Harare regional magistrate Francis Mapfumo has dismissed an application by Walter Magaya, the founder of Prophetic Healing and Deliverance (PHD) Ministries, which sought to stop further postponements of his case or to have him removed from remand.
The magistrate ruled that the application had no merit. The decision was made in the absence of both Magaya and his lawyer.
Magaya is facing five rape charges involving two complainants. The allegations date back to 2013.
The trial, which was meant to start on Monday, was postponed after the Chief Director of prosecution, Tendai Shonhayi, asked for the postponement, saying there were still logistical problems involving a key witness based in Ireland. She said:
“One of the complainants in this matter, as well as the first person to whom the allegations were reported, are both based in Ireland.
“There was a communication breakdown regarding their travel arrangements.
“Initially, we believed they would fund their own travel, but we only learned last week that they assumed the State would cover the costs.”
She said the information was disclosed too late for the State to make the necessary travel arrangements, adding that responsibility for such logistics lies with the Judicial Service Commission (JSC).
Magaya’s lawyer, Admire Rubaya, strongly opposed the postponement, accusing the State of incompetence and of misleading the court.
He argued that the prosecution had failed to obtain signed statements from key witnesses, calling into question its readiness to proceed with a case that has been pending for more than a decade. Said Rubaya:
“The accused was arrested in dramatic fashion by over 40 armed police officers at his prayer mountain, detained in police custody, and later remanded in prison. Yet, 10 years after the alleged offences were committed, the State is still not ready for trial.”
Rubaya also told the court that one of the complainants filed an affidavit in November 2025, indicating her intention to withdraw the charges against Magaya.
He argued that this made the case baseless and called for Magaya’s removal from remand, saying his client’s constitutional right to a fair and timely trial was being violated. Said Rubaya:
“The complainant who alleged rape has formally stated she has nothing against the accused. Effectively, the reason why the accused is on remand has collapsed.”
Shonhayi clarified that only the State has the authority to withdraw charges, not the complainant.
Despite Rubaya’s arguments, Magistrate Mapfumo dismissed the application, allowing the State to continue with its preparations.
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