Magaya lawyer goes after police over social media posts

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Magaya lawyer goes after police over social media posts
Magaya lawyer goes after police over social media posts

Africa-Press – Zimbabwe. HARARE, Nov. 18 (NewsDay Live) – Lawyers for PHD Ministries leader Walter Magaya on Tuesday accused the police of using social media to comment on ongoing court matters, saying law enforcement should focus on arresting suspects and bringing them before the courts.

Magaya is jointly charged with his wife, Tendai, and their companies, Planet Africa and Yadah Connect, on fraud allegations.

The PHD Ministries leader is also facing separate rape allegations.

Appearing before Harare magistrate Marehwanazvo Gofa, lawyer Admire Rubaya said police had publicly commented on an alleged US$200,000 fund purportedly meant to bribe court officials.

He argued that instead of issuing such statements online, police should simply arrest suspects if they believe a crime has been committed.

State prosecutor Clemence Chimbari sought postponement of the matter to December 9, saying some statements were still outstanding. Rubaya said the defence consented to the date but warned that, by then, the State must provide a trial date or else the defence will apply for the accused to be removed from remand.

“We confirm the State seeks postponement,” Rubaya said.

“This confirms they arrest accused persons before conducting investigations.

“Investigations must be conducted in a manner that is not prejudicial to the accused.”

He argued that investigating officers should follow the example of the CID Homicide unit, saying they investigate thoroughly before arresting suspects.

He further accused police of issuing social-media statements that risk prejudicing the accused and turning the matter into a public spectacle.

“They issue statements in the media as if the trial is being conducted there,” Rubaya said.

“The accused has been under investigation since 2022, and further postponement is prejudicial.

“Police allege there is a US$200,000 fund, yet instead of arresting anyone, they post statements on social media.”

The State, however, assured the court that a trial date would be provided.

According to the allegations, the Magayas, as directors of Planet Africa and Yadah Connect, allegedly connived in 2016 to defraud PHD Ministries congregants and other home-seekers by falsely claiming they had acquired land for housing developments.

They allegedly claimed to have land in Chishawasha, Norton, Westgate, Fern Valley in Mutare, Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame and Nyatsime.

The State says the Magayas held a church service at PHD Ministries in Waterfalls, where they told congregants that God had instructed Magaya to help members build houses.

Interested congregants were allegedly told to buy land from Planet Africa.

The couple allegedly distributed pamphlets containing images of the purported land and advertised additional mining, farming and beekeeping projects purportedly designed to help members build homes.

Complainants paid money at the church offices, and the accused allegedly signed memoranda of understanding falsely stating that Planet Africa had been allocated land by the Local Government and Public Works ministry.

In 2017, to maintain confidence in the scheme, the Magayas allegedly approached former Reserve Bank governor Gideon Gono seeking a one-year lease for New Donnington Farm.

Magaya allegedly transported congregants to the farm and misrepresented himself as its owner.

Complainants later learned that the property belonged to Gono.

According to the State, PHD Ministries received US$1,600 and R5,000; Planet Africa received US$27,300; and Yadah Connect received US$21,340, R190,000 and ZWL1,000. None of the funds have been recovered.

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