Magaya Rape Trial Court Considers ConCourt Referral

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Magaya Rape Trial Court Considers ConCourt Referral
Magaya Rape Trial Court Considers ConCourt Referral

Africa-Press – Zimbabwe. HARARE, Apr. 23 (NewsDay Live) – The rape trial of Healing and Deliverance Ministries founder Walter Magaya will resume on May 15 before Harare magistrate Francis Mapfumo, with proceedings now centring on his bid to refer constitutional questions to the Constitutional Court.

The hearing was postponed on Thursday after both the State and defence said they were not ready with heads of argument following the completion of testimony by the investigating officer.

Magaya is seeking referral of the matter to the Constitutional Court, arguing that his rights were violated and that the State continued prosecuting the case despite the withdrawal of some complainants.

His defence has also raised concerns over alleged alterations to witness statements, an issue explored during cross-examination by lawyer Admire Rubaya.

The investigating officer conceded making amendments to the complainant’s affidavit, insisting they were clarifications rather than substantive changes.

“She wrote the statement and sent it to me on October 23, 2025. She had not clarified the time and how the offence was committed,” he told the court.

He added: “On paragraph 11 she wrote, ‘I refused to go because I knew the pregnancy was Prophet Magaya’s.’ I amended ‘Prophet Magaya’ to ‘the accused.’ The complainant would write ‘prophet,’ but as a police officer, I changed that to ‘the accused.’”

Much of the complainant’s affidavit focused on fear, family ties, and perceived influence surrounding the accused.

She stated she delayed reporting the alleged rape because she felt “completely unsupported and isolated,” adding that her parents—both employed by Magaya—were unlikely to believe her.

She also described Magaya as a “well-connected man” with links to influential political and law enforcement figures, which she said contributed to her fear.

The investigating officer confirmed that additional sections were introduced later as clarifications. “Paragraph 16 was not in the first statement. It was a clarification which I sought from the complainant,” he said.

The affidavit also includes allegations linking Magaya to the complainant’s pregnancy, including claims that instructions were communicated through her boyfriend regarding marriage arrangements and financial support.

The officer further told the court that police obtained a warrant to remove Magaya from prison for DNA sampling, a procedure now being challenged by the defence as unlawful due to alleged absence of legal representation at the time.

Magaya, who denies the charges, faces multiple rape allegations from congregants. In a separate matter before magistrate Esthere Chivasa, proceedings were stayed by the High Court after he successfully challenged the use of a Victim Friendly Court.

He also faces fraud charges alongside his wife and company, which are pending before the High Court.

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