Prophet Magaya says complainants withdrew allegations

Cleric and founder of Walter Magaya has filed a fresh application seeking to have his ongoing rape case referred to the Constitutional Court of Zimbabwe, arguing that the prosecution violates his constitutional rights to a fair trial.

The application was filed before Francis Mapfumo through Magaya's lawyers, Admire Rubaya and Everson Chatambudza. It follows an earlier constitutional referral request, in which Magaya claimed he had been denied a trial in open court. A ruling on that application is still pending.

In a founding affidavit, Magaya states that he is facing six counts of rape involving three complainants, which he says he has "consistently and vehemently denied." The alleged incidents are said to have occurred between 2013 and 2018.

Magaya argues that the prosecution has been irregular and prejudicial, claiming that some complainants have since withdrawn their allegations.

"The affidavit confirms that the complainant no longer wishes to testify and that she has… communicated this position to the Prosecutor General," he said, adding that the State's insistence on proceeding with the trial despite withdrawals amounts to an abuse of the justice system.

He further alleges prosecutorial misconduct, claiming that a National Prosecuting Authority official disclosed in court that a complainant's statement had been amended, and that he was only served a belated witness statement months after his arrest.

Magaya also raised concerns over the handling of DNA evidence. He claims he was taken from Harare Remand Prison to Parirenyatwa Hospital against his will and in the absence of his legal practitioners for DNA extraction, but has not received the results. He suggests the results may not support the State's case.

"I stand accused on the basis of a manipulated and unlawful process… This is a direct violation of my right to a fair trial under Section 70 of the Constitution of Zimbabwe," Magaya stated. He is seeking the court's referral of several constitutional questions, including whether continued prosecution violates his rights to liberty, equality before the law, and a fair trial.

The National Prosecuting Authority of Zimbabwe is opposing the application. Chief Public Prosecutor Foelane Muronda denied some of Magaya's claims regarding the withdrawal letter, explaining that the letter had not yet been referred to the trial prosecutor and was still undergoing administrative processes.

The matter is set to return to court on Thursday for the continuation of the hearing.