Magaya ‘refuses’ to cooperate with court order allowing sale of Heart Stadium

HARARE – Prophet Walter Magaya, the founder of the Prophetic Healing and Deliverance (PHD) Ministries, is allegedly refusing to cooperate with a court order to settle a US$420,140.72 debt owed to GetBucks Microfinance Bank Limited, allegedly denying the Sheriff of Zimbabwe access to his properties and prompting the bank to seek the intervention of Zimbabwe Republic Police (ZRP) Commissioner-General.

GetBucks has escalated its efforts to enforce a High Court judgement against Planet Africa (Private) Limited, Walter Magaya, and Tendai Magaya (Magaya’s wife), requesting the intervention of the police boss.

The bank is alleging that police are failing to provide necessary escort services to the Sheriff of Zimbabwe, hindering the execution of a court order to recover a debt of US$420,140.72.

The High Court’s Commercial Division in Harare, in a ruling issued on October 9, 2024, granted judgment in favour of GetBucks, ordering the defendants to pay the outstanding amount with a 10% monthly interest from September 11, 2024.

The court also declared a piece of land belonging to Planet Africa, where Walter Magaya’s Heart Stadium and hotel are located, specially executable.

According to documents seen by Nehanda Radio, GetBucks instructed the Sheriff to execute the writ of execution against Planet Africa at their Prospect, Waterfalls address, and against Walter and Tendai Magaya at their Mount Pleasant residence in November 2024.

However, Sheriff’s officers were reportedly denied access to both premises.

In line with legal procedures, the Sheriff requested police escort services from Waterfalls and Marlborough Police Stations.

While Waterfalls Police initially agreed to provide escort on January 10, 2025, and later postponed to January 16, 2025, they subsequently failed to deploy officers.

GetBucks alleges that the Officer in Charge at Waterfalls Police did not release the police details despite follow-ups, and that the request was forwarded to District Headquarters for approval, with no action taken to date.

The bank, through its legal representatives, Danziger and Partners, argues that the ZRP’s inaction renders the court order unenforceable, undermining the judicial authority of the High Court.

They have submitted a formal request to the ZRP Commissioner-General, urging intervention to ensure the rule of law is upheld and to prevent potential harm to the Sheriff’s officers.

The letter to the ZRP Commissioner-General includes attachments of the court order, writ of execution, execution instructions, returns of service, police escort requests, proof of payments, and correspondence between the Sheriff, ZRP, and legal practitioners.

Copies of the letter have also been sent to the High Court Registrar, the Ministers of Justice and Home Affairs, the Sheriff of Zimbabwe, and the Judicial Service Commission.

GetBucks has further indicated its intention to file urgent mandamus proceedings against those neglecting their duties and contempt of court proceedings against the defendants.

They have also filed a complaint against the defendants or any person who denied the Sheriff access, alleging contravention of Section 184(b) of the Criminal Law (Codification and Reform) Act, which criminalises hindering or obstructing an officer of the court.

“Our client is of the view that if the ZRP cannot assist, then this is a cause for law reform to allow the Sheriff to be allowed to use private security nominated by the judgment creditors. We hope the above course shall not be necessary.

“In addition, our client reserves the right to issue urgent mandamus proceedings against all those neglecting their duties and contempt of court proceedings against the Defendants.

“The Police are duty bound to assist the Sheriff in enforcing court orders to protect the integrity of the courts and to curb undermining of court orders and judicial authority at large as is happening in this case where the Sheriff as an officer of the court is being hindered from enforcing the court orders.

“That is a direct undermining of judicial authority which should not be permitted in any progressive judicial system,” the bank stated.

The Heart Stadium, inaugurated by President Emmerson Mnangagwa in December 2024, has been touted as a state-of-the-art facility.

Magaya has faced other legal challenges, including allegations of rape and fraud. The Zimbabwe Gender Commission is currently investigating him over allegations of sexual abuse.