The National Prosecuting Authority (NPA) has approached the Harare Regional Magistrates’ Court. It wants the court to compel Walter Magaya to enter a plea. Magaya founded Prophetic Healing and Deliverance Ministries. He currently faces several rape charges.
The NPA confirmed the application on Thursday, 12 March 2026. Prosecutors relied on Section 168 and Section 182 of the Criminal Procedure and Evidence Act. According to the NPA, several court applications have delayed trial proceedings.
“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 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.
“Accordingly, the State has approached the court seeking appropriate relief to ensure that the matter proceeds and that the judicial process is not unduly delayed.”
Magaya Seeks Constitutional Court Intervention
Meanwhile, Magaya applied to refer the rape allegations to the Constitutional Court. The case involves accusations from three women. However, he faces six counts of rape in total. The constitutional application focuses on three complainants.
Magaya alleges prosecutorial misconduct and irregular DNA procedures. He also claims authorities violated his right to a fair trial.
He denies all the allegations against him. He says he has consistently rejected the claims. Magaya relies heavily on an affidavit from one complainant. The complainant reportedly no longer wishes to testify.
He says the affidavit was served on the NPA. However, a senior prosecutor initially denied its existence.
Magaya argues the charge cannot stand without a complainant. He says a criminal charge cannot exist without a complaint.
Magaya Challenges Evidence and DNA Procedures
Magaya also accuses prosecutors of altering a witness statement. The statement came from another complainant based in Ireland. He argues only police should amend witness statements. Prosecutors, he says, should not change them.
Magaya further claims authorities withheld the original witness statement. He says they only provided a later statement dated 27 February 2026.
Additionally, he challenges how authorities obtained his DNA sample. He says officials moved him from Harare Remand Prison to Parirenyatwa Hospital. He claims this happened without his lawyers present. He also says the transfer occurred against his will.
Magaya states the DNA results remain undisclosed. As a result, he says preparing his defence is difficult.
Finally, he wants constitutional questions referred to the Constitutional Court. He argues the prosecution violates his rights to equality, liberty, and a fair trial.
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