Online Reporter
Prosper Dembedza
Herald Correspondent
A HARARE magistrate has dismissed an application by Prophetic Healing and Deliverance Ministries founder Walter Magaya seeking referral of his rape case to the Constitutional Court, ruling that the request did not raise any constitutional issues.
Magistrate Mr Francis Mapfumo threw out the application after Magaya argued that the National Prosecuting Authority of Zimbabwe (NPAZ) was violating his right to a fair trial.
Magaya, who is facing rape charges, had contended that the matter should be referred to the Constitutional Court on the basis that some complainants had allegedly withdrawn their allegations between 2013 and 2018.
However, Mr Mapfumo ruled that the application lacked merit, stating that no constitutional questions had been sufficiently raised to warrant referral.
During proceedings, the defence also challenged the conduct of the police, alleging that witness statements had been altered by the investigating officer.
Under cross-examination by defence lawyer Admire Rubaya, the investigating officer admitted making changes to the complainant’s affidavit, but maintained these were merely clarifications.
“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 explained that he amended references to “Prophet Magaya” to “the accused,” saying this was standard procedure.
“The complainant would write ‘prophet,’ but as a police officer, I changed that to ‘the accused,’” he said.
The officer also acknowledged that some portions of the statement were not part of the original submission.
“Paragraph 16 was not in the first statement. It was a clarification which I sought from the complainant,” he said.
In her statement, read in court, the complainant described feeling isolated and unable to report the alleged incidents due to fear and lack of support.
“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,” she said.
She added that her parents’ employment ties to the accused made it more difficult to speak out, and claimed he was a well-connected individual with influence in political and law enforcement circles.
The complainant also alleged that she feared for her safety, citing rumours she had heard about the accused.
The investigating officer further testified that police obtained a warrant to remove Magaya from prison for DNA sampling, a move now being challenged by the defence, which argues he was taken without his lawyers present.
Magaya is accused of raping female congregants, allegations he denies.
He is also facing a separate rape charge before magistrate Ms Esthere Chivasa, which has been stayed by the High Court following his successful challenge against proceedings being held in a Victim Friendly Court.
In addition, he faces fraud charges alongside his wife and company, with that matter pending before the High Court.
