Online Reporter
Zvikomborero Parafini
PROPHET Magaya’s wife Tendai was described by a magistrate as a good candidate for bail as her four-day nightmare ended when she was granted bail yesterday.
However, her husband remains in custody after the couple met with contrasting fortunes in their bid for freedom.
The couple is jointly facing allegations of defrauding 13 people in a criminal enterprise disguised as an investment in which the complainants would receive land to build their houses.
Magaya is also facing five counts of rape.
Harare regional magistrate Marewanazvo Gofa granted Tendai US$500 bail after having thrown out the couple’s application for immediate release on the grounds that their rights were violated when they were detained longer than necessary.
The magistrate ruled that the circumstances related to their detention had no bearing on their release.
Magistrate Gofa advised the couple to seek recourse, as provided by the law, which includes approaching the Constitutional Court, for compensation and damages.
The defence has since asked the court for the typed ruling to “prepare necessary review papers.”
Magaya, through his lawyers Admire Rubaya and Everson Chatambudza, told the court that he will not apply for bail at the magistrate’s court in respect of the fraud case.
He said he will apply for bail at the High Court and his application will also include the rape allegations.
Magistrate Gofa said she has no jurisdiction to hear the bail submissions as it is a third schedule offence. Tendai was ordered not to interfere with witnesses and to stay at her given address until the matter is finalised.
Magistrate Gofa ruled that Tendai’s defence was plausible.
She added that investigations started two years ago and she could not be denied bail because the State wants further investigations.
She said that Tendai was not a flight risk because she had known about the allegations since 2023 and if she wanted she could have fled.
Magistrate Gofa added that denying her bail, because of her position in church, would be a travesty of justice.
She said Tendai hasn’t shown signs to interfere or flee hence she’s a good candidate for bail.
The Magayas are accused of allegedly defrauding home seekers of US$42,000 in a non-existent stands scheme.
She is expected back in court on November 18.
Meanwhile, Magaya’s aide Tapiwa Felix Chikondo was also granted bail yesterday.
He is facing charges of obstructing the course of justice and assaulting a police officer in the process.
He was allegedly blocking the police officers from arresting Magaya when they raided his prayer mountain.
Chikondo was released on US$300 bail and was ordered to report once a fortnight at Waterfalls Police Station and not to interfere with witnesses until the matter is finalised.
He was represented by Stephen Chikotora and Malvern Mapako.
Chikondo is being charged with obstruction of justice. The complainant is the State, which is being represented by Detective Inspector Washington Mashizha, who is stationed at CID Commercial Crimes Division Harare as the Officer in Charge.
Chikondo is employed by the Zimbabwe National Army as a corporal and is currently stationed at Rusununguko Holdings.
The court heard that on Saturday, a team of police officers, which was made up of Superintendent Ndhlovu, Detective Inspector Mashizha, Detective Inspector Siwela-Vhurepi, Inspector Mashongera, Detective Assistant Inspector Chidumwa and Detective Assistant Inspector Chifamba, were at the entrance of Magaya’s prayer mountain where they wanted to arrest him in connection with a number of cases of rape and fraud.
Part of the team had gone up the mountain to effect the arrest.
It is alleged that while the police were at the boom gate, Chikondo came driving a sky-blue Nissan Dayz, at a high speed and stopped in front of police vehicle, blocking it.
He was furious, according to the State, and asked why police officers were at the prayer mountain.
Det Insp Mashizha produced his police identity card and told him that they were all police officers and were there to investigate a number of cases. He allegedly told the officers that they did not have permission to be there since this was his place.
He ordered them to leave.
He then allegedly charged towards Det Ass Insp Chifamba and pushed him to the ground.
Det Insp Mashizha then intervened and restrained him from assaulting Det Ass Insp Chifamba.
He then arrested him.
