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Mhlanga, who is represented by lawyers Chris Mhike and Doug Coltart, said the section under which he is charged imposed an unfair burden on journalists.
The ruling means that Mhlanga will spend another two nights in remand prison, where he has been since he was arrested two weeks ago on charges of inciting violence.
Mhlanga’s legal team, led by Chris Mhike of Atherstone & Cook, filed an appeal yesterday arguing that there were no compelling reasons for his continued detention.