Magaya Claims Rape Trial Is Unconstitutional In Court Bid
Walter Magaya says he is being “harassed” by the State and is battling what he calls an “unconstitutional” rape trial, after taking his case to the Constitutional Court. The PHD Ministries founder has filed an application seeking to halt the ongoing proceedings, with a ruling expected on May 15, 2026.
Magaya filed heads of argument before Harare Regional Magistrate Francis Mapfumo on Friday, April 24, 2026. The application seeks to have his ongoing criminal trial referred to the Constitutional Court. He argues that the State’s decision to continue prosecuting him violates his fundamental rights and amounts to harassment.
Continuing With The Trial Amounts To Harassment
The Herald reports that Magaya’s legal team, led by Admire Rubaya and Everson Chatambudza, argues that one complainant formally withdrew her allegations. The lawyers say this position was communicated through legal representatives.
“The State’s decision to proceed with the matter, despite significant developments, violates Mr Magaya’s fundamental rights as protected under the Constitution,” the legal team argues.
They add:
“Continuing with the trial under such circumstances amounts to harassment and undermines the protection of the law guaranteed to every citizen.”
The application further states that the prosecution’s conduct compromises the integrity of the judicial process. Magaya maintains this results in the arbitrary deprivation of his liberty.
“The cumulative effect of these actions renders the proceedings unlawful and unconstitutional,” the application reads.
DNA Evidence And Altered Statements
Magaya also raises concerns about how evidence has been handled, particularly in relation to another complainant. According to the application, prosecutors allegedly amended a witness statement.
“The prosecutors failed to disclose both the original and amended versions to the defence,” the court papers state.
The defence argues that this alleged failure violates his right to a fair trial and limits his ability to adequately prepare his case.
“This conduct violates Mr Magaya’s right to a fair trial and denies him the opportunity to adequately prepare his defence.”
DNA evidence is another key issue raised in the application. Magaya argues that although the evidence was obtained through a court order, the results have not been disclosed to him. [I cannot verify this]
State Opposes Application As Ruling Looms
The State, represented by Clemence Chimbare, is opposing the application and is expected to file its response in the coming week.
If the referral is granted, the Constitutional Court will determine whether the prosecution’s conduct aligns with constitutional protections.
For now, the matter remains before the magistrates’ court, with a ruling expected on May 15, 2026.
At this stage, no determination has been made on the merits of the application, and proceedings remain ongoing.
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