to promote compliance.
“Ironically, just last week, at one such event in Harare, a POTRAZ representative sought to allay fears that the CDPA would be used to suppress free speech, insisting its primary purpose was to protect data subjects.
“The Cyber and Data Protection Act was enacted in December 2021 with the stated objective of increasing “data protection in order to build confidence and trust in the secure use of information and communication technologies…”
The journalist’s arrest has been roundly condemned. Amnesty International in Zimbabwe last night called for his release and “unconditional dropping of all charges against him”.
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Trevor Ncube, the owner of Alpha Media Holdings, which owns HStv, said, “I condemn in the strongest terms the arrest and detention of @bbmhlanga today. Dhara is spending the night in police custody accused of “Transmission of data message inciting violence or damage to property.” This follows @HStvNews broadcast of an interview with Blessed Geza. This is punishing Dhara for doing his work as a journalist. Dhara is a principled and courageous journalist who will not be broken by this brazen harassment and intimidation. #JournalismIsNotACrime”.
In another post on X, Ncube said: “As you go to bed tonight say a little prayer for
@bbmhlanga. He is spending the night in Harare Central Police detention charged with “Transmission of data message inciting violence or damage to property.” He is scheduled to appear in court tomorrow morning at 9am. Dhara’s is being punished for doing his legitimate and lawful duties as a journalist. The state is weaponizing the law and state institutions to silence press freedom and freedom of speech. This reprehensible conduct is the hallmark of dictatorships. #JournalismIsNotACrime.
Mhlanga’s lawyer, Chris Mhike, said while he was hopeful that they would secure bail for Mhlanga, the state’s behaviour of detaining him when he had presented himself to the police willingly suggested “a negative attitude towards bail”.
“It is our hope that bail will not be opposed by the state. (But) The fact that they have decided to detain him is suggestive of a negative attitude towards bail but we are hopeful that bail will be granted,” Mhike said.
Lawyer and opposition politician, Tendai Biti said: “The arrest and harassment of journalist Blessed Mhlanga for allegedly breaching s 164 of the Cybersecurity & Data Protection Act Cap 12:07 is a gross afront to the right to freedom of expression and the rights of the media protected by s 60&61 of the Constitution”.
“The regime is in panic mode engineered by the resistance to its hubristic and ill-fated third term agenda. Journalists have a sacrosanct right to report and that right can’t be muzzled by a desperate schizophrenic retarded regime. The continued repression & closure of space is unacceptable. The holding of alternative views & the right to have those views heard cannot be outlawed or weaponized. The regime must release @bbmhlanga…”
Former Zimbabwean minister and now a fierce Mnangagwa critic, Saviour Kasukuwere, condemned the arrest and called for media freedom.
“The arrest of Blessed Mhlanga, a seasoned journalist, should be condemned in the strongest terms possible. Journalists should be allowed to report and interview anyone without fear of persecution or arrest.
“The Mnangagwa government has shown a tendency to resort to intimidation tactics such as kidnappings, arbitrary arrests and detentions which are all used as a tool for silencing government critics and sending a chilling warning to anyone else who dares to oppose this dictatorship.
“The unpopular 2030 agenda which lacks support in and outside Zanu PF has suffered a still-birth as it will simply not fly. Blessed Mhlanga, who played a critical role in interviewing the likes of Geza and myself, is being crucified and persecuted for spreading the anti 2030 agenda message,” Kasukuwere said.
He said Mnangagwa should be reminded that Zimbabwe was “a constitutional democracy and any attempt to turn it into a monarchy shall be strongly opposed by all means possible”.
“Mnangagwa has turned Zimbabwe into a family business and the 2030 agenda is meant to extend their access to the gravy train at the expense of ordinary citizens. This must be condemned in the strongest of terms.
“Cde Geza, who has come out strongly against Mnangagwa’s attempt to tamper with the constitution for his personal gain, is also reportedly missing. This follows a series of threats from both government Ministers and the police threatening to arrests him over spurious charges which only emerged after Cde Geza came out strongly to condemn Mnangagwa’s attempt to brazenly violate the Constitution.
“In seeking to extend his rule to perpetuity and proclaiming himself as King Munhumutapa, Mnangagwa is slowly morphing himself into a monarchy and Zimbabweans from across the political divide should join forces to condemn such obscenity. It should not be allowed to see the light of day.
“No one should be arrested for asking government to abide by the Supreme Law of the land. Journalists should not be arrested for simply doing their job. Arbitrary arrests, torture and detention of political actors should never be condoned. Blessed Mhlanga and Cde Geza have not committed any offence save to call the government to account and to ask that the constitution be respected,” said Kasukuwere.
