Prosecutor fights to keep Magaya and wife behind bars, ruling deferred to Tuesday
HARARE – Magistrate Marewanazvo Gofa has postponed to Tuesday a decision on whether Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya and his wife Tendai will be released unconditionally or placed on remand, following complaints of over-detention.
The couple, along with their company Planet Africa, represented by Tendai Chinguwa, appeared before Magistrate Marewanazvo Gofa on Monday facing fraud charges.
Their lawyer, Admire Rubaya, argued that the pair had been unlawfully detained beyond the constitutionally permitted 48-hour period.
Rubaya told the court that Magaya was arrested at around 5AM on November 1 while praying at his church’s prayer mountain, while his wife was arrested about half an hour later.
Both, he said, were held without access to legal counsel for several hours and were only allowed to see their lawyers after 11:30AM the same day.
The defence further contended that there had been no court-issued warrant authorising an extension of detention.
“Accused one and two were over-detained,” Rubaya stated.
“Magaya was arrested at 5AM (on November 1) while praying at the prayer mountain by over 30 armed police officers. He is a man of God who cannot even harm a fly. The second accused was arrested around 5:30AM on Saturday, simply because she is the wife of the first accused.
“She should have been released by 5:30AM (on November 3) but she was not. The accused are here illegally.”
Prosecutor Clemence Chimbari, however, acknowledged the couple’s extended detention but argued that the magistrate lacked authority to release them solely on that basis. He said claims of unlawful detention should instead be pursued through civil proceedings.
“The issue of over-detention does not alter the nature of the case,” Chimbari said. “The circumstances do not justify an immediate and unconditional release, as criminal charges are still being pursued.”
Chimbari added: “If the court allows their immediate release, it will be overstepping its powers.”
The state further cited Justice Dube Banda’s ruling where it was noted that once an accused person has been brought before the court and charged, they cannot seek immediate release on grounds of detention.
Meanwhile, the couple’s two security guards are also due to appear in court facing obstruction of justice charges after allegedly assaulting police officers during Magaya’s arrest.
Shortly after Monday’s hearing, the courtroom was cleared to allow for a separate in-camera session related to other charges of rape that Magaya is facing.
The court is expected to deliver its ruling on the defence application for immediate release on Tuesday.
