The National Prosecuting Authority of Zimbabwe (NPAZ) has filed an application at the Harare Regional Magistrates’ Court seeking to compel Prophetic Healing and Deliverance (PHD) Ministries leader Walter Magaya to enter a plea, citing a series of defence applications that have delayed the commencement of his rape trial.
The State described Magaya’s filings as frivolous and vexatious, arguing that they have caused unnecessary delays that frustrate the progress of the matter and prolong justice for alleged victims and witnesses.
“The State submits that a series of court applications filed by the accused have had the effect of delaying the commencement of trial proceedings.
“The prosecution contends that these applications are frivolous and vexatious and have resulted in unnecessary delays that frustrate the progress of the matter and prolong the resolution of the case for alleged victims, witnesses, and the State,” the NPA noted.
“The State further highlighted the interests of victims and society, arguing that justice must be delivered without unreasonable delays.
“Citing precedents, the State noted that victims of crime have a legitimate expectation that criminal trials should proceed within a reasonable time.”
Magaya is facing four counts of rape involving adult congregants from Harare and Chegutu, with allegations spanning from 2016 to 2023. He denies the charges.
Last month, Magaya’s defence, Rubaya and Chatambudza Legal Practitioners, applied for the recusal of prosecutor Tendayi Shonhayi, alleging a conflict of interest.
The lawyers claimed Shonhayi is a member of United Family International Church (UFIC), a rival to PHD Ministries, and was acting on behalf of UFIC founder Emmanuel Makandiwa.
The defence also raised procedural concerns over the service of charge sheets and witness statements and challenged a ruling allowing some witnesses to testify virtually in a Victim-Friendly Court.
The NPAZ is seeking judicial intervention to ensure the trial proceeds without further delays.
“The State has approached the court seeking appropriate relief to ensure that the matter proceeds and that the judicial process is not unduly delayed,” the NPA noted.
