Africa-Press – Zimbabwe. PHD Ministries leader Walter Magaya and his wife, Tendai, have been remanded in custody to today following their initial appearance in court on allegations of fraud and rape.
The Magayas are being jointly charged with their company, Planet Africa, represented by Tendai Chinguwa.
They are being represented by lawyers Admire Rubaya and Everson Chatambudza of Rubaya and Chatambudza Legal Practitioners and Advocate Sylvester Hashiti.
Magaya is facing two counts of rape.
The couple is, however, facing 14 counts of fraud.
They appeared before Harare magistrate Marewanazvo Gofa, who is expected to deliver his ruling on their application for immediate release on grounds that they have been over-detained.
Rubaya said the couple was detained beyond 48 hours, as provided for in the Constitution.
“Accused 1 and 2 [Magaya and wife] were over-detained,” Rubaya said.
“Magaya was arrested at 5am in the prayer mountain, while praying for everyone in this country. He was arrested by over 30 armed police officers. The accused is a man of God who cannot even harm a fly.
“[The same applies to the second accused; she has just been arrested because she is the wife of the first accused. She was arrested around 530am on Saturday. She was supposed to have been released at least by 530am, but wasn’t. So the accused are here illegally.”
Rubaya further told the court that the two were held incommunicado.
“They were not allowed to contact their lawyers. We visited CID Headquarters, where we had been advised they were. We were told they were not there. They were not permitted to contact their lawyers.
“They were not given access to their lawyers until after 1130am on November 1, 2025, when one of the police officials, who is a lawyer, Julia Chidumwa, contacted the lawyers so that we have access to them.
“She had to come to where we were at CID Headquarters to take us to the seventh floor, where the accused were being held. So from 530am to 1130am, they had no access to their lawyers and those constitutional rights were violated.”
Rubaya requested to lead Magaya to confirm the time of his arrest.
Prosecutor Clemence Chimbari admitted that the two were over-detained.
Rubaya argued that the couple’s constitutional rights have been violated.
“In their mind, they believe it is inconsequential, but the Constitution is clear. Even if it is the State, they are obliged to follow the law,” he said.
“So the State is coming to you to say we know they were over-detained, but we don’t care. Place them on remand. That, on its own, is unconstitutional. They want to tell us there is a difference between the ZRP and the State.
“The main point we are raising is that the over-detention cannot be inconsequential. The law is clear. The law is bringing the accused within 48 hours. And they concede that it is after 48 hours. This court has jurisdiction to order that the accused persons be released unconditionally.
“If they want to arrest them after the release, they can do that, and we will deal with them then. If they want to proceed by way of summons, they are at liberty to do so. What we are not allowing them is to contaminate the law by applying to place them on remand, yet they were detained beyond 48 hours.”
However, Chimbari said there was a remedy.
“The remedy for an infringement of a constitutional right, the accused can approach the Constitutional Court for compensation or damages,” he said.
The rape case was heard in camera after the media was asked to leave the gallery.
Allegations are that the Magayas, who are directors of Planet Africa and Yadah Connect, sometime during the year 2016, allegedly connived to defraud PHD Ministries congregants and other homeseekers by misrepresenting that they had acquired land for the construction of houses.
They allegedly said they had land in Chishawasha, Norton, Westgate, Fern Valley Mutare, Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame and Nyatsime.
It is alleged that in pursuance of the misrepresentation, the Magayas held a church service at PHD Ministries where they told congregants that there was land for development.
Magaya allegedly announced that God had instructed him to assist members of the church and others to build houses.
He allegedly told members interested that they were supposed to buy the land from Planet Africa.
In the alleged misrepresentation, Magaya and his wife allegedly produced and distributed a pamphlet with pictures of the purported land.
They allegedly further misrepresented by advertising mining, farming and beekeeping projects, which they said would assist members in building the houses.
During the same year, 2016, the complainants paid at the church offices.
The accused signed memoranda of understanding with the complainants, where, in the preamble, they misrepresented to the complainants that Planet Africa had been allocated land by the Local Government and Public Works ministry, knowing very well that there was no such land that had been allocated to Planet Africa.
To keep the complainants hopeful, in 2017, the Magayas, acting in connivance, allegedly approached former central bank governor Gideon Gono seeking a farming contract at New Donnington Farms on a lease basis for a year.
It is alleged that Magaya transported the congregants to New Donnington Farm in Norton and misrepresented that he was the owner of the farm.
The complainants later picked up information that the farm they were shown belonged to Gono.
It is alleged that PHD Ministries received US$1 600, R5 000, while Planet Africa (Private) Limited received a total of US$27 300.
According to the State, Yadah Connect received US$21 340, R190 000 and ZWD1 000 and nothing was recovered.
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