Magaya remains in custody as bail victory clashes with CID’s immediate re-arrest plot

HARARE – Prophetic Healing and Deliverance Ministries leader Walter Magaya remained in custody despite being granted US$3 000 bail by the High Court, amid reports that police planned to re-arrest him immediately upon release over fresh allegations.

Justice Gibson Mandaza approved the bail application after Harare regional magistrate Marewanazvo Gofa had previously denied Magaya’s request for release.

However, as of yesterday (Tuesday), Magaya’s bail papers had not been signed, and his legal team is expected to return to court today in an effort to complete the process.

Sources within the state security sector indicated that Magaya would have been re-arrested immediately upon release, prompting him to remain in custody instead of paying the bail amount. This extends his stay in remand prison to 12 days since his arrest on November 1.

Magaya faces multiple charges of fraud and rape, which could result in a lengthy prison sentence if convicted. He was arrested alongside his wife, Tendai Magaya, and their company, Planet Africa, on several counts of fraud.

Tendai Magaya was earlier granted US$500 bail after the court ruled that the State had not demonstrated she was a flight risk, noting that she had remained in Zimbabwe throughout the investigation.

In a related case, Magaya’s bodyguard, Tapiwa Felix Chikondo, was granted US$300 bail after being charged with obstructing justice and alternatively assaulting or resisting a police officer during Magaya’s arrest at his Waterfalls prayer mountain.

Meanwhile, reports from intelligence sources suggest that about a dozen heavily armed officers from the Criminal Investigation Department (CID) were waiting at Harare Remand Prison to re-arrest Magaya following his anticipated release.

According to journalist Hopewell Chin’ono, the situation reportedly intensified after a police officer alleged that his daughter was among the cleric’s alleged rape victims.

Magaya’s legal team will continue to push for the processing of his bail papers on Wednesday while the authorities are said to be weighing further action in light of the new allegations.

Former Mt Pleasant MP Advocate Fadzayi Mahere has weighed in on the legal implications of Magaya’s anticipated re-arrest, explaining that, as a matter of law, he cannot be sent straight back to remand prison without due process.

She clarified that if Magaya is re-arrested, he would first be taken to a Zimbabwe Republic Police station, where he must be brought before a court within 48 hours to determine whether there are valid grounds for remand and whether it should be in or out of custody.

She added that Magaya’s decision not to pay his US$3 000 bail deposit does not prevent the police from filing additional charges against him.

“His refusal to pay the bail deposit does not stop the police from adding further charges and bringing him before a court to answer same,” she stated

“That process will merely be done from the remand prison. He can be taken to and from the Police Station to sign a warned and cautioned statement and subsequently brought before the courts afresh in respect of the new charges.”