Prophet Magaya hit with 4 more rape charges, remanded

Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya was on Monday remanded in custody until February 16, when he is expected to stand trial on a continuous roll running to February 19 on four counts of rape.

Magaya appeared before Harare magistrate Letwin Rwodzi, where he did not oppose being placed on remand. However, the State opposed bail, arguing that the matter falls under the Third Schedule of the Criminal Procedure and Evidence Act, meaning bail can only be considered by the High Court.

Prosecutor Clemence Chimbari, assisted by Tendai Shonhai, told the court that the State would furnish the defence with trial papers by February 11.

"This is a Third Schedule offence where bail is entertained in the High Court," Chimbari said, adding that the trial would proceed "from the 16th to the 19th on a continuous roll."

Magaya is represented by lawyers Admire Rubaya and Everson Chatambudza. Rubaya indicated that the defence would approach the High Court for bail "as soon as possible."

According to the State, there are four complainants in the matter, all of whom are alleged to have been congregants of Magaya.

On the first count, prosecutors allege that a 24-year-old woman from Harare was invited to church-related activities in July 2020 before being sexually assaulted at a hotel without her consent. The State says she later disclosed the incident to a family member and reported it to police after learning of similar allegations against Magaya.

The second count involves a 22-year-old woman from Chegutu who was allegedly directed to Harare for prayers and later accommodated at a hotel. Prosecutors allege she was sexually assaulted in 2023 and threatened to remain silent. The State says she later reported the matter to police and underwent a medical examination, the results of which will be produced at trial.

On the third count, the State alleges that a 32-year-old Harare woman, who had known Magaya as her pastor, was offered employment linked to a housing project in 2016. Prosecutors claim she was lured to a Borrowdale property, where she was sexually assaulted. Medical evidence is expected to be presented.

The fourth count relates to a 21-year-old woman from Chegutu who allegedly assisted with marketing a church book and later stayed at a hotel. The State alleges she was called to a hotel suite and sexually assaulted after being left alone with Magaya. She is said to have reported the matter to relatives and later to the police, and also underwent a medical examination.

In all four counts, the State maintains that the alleged encounters were non-consensual and that Magaya "had no right whatsoever to have sexual intercourse with the complainants without their consent."

While not opposing remand, Rubaya criticised the circumstances surrounding Magaya's arrest, alleging that it was calculated to keep him in detention.

"We have complaints against the police. Today was supposed to be his trial," Rubaya told the court, claiming that the State had failed to avail witnesses. "The first witness is in Ireland. The second complainant has written to the PG withdrawing allegations. Faced with that scenario, they connived to re-arrest the accused person in order to keep him in detention."

He added: "It's a sad day for justice… Justice should not be sacrificed on the altar of relevance."

Chimbari dismissed the defence's claims, saying the arrest followed the completion of investigations.

"An arrest is effected where there is reasonable suspicion that a criminal offence has been committed," he said.

Magaya remains in custody pending the commencement of his trial on February 16.