Online Reporter
Yeukai Karengezeka
Court Correspondent
The founder of Prophetic Healing and Deliverance (PHD) Ministries, Walter Magaya, and his wife Tendai Magaya have appeared before Harare magistrate Mrs Marehwanazvo Gofa on charges of fraud.
The couple is jointly charged with their company, Planet Africa, which is being represented in court by Mr Tendai Chinguwa.
After the State outlined the charges, the couple’s lawyers Mr Admire Rubaya and Everson Chatambudza applied for their immediate release, arguing that their detention exceeded the legally permissible 48 hours.
Mr Chibaya said the Magayas’ arrest and detention violated their constitutional rights.
But arguing for the State, Mr Clemence Chimbari said the remedy for an infringement of a constitutional right is for the accused to approach the Constitutional Court for compensation or damages.
Mr Chimbari said if the court allows the Magayas’ immediate release, it will be overstepping its judicial powers.
Mr 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. He is a man of God who cannot even harm a fly,” Mr 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 Mr Rubaya, she should have been released by 5:30 am today, 48 hours after her arrest, but this did not happen.
Mr Rubaya further argued that the couple was denied access to their legal representatives.
Magistrate Gofa is expected to deliver a ruling on whether the Magayas will be placed on remand or released unconditionally.
Peter Tanyanyiwa