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Clergyman Walter Magaya is seeking the recusal of prosecutor Ms Tendayi Shonhayi from his ongoing criminal proceedings, alleging bias and conflict of interest stemming from her alleged membership in a rival church.
The application, submitted through his lawyers Admire Rubaya and Everson Chatambudza and tendered in court on Tuesday, marks the latest development in a case that has seen a series of legal challenges and procedural disputes.
In a letter addressed to the Prosecutor-General, Magaya accuses Ms Shonhayi of lacking impartiality and claims she is pursuing a personal agenda influenced by her alleged association with United Family International Church (UFIC), which he describes as a rival to his PHD Ministries.
“Our client instructs, and has it on good authority, that Ms Tendayi Shonhayi is a member of a rival church known as United Family International Church, which is considered by our client as a rival church to Magaya’s church PHD Ministries as well as to Magaya himself,” the letter reads.
“It is our client’s considered view that Ms Tendayi Shonhayi is on a mission of her own to try and persecute him on the basis that she wants to destroy our client’s church for the benefit of UFIC, which is a competing rival church.”
Magaya further accuses the prosecutor of unilaterally moving his trial from an open court (Court 15) to the Victim-Friendly Court before the presiding magistrate had determined whether the matter should be heard there using intermediaries for the alleged victims.
His lawyers also raised procedural concerns, alleging that Ms Shonhayi prepared a defective charge sheet, State outline and witness statements that did not initially contain the names of the complainants, allegedly in contravention of Section 146 of the Criminal Procedure and Evidence Act.
According to the letter, the defence only received amended charge sheets bearing the names of the complainants after challenging the omissions.
It is also alleged that witness names were subsequently handwritten in blue ink on typed witness statements.
“For your convenience, we have attached the defective documents that our client was once served with,” the lawyers wrote.
Magaya also claims that court proceedings have been dominated by Ms Shonhayi despite her not being lead counsel.
The letter alleges that she frequently directs proceedings by whispering to lead prosecutor Mr Clemence Chimbari, suggesting she is effectively in charge of the case.
The defence further claims that Ms Shonhayi has requested the bail record and intends to appeal against bail granted by the High Court of Zimbabwe.
The letter also references her previous attempt to seek the recusal of Justice Mandaza in the bail proceedings, alleging that she had already prepared a recusal application before completing her oral submissions in chambers.
“It is the client’s contention that Ms Shonhayi is not impartial in this matter as required by the law for a prosecutor,” the letter states.
“She clearly has a personal agenda emanating from her personal hatred against both the accused person and his church.
“It is, therefore, not in the interests of justice that she is allowed to continue being part of the prosecuting team, given this background.”
The National Prosecuting Authority had not responded to the allegations at the time of writing.
Magaya is expected to testify on Wednesday in support of his application for referral of the matter to the Constitutional Court, which arose after the State successfully applied for the trial to be conducted in a closed court.
Peter Tanyanyiwa