Online Reporter
Zvikomborero Parafini
PROPHET Magaya spent a third night in custody yesterday after a court appearance spent largely on a dispute as to whether his weekend detention, after his dramatic arrest on 13 fraud and five rape counts, violated the law.
Prosecutor Clement Chimbare applied to have the rape case to be heard in camera and journalists were ordered out of the courtroom.
The State is accusing the prophet of, among other things, allegedly deceiving investors that he was the owner of a farm, which is owned by former Reserve Bank Governor, Gideon Gono.
His wife, Tendai Magaya, is also being accused of allegedly being part of what the State claims is a criminal enterprise.
Prophet Magaya’s bid for freedom will be determined today when Harare regional magistrate, Marewanazvo Gofa, rules on his application seeking his immediate release on the basis that the couple’s detention violated the law.
The prophet and his wife, through their lawyers Admire Rubaya, Advocate Sylvester Hashiti and Everson Chatambudza, mounted an application arguing that the couple were detained beyond the 48 hours required by the law.
They told the court that Prophet Magaya was arrested during a dawn raid at 5am on Saturday at his prayer mountain while his wife was arrested thirty minutes later at the couple’s Yadah Hotel.
The lawyers argued that the couple should have been released by 5am on Monday.
They urged Magistrate Gofa to release them unconditionally and for the State to proceed as they please thereafter.
Prosecutor Chimbare opposed the couple’s application arguing that there are remedies available in the constitution when accused persons feel that their rights have 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.
“The law doesn’t state that upon infringement the accused persons will be absolved of all wrong doing.
“The circumstances of this case don’t allow their immediate and unconditional release because criminal charges still have to be pursued,” argued Chimbare.
The couple is appearing in court together with their companies – Planet Africa (Pvt) Ltd and Yadah Connect, represented by Tatenda Chinguwo, who was also remanded in custody.
Prosecutors allege that Prophet Magaya, acting in common purpose with his wife and Chinguwo, came up with a plan to defraud PHD Ministries congregants, and other members of the public.
The prosecutors claim the three misrepresented to the investors that they had acquired land in Chishawasha, Norton, Westgate, Fern Valley Mutare, Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame and Nyatsime for building houses for church members and members of the public.
Other projects included farming, beekeeping and mining.
It is alleged that in 2016, Prophet Magaya held a church service at his PHD Ministries at number 1 Sherwood Crescent, Corner Simon Mazorodze, 10A Sherwood Crescent, Waterfalls Harare, 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.
He further announced that the project of building houses was to be administered by Planet Africa and Yadah Connect.
Prosecutors say that members who were interested were supposed to buy the stands from Planet Africa by paying monthly contributions.
Yadah Connect would then build houses.
Prophet Magaya allegedly produced and distributed a pamphlet with the pictures of the land purported to have been acquired for the stands and the houses which they intended to build for the congregants.
Feddie Manyange, Martha Dongo, Rumbidzai Dukwara, Percy Makawonesu, Tambudzai Matara, Theresa Nyanhongo, Ollitah Katsvere, Jane Nyanhongo, Asmin Karongonda and Saul Matsamba allegedly paid a total of US$49,000 and R195,000 to the two companies towards the stands and projects.
Prophet Magaya and his accomplices allegedly signed memorandum of understanding with the complainants who believed that Planet Africa had been allocated land by the Ministry of Local Government and Public Works.
The couple allegedly approached Dr Gono seeking a farming contract at New Donnington Farm, which belongs to the former Reserve Bank Governor.
Dr Gono agreed to provide them with land for farming for one season only.
Prophet Magaya allegedly gathered congregants who had paid for the stands, including the complainants, and took them to the New Donnington Farm in Norton.
He allegedly misrepresented that he was the owner of the farm and the farm was ready for the allocation of residential stands.
The State claimed that when the announcement was made Tendai Magaya was present and did not disclose to those who were being shown the land that the land belonged to Dr Gono despite having been part of the team which negotiated for the farming contract.
The complainants, the court documents show, later found out that the farm they were shown belonged to Dr Gono and was not for sale.
They then filed reports with the police.
Mathew Masinge