Prophet Magaya bid to refer rape case to ConCourt falters

A Harare magistrate has dismissed an application by Prophetic Healing and Deliverance (PHD) Ministries founder and leader Walter Magaya seeking referral of his rape case to the Constitutional Court, ruling that the application failed to raise any constitutional issues requiring determination by the country's highest court.

Magaya, who denies the rape allegations against him, had argued that the National Prosecuting Authority (NPA) was violating his constitutional right to a fair trial by continuing with the prosecution despite claims that some complainants had allegedly withdrawn their complaints between 2013 and 2018.

Delivering his ruling, Harare magistrate Francis Mapfumo found that the application did not disclose constitutional questions warranting referral to the Constitutional Court and dismissed the request.

The matter arose during ongoing proceedings in which Magaya challenged amendments made to the State's charge outline and witness statements. The issue was extensively explored during the cross-examination of the investigating officer by defence lawyer Admire Rubaya.

The investigating officer acknowledged making changes to one complainant's affidavit but maintained that the amendments were intended to clarify aspects of the statement rather than alter its substance.

"She wrote the statement and sent it to me on October 23, 2025. She had not clarified the time and how the offence was committed," the officer told the court.

He explained that some wording had been adjusted to align with standard police terminology.

"On paragraph 11 she wrote, ‘I refused to go because I knew the pregnancy was Prophet Magaya's.' I amended ‘Prophet Magaya' to ‘the accused.' The complainant would write ‘prophet,' but as a police officer, I changed that to ‘the accused,'" he said.

Magaya's legal team argued that police had improperly altered witness statements and that the prosecution was proceeding despite alleged withdrawals by some complainants.

However, the investigating officer testified that certain additions to the affidavit were made after he sought further clarification from the complainant.

"Paragraph 16 was not in the first statement. It was a clarification which I sought from the complainant," he said. "It answers my question to her on why she did not report the rape."

Portions of the complainant's statement were read into the court record, outlining reasons she said she had not reported the alleged incidents earlier.

According to the statement, she felt isolated and feared she would not receive support from her family because of the high regard in which they allegedly held the accused.

The complainant also stated that both her parents were employed by Magaya and that she believed reporting the matter could have serious consequences for her family.

She further described what she perceived as the cleric's influence, citing his alleged associations with influential figures in political and law enforcement circles.

The investigating officer also told the court that police obtained a warrant authorising Magaya's removal from prison for DNA sampling. The defence is contesting the process, arguing that he was removed without his legal representatives being present.

Magaya is facing allegations involving women from among his congregants, charges he has consistently denied.

The cleric is also involved in a separate rape matter before magistrate Esthere Chivasa. Proceedings in that case were stayed by the High Court after he successfully challenged a ruling that the matter be heard in a Victim Friendly Court.

In addition, Magaya, his wife and their company face separate fraud-related charges in a matter that is scheduled to be heard before the High Court.

The rape case continues before the Harare Magistrates' Court.