Magaya trial: 11 witnesses to testify

Walter Magaya

Walter Magaya

Fidelis Munyoro : Chief Court Reporter

ELEVEN witnesses have been lined up to testify against Prophetic Healing and Deliverance Ministries founder Walter Magaya, who is facing charges of rape, when his trial takes off at the High Court next month. Magaya, accused of raping a 25-year-old former congregant, will go on trial on February 20.With a high profile and prominent in national and international religious spheres, Magaya’s case will be closely watched by the media and those in Christian circles. According to the indictment, the complainant used to be a congregant at PHD Ministries. She reportedly accepted an invitation from the self-styled prophet to visit him and was shown around the house.

Magaya allegedly left the woman in a room inside the house and later returned naked. It is alleged that Magaya raped the woman once. After the offence, he allegedly gave her $200 and she later reported the incident to her boyfriend in July 2015.

However, in November last year, the complainant sought to withdraw the charges claiming she was being threatened with unspecified action by unidentified people allegedly against the criminal trial of Magaya.

The prosecution refused to drop the rape charges, prompting the clergyman’s lawyers to refer the case to the Constitutional Court.

The application was granted. The apex court will decide on the constitutionality of prosecuting a rape suspect following the withdrawal of a report by the complainant.

Granting the application for referral, Harare magistrate Mrs Vongai Muchuchuti-Guwuriro, ruled that the Concourt should decide whether or not the decision by the Acting Prosecutor-General to indict Magaya when the complainant confessed that the rape allegations were false violated his constitutional rights.

Apart from the Magaya rape trial, the High Court will this term alone hear 45 murder cases and one robbery case between this month and March.

The National Prosecuting Authority has since notified authorities in charge of prisons in Bindura, Marondera, Karoi, Mt Darwin, Murehwa, Kadoma, Chinhoyi and Mutoko to make arrangements and transfer the murder suspects held in their prisons to Harare prisons immediately.

Police have been advised to ensure that witnesses are available to attend court on time.

“The subpoenas for all witnesses for the cases set down for this period have been sent to you for distribution to the various police stations and for the services to the witnesses,” reads the notice to Deputy Commissioner General of Police (Crime) Godwin Matanga.

Meanwhile, the newly opened Masvingo High Court will hear 22 murder cases when the judicial year opens. The court was officially opened in May last year.

The first ever High Court to be opened in Masvingo in post-independence Zimbabwe is manned by two judges—Justices Joseph Martin Mafusire and Garainesu Mawadze.

Masvingo became the third city to house the High Court after Harare and Bulawayo.

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  • Tinovaziva

    I am not a fan of these socalled prophets but I have never trusted eye witnesses. First question, where were the 11? Hidden in the bedroom closet as the accused performed the deed? If they heard it then I would move that their testimony be removed from the records as hearsay. The number is irrelevant, what is important is the quality of their testimony which must be corroborated by infallible sources of evidence. This is a criminal case and not a civil case where preponderance of evidence is not enough.

    Court cases are not about the truth they are about winning and without their star witness, the accused the prosecutors are really screwed. The accused testified saying she was lying dealing a mortal blow to the case. In that case even hard evidence can be explained away. There is a reason why rational prosecutors drop such cases even in cases where everyone knows the accused did it e.g. Domestic Violence cases. You cannot win such cases and it would be irresponsible to use public resources for such lame ducks.

  • Ruramai

    Haaaa please leave Magaya alone aitaseko; leave the man of God alone

  • b c

    Now the journalists are correctly addressing these church leaders: “self-styled prophet”, which is really what Magaya and Makandiwa are, self-styled. Well done for coming to your senses Herald. This has nothing to do with liking or hating these preachers. As for his case, well, who cares really? Perhaps his gullible followers, until the day they realize they were being taken for a ride by another ordinary human skilled in preaching but lying about having special godly powers.

  • Favour

    Nonsense!!!

  • yowe

    Leave my papa alone. 2017 is his year of break through and we are going to increase our tithes and offerings 7 fold this year. Tofa hedu nenzara hazvina basa as long as Magaya gets richer

  • Mhofu1

    Does the constitution of Zimbabwe allow the prosecution of a person once the victim has withdrawn the case? What about if the victim retracts his or her story and the prosecutor has evidence that someone has been paid off or not paid off.

    • laizah

      Rubbish these so called man of God are rubbish and filthy ndovatadzi vahombe ivavo. You followers you are brain washed makaroyiwa if your prefer to die of hunger coz of Magaya who

  • Jonso

    But why continue pursuing the matter if the complainant has withdrawn the case. Whether it happened or not, but the complainant insists nothing happened. Is the law just against him or what? In this case i would have thought the owner is the best witness in this matter. But if God is for us, who then can be against us?

  • shbkyn45

    Put all the preachers in jail, so that people can use their own money to buy food for their starving children.

  • Machine

    your ‘god’ Magaya is going to jail. iye he knows it. his master Lucifer is giving him a punishment

  • Mrs Chimomo

    ko akarepa wacho ndiye 11 witnesses here nhy Cde Kundai. handiti akati i lied. saka kana nyaya yaiva yekunyepa 11 avo varikuda ku witnessa chii?

  • Gore Renzara

    Ma**re anonetsa