Source: Magaya bid to refer rape case to ConCourt galters -Newsday Zimbabwe
HARARE, Jun. 16 (NewsDay Live) — A Harare magistrate has dismissed an application by Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya seeking referral of his rape case to the Constitutional Court, ruling that no constitutional issues had been raised.
Magaya, who is facing rape charges which he denies, had argued that the National Prosecuting Authority was violating his right to a fair trial by pursuing allegations that some complainants had allegedly withdrawn between 2013 and 2018.
Harare magistrate Francis Mapfumo dismissed the application, saying it did not disclose any constitutional questions requiring determination by the Constitutional Court.
Magaya had challenged amendments made to the charge outline and witness statements, arguing that police improperly altered evidence. The issue came into focus during the cross-examination of the investigating officer by defence lawyer Admire Rubaya.
The investigating officer acknowledged making changes to the complainant’s affidavit but maintained that the amendments were intended to clarify aspects of the statement.
“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,” he told the court.
He said some references had been adjusted to conform 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 had sought referral of the matter to the Constitutional Court, arguing that his rights had been violated and alleging that the State continued prosecuting despite the withdrawal of complaints by some complainants.
The cleric further alleged that police altered witness statements, an issue explored during the hearing.
The investigating officer said some additions to the complainant’s affidavit were made after he sought further clarification.
“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.”
In portions of the statement read in court, the complainant said she had not reported the alleged incidents earlier because she felt isolated and unsupported.
“My parents, whom I hoped would provide guidance and protection, held the accused in high regard and had no reason to doubt him, so I felt they would not believe or support me if I came forward,” the statement read.
She said both her parents were employed by Magaya, making it more difficult for her to speak out, and claimed she felt compelled to protect her family’s reputation.
The complainant also described what she perceived to be Magaya’s influence.
“He was a well-connected man, often seen socialising and rubbing shoulders with influential politicians and high-ranking police officers. His influence appeared to extend beyond the hotel and into political and law enforcement circles,” the statement said.
She further expressed fears for her safety based on rumours she had heard about the accused.
The investigating officer also told the court that police obtained a warrant to remove Magaya from prison for DNA sampling. The defence is challenging the process, arguing that Magaya was forcibly removed without his lawyers being present.
Magaya is accused of raping women from among his congregants, allegations he denies.
He is also involved in a separate rape case before magistrate Esthere Chivasa, proceedings that 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 faces fraud charges alongside his wife and their company in a separate matter that is set to be heard in the High Court.
