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Prophet Magaya rape trial set for May 15
24 Apr 2026 at 10:32hrs |
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The rape trial of Healing and Deliverance Ministries founder Walter Magaya will resume on May 15 before the Harare Magistrates Court, with proceedings now focusing on his application to refer constitutional issues to the Constitutional Court of Zimbabwe.
The matter was postponed on Thursday after both the State and defence indicated they were not ready to present heads of argument, following the conclusion of testimony by the investigating officer.
Magaya is seeking to have the case referred to the Constitutional Court, arguing that his rights were violated during prosecution and that proceedings should not continue while certain legal questions remain unresolved.
His defence also claims that the State has continued prosecuting the matter despite the withdrawal of some complainants.
A key issue before the court involves allegations that witness statements were altered during the investigation.
During cross-examination, investigating officer admitted to making changes to parts of the complainant's affidavit, describing them as clarifications rather than substantive alterations.
He said he replaced references to "Prophet Magaya" with "the accused" and added clarifications regarding timing and circumstances of the alleged offence.
The officer also confirmed that additional sections were later included in the affidavit following further clarification from the complainant.
The complainant's affidavit reportedly details fear and perceived influence surrounding the accused, stating she delayed reporting the alleged incident due to lack of family support and concerns over Magaya's connections.
She also cited fear of intimidation, describing the accused as a "well-connected man" with influence in various circles.
The court also heard that police obtained a warrant to remove Magaya from custody for DNA sampling, a process now being challenged by the defence on procedural grounds, including claims that he lacked legal representation at the time.
Magaya, who denies all charges, is facing multiple rape allegations in separate cases. In another matter before the Esthere Chivasa, proceedings were previously stayed by the High Court after he challenged the use of a Victim Friendly Court.
He also faces separate fraud charges together with his wife and business entities, which are currently pending before the High Court.
The matter was postponed on Thursday after both the State and defence indicated they were not ready to present heads of argument, following the conclusion of testimony by the investigating officer.
Magaya is seeking to have the case referred to the Constitutional Court, arguing that his rights were violated during prosecution and that proceedings should not continue while certain legal questions remain unresolved.
His defence also claims that the State has continued prosecuting the matter despite the withdrawal of some complainants.
A key issue before the court involves allegations that witness statements were altered during the investigation.
During cross-examination, investigating officer admitted to making changes to parts of the complainant's affidavit, describing them as clarifications rather than substantive alterations.
He said he replaced references to "Prophet Magaya" with "the accused" and added clarifications regarding timing and circumstances of the alleged offence.
The officer also confirmed that additional sections were later included in the affidavit following further clarification from the complainant.
The complainant's affidavit reportedly details fear and perceived influence surrounding the accused, stating she delayed reporting the alleged incident due to lack of family support and concerns over Magaya's connections.
She also cited fear of intimidation, describing the accused as a "well-connected man" with influence in various circles.
The court also heard that police obtained a warrant to remove Magaya from custody for DNA sampling, a process now being challenged by the defence on procedural grounds, including claims that he lacked legal representation at the time.
Magaya, who denies all charges, is facing multiple rape allegations in separate cases. In another matter before the Esthere Chivasa, proceedings were previously stayed by the High Court after he challenged the use of a Victim Friendly Court.
He also faces separate fraud charges together with his wife and business entities, which are currently pending before the High Court.
Source - newsday
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