Online Reporter
Yeukai Karengezeka
THE founder of the Prophetic Healing and Deliverance (PHD) Ministries, Walter Magaya, and his wife, Tendai Magaya have appeared before Harare magistrate Marewanazvo Gofa on charges of fraud.
The couple is jointly charged with their company, Planet Africa, which is being represented in court by Tendai Chinguwa.
After the State outlined the charges, the couple’s lawyers Admire Rubaya and Everson Chatambudza lodged an application for their immediate release, arguing that their detention exceeded the legally permissible 48 hours.
Chibaya said the Magayas arrest and detention violated their constitutional rights.
But for the State, Clemence Chimbari said the remedy for an infringement of a constitutional right, the accused can approach the Constitutional Court for compensation or damages.
Chimbari said if the court allows the Magayas’ immediate release it will be “overstepping” its judicial powers.
Rubaya said Magaya was arrested at 5am on Saturday while praying at his prayer mountain.
“Accused 1 and 2 (Magaya and his wife) were over-detained. Magaya was arrested at 5am by over 30 armed police officers while he was praying for everyone in this country. He is a man of God who cannot even harm a fly,” Rubaya argued.
He said Tendai Magaya was arrested at 5:30am on the same day, allegedly due to her association with her husband.
According to Rubaya, she should have been released by 5:30 am, 48 hours after her arrest, but this did not happen.
Rubaya further argued that the couple was denied access to their legal representatives.
Magistrate Marehwanazvo Gofa is expected to deliver a ruling on whether the Magayas will be placed on remand or released unconditionally.
