Prophet Magaya to approach Constitutional Court over in camera ruling

Prophetic Healing and Deliverance founder Walter Magaya is preparing to approach the Constitutional Court of Zimbabwe after a Harare magistrate dismissed his request for his rape trial to be heard in open court, ruling instead that parts of the proceedings will be conducted in camera.

The decision was handed down by Magistrate Esthere Chivasa, who agreed with State submissions that certain witnesses required the protection of the Victim Friendly Court (VFC) due to their emotional condition.

Prosecutor Clemence Chimbari told the court that witnesses had "gone through a lot, mentally, emotionally and therefore it will not be in the interests of justice and good mental health of the witness to testify in an open court."

He added that some witnesses had "expressed reservations to be in direct contact with the accused," saying the State's application was aimed at ensuring the "proper administration of justice." According to the prosecution, six witnesses are expected to testify, with only those assessed as vulnerable moving into the VFC.

Magaya's lawyer, Admire Rubaya, opposed the application, arguing that the State relied on emotion rather than evidence. He said no proof had been presented to justify classifying the witnesses as vulnerable and stressed that all complainants were adults.

Rubaya cautioned against secrecy in criminal proceedings, warning that closed sessions could undermine transparency.

In her ruling, however, Magistrate Chivasa said the law does not require medical proof to determine whether a witness is vulnerable.

"Court believes a vulnerable witness is the one who needs protection. There is no need for clear evidence of emotional stress. There is no need for stress to be proved. There is no need for a medical affidavit for that," she said.

She added: "Age is not a factor. It does not need one to be a child, even an adult can be a vulnerable witness. It can be very traumatic to face an accused person. From what the State has presented so far, it shows the witness is indeed vulnerable. In rape matters all witnesses are vulnerable."

Chivasa accepted that the witnesses had been interviewed and required protection, ruling: "I will therefore allow the State to lead witnesses in the Victim Friendly Court."

Immediately after the ruling, Rubaya notified the court that the defence would seek referral to the Constitutional Court.

"There are constitutional matters we have picked from the court's ruling. We apply for the opportunity to be able to mount that application," he said, adding that "rushed justice is as good as no justice at all."

Chimbari opposed any further delay, arguing it would inconvenience witnesses who were ready to testify.

"It will be a great inconvenience if witnesses go back without testifying. A lot of time has already been lost this morning," he said.

The magistrate granted the defence time to prepare a written application, which must be filed by Tuesday morning.

Magaya is yet to plead. He faces four rape charges involving adult congregants from Harare and Chegutu, with allegations dating between 2016 and 2023. He also faces additional rape charges and is expected back in court on March 2 in connection with those allegations.