Update On Prophet Walter Magaya's Rape Case

PROPHETIC Healing and Deliverance Ministries leader Walter Magaya was yesterday granted leave by Harare magistrate Vongai Muchuchuti to approach the Constitutional Court (ConCourt) to challenge his indictment for trial over a rape case where the complainant has voluntarily withdrawn the matter.

Muchuchuti ruled that it was no longer in dispute that the matter had been withdrawn and that there was no evidence from the State to challenge the fact that the withdrawal was done freely and voluntarily.

She said the State was duty-bound to call the complainant to clarify on the issue of the withdrawal if it suspected she was coerced to drop the charge.

“It is ordered that the application for referral to the Constitutional Court of the question set out in paragraph (3.7) of the supporting affidavit be and is, hereby, granted.

“The following questions are referred to the Constitutional Court for its determination: Whether
in light of the complainant’s

withdrawal of her complainant and her indication that the substance of the complaint is false, the decision of the National Prosecuting Authority and/or the Acting Prosecutor-General, to bring applicant to trial amounts to harassment, is in breach of the protection of the law guarantee as encapsulated in section 56(1) of the Constitution of Zimbabwe and, is, therefore, an abuse of the court process and is void,” the magistrate said.

The ConCourt, Muchuchuti said, would also rule on whether it was a breach of section 70(1)(b) of the Constitution to try someone on charges contradicted by the State witness.

Magaya was earlier this year taken to court on a charge of raping a congregant, but the complainant later withdrew the charge, claiming she had fabricated the matter.

The State had, however, insisted on bringing Magaya for trial, prompting his lawyers, Everson Chatambudza and Advocate Thabani Mpofu, to challenge the legality of the move.