Magaya awaits ruling on discharge application

Zvikomborero Parafini

Court Reporter

PROPHETIC Healing and Deliverance founder and leader Walter Magaya will know his fate today as Harare regional magistrate Mrs Marewanazvo Gofa makes a ruling on his application seeking immediate release on the basis they were over detained.

Magaya and his wife Tendai, through their lawyers Admire Rubaya, Advocate Sylvester Hashiti and Everson Chatambudza, mounted an application arguing that the couple had been detained beyond the 48 hours required by law.

They told the court that Magaya was arrested at 5am on Saturday at his prayer mountain while his wife was arrested at 5.30am at Yadah Hotel and therefore ought to have been released by 5am yesterday.

They urged the magistrate to release them unconditionally and for the State to proceed as they please thereafter.

Prosecutor Mr Clement Chimbare opposed the couple’s application, arguing that there were remedies available in the Constitution when accused persons felt their rights had been violated.

“The law allows accused persons to approach the Constitutional Court for damages or compensation whenever they feel that their rights have been violated,” he said.

“The law doesn’t state that upon infringement, the accused persons will be absolved of all wrongdoing. The circumstances of this case don’t allow their immediate and unconditional release because criminal charges still have to be pursued.”

Magaya and his wife are appearing in court together with their companies, Plannet Africa (Private) Limited and Yadah Connect, represented by Tatenda Chinguwo, who was also remanded in custody.

Prosecutors alleged that Magaya, acting in common purpose with his wife and Chinguwo, hatched a plan to defraud PHD ministries, congregants and other members of the public by misrepresenting that they had acquired land in Chishawasha, Norton, Westgate, Fern Valley in Mutare, Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame and Nyatsime, for building houses, farming, beekeeping and mining projects.

It is alleged that in 2016, Magaya held a church service at his Waterfalls, Harare, premises where he misrepresented that he had stands for sale.

He allegedly told his congregants that God had instructed him that the purpose of giving him land was to assist members of the church and others to build houses.

Magaya is further alleged to have announced that the project of building houses was to be administered by Plannet Africa and Yadah Connect.

Magaya allegedly produced and distributed a pamphlet with the pictures of the land purported to have been acquired and the houses which they intended to build for the congregants.

Genesis 13 verse 9 which says, “A vast land is out there and available to you”, was inscribed on the cover of the pamphlet.

Members were promised 50 percent interest on the projects.

Convinced, the 13 complainants Feddie Manyange, Martha Dongo, Rumbidzai Dukwara, Percy Makawonesu, Tambudzai Matara, Theresa Nyanhongo, Ollitah Katsvere, Jane Nyanhongo, Asmin Karongonda and Saul Matsamba paid US$49 000 and R195 000 to the two companies towards the stands.

Magaya and his accomplices further signed memorandums of understanding with the complainants who were of the belief that Plannet Africa had been allocated land by the Ministry of Local Government and Public Works knowing very well that there was no such land that had been allocated.

The couple allegedly approached former Reserve Bank of Zimbabwe Governor Dr Gideon Gono seeking a farming contract at his New Donnington Farm, to cover their tracks.

Magaya was allegedly in the forefront negotiating with Dr Gono for a farming contract.

Well knowing he had not acquired any land at New Donnington Farm and taking advantage of the farming contract entered into with Dr Gono, Magaya allegedly gathered congregants who had paid for the stands including the complainants and ferried them to New Donnington Farm in Norton.

He allegedly misrepresented that he was the owner of the farm, which was ready for allocation of residential stands.

The State said when the announcement was made, Tendai Magaya was present. However, she did not disclose to those that were being shown the land that it did not belong to them. Magaya also appeared in court charged with five counts of rape.

Prosecutor Chimbare applied to have the matter heard in-camera and journalists were dismissed.