Harare regional magistrate Mr Francis Mapfumo has dismissed an application filed by Prophetic Healing and Deliverance (PHD) Ministries founder Prophet Walter Magaya, who was seeking to block any further postponement of his long-running criminal case or, alternatively, to be removed from remand.
In his ruling, the magistrate found that the application lacked merit and failed to meet the legal threshold required for the relief sought. The decision was delivered in the absence of both Magaya and his legal representative, a development that drew attention due to the gravity and public interest surrounding the matter.
Magaya court case: Magistrate dismisses bid to block postponement
Magaya is facing five counts of rape involving two complainants, with the alleged offences dating back to 2013. The case has experienced numerous delays over the years, contributing to mounting legal and public scrutiny.
The most recent postponement came after the trial, which had been scheduled to commence on Monday, failed to take off due to the State’s lack of preparedness. The prosecution informed the court that it was unable to proceed as planned, prompting an application for a deferment.
Chief director of public prosecutions Ms Tendai Shonhayi told the court that the delay was caused by unresolved logistical challenges involving a key witness who is based in Ireland. According to the State, the witness’s attendance could not be secured in time because of a funding-related miscommunication, which affected travel arrangements.\
Ms Shonhayi explained that the prosecution had made efforts to facilitate the witness’s appearance but encountered administrative hurdles that were beyond its immediate control. She argued that the witness was crucial to the State’s case and that proceeding without their testimony would prejudice the prosecution.
However, Magaya’s legal counsel, Mr Admire Rubaya, vehemently opposed the State’s request for a postponement. He accused the prosecution of incompetence and misleading the court, arguing that the State had ample time to prepare for a matter that has been on the court roll for more than a decade.
Rubaya told the court that the prosecution’s failure to finalise logistics and secure signed witness statements demonstrated a lack of seriousness and readiness to proceed. He submitted that repeatedly postponing the matter amounted to an abuse of court process and unfairly infringed on Magaya’s constitutional rights.
The defence further revealed that one of the complainants had allegedly filed an affidavit in November 2025 expressing an intention to withdraw the charges against Magaya. Rubaya argued that this development significantly weakened the State’s case and called into question the continued justification for keeping his client on remand.
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According to the defence, the affidavit rendered the charges baseless and underscored the prejudice suffered by Magaya, who has remained under the cloud of serious criminal allegations for years without the case being finalised. Rubaya insisted that his client’s right to a fair and speedy trial, as guaranteed under the Constitution, was being violated.
Despite these arguments, magistrate Mapfumo ruled that the application to bar further postponements or to remove Magaya from remand did not satisfy the required legal standards. He held that the court could not pre-emptively deny the State an opportunity to proceed, particularly where it had indicated that logistical challenges were being addressed.
The magistrate also noted that the issue of witness availability, while unfortunate, did not automatically entitle the accused to discharge or removal from remand. He emphasised that such remedies are exceptional and must be supported by compelling evidence of abuse or deliberate delay, which he found lacking in this instance.
The ruling means that Magaya remains on remand as the State works to resolve outstanding issues and prepare for trial. The case is expected to return to court on a later date to allow the prosecution to regularise its witness arrangements and indicate its readiness to proceed.
The matter continues to attract widespread public attention due to Magaya’s prominence as a religious leader and the serious nature of the allegations he faces.
Source: The Herald
