Magaya rape complainant fumes at State

HARARE - The complainant in Prophetic Healing and Deliverance Ministries Walter Magaya’s rape case has written a second letter querying the Prosecutor-General office’s reluctance to acknowledge her decision to voluntarily withdraw the charge.

The alleged rape victim — a Masters student at the Midlands State University — said she has served her letter to the deputy Prosecutor-General, national director of public prosecutions, chief public prosecutor, Commissioner-General of police, officer commanding Law and Order, clerk of court, Harare Magistrates Court and Magaya’s lawyers Rubaya and Chatambudza.

“It seems as if you have not taken heed of my clarion call that I have withdrawn the rape complaint. I was in the Magistrates’ Court today and was surprised your representative, one (chief public prosecutor) Michael Mugabe, insisted that a decision had been taken to proceed and prosecute the rape case in question, yet I have already withdrawn it,” reads the letter date-stamped December 1.

She queried how the National Prosecuting Authority would proceed with an allegation that she has confirmed as “false.”

“It is my understanding that as the complainant, I am in a position to indicate my decision relating to the matter. There cannot possibly be a rape case where I, as the complainant, have said the complaint was false and was never raped by the accused person,” she said.

She further emphasised that she no longer wanted anything to do with the matter again.

“If the matter proceeds in the manner proposed by your office that might not come out well given that I have already withdrawn this case.

“Kindly note that I was never interfered with neither am I being unduly influenced because I am an independent woman who has decided to tell the truth.”

The issue to have Magaya’s case withdrawn from the courts first became a concern on November 15 when the presiding magistrate Vakayi Chikwekwe found withdrawal affidavits slipped into his office with no one to account for their delivery.

In those documents, she claimed that she was being frustrated with threats from unnamed individuals who wanted to shoot her if she did not testify in a manner that would nail Magaya.

Chikwekwe then noted in court that he could not comment on the documents as they had not been procedurally presented before him.

Subsequent to the court’s decision, she followed proper procedure and served relevant parties withdrawal affidavits on November 17 and attached a letter, saying the decision was made at her own volition.

“I want to correct any misguided misconception or misguided inferences that the referred threats are the prime cause of the withdrawal. Far from it, this withdrawal is motivated by my own free will and volition without any undue influence having been brought to bear,” she said.

However, when the case kicked off before Chikwekwe on Wednesday, Mugabe sought to have Magaya indicted for trial at the High Court and did not mention anything about the withdrawal request.

His move was objected by Advocate Thabani Mpofu who has since assumed Magaya’s agency. Mpofu argued that it was an infringement of his client’s rights to ignore that the alleged victim has asserted that she had lied and wanted to withdraw the accusations.

“The State’s intention is understood but however, it is tainted because it is not in accordance with the law and liberty guarantee as set out in the Constitution,” Mpofu said.

“We are aware of two things that the State has been advised by the complainant, that she does not wish to pursue the complaint and advice that the accusations are false.”

The magistrate’s ruling was that the alleged rape victim did not have powers to influence the court’s decision.

He said the State had a constitutional mandate to determine the course of events but gave the green light to Magaya to apply for referral of his case to the Constitutional Court.

Comments (24)

I believe there is no smoke without fire, why would anyone lie about being raped....food for thought. Besides I think the court should fine this woman for wasting everybody else's time...the courts, Magaya's time, the lawyers etc and wasting government resources even tainting an innocent man's reputation. Ini zvangu I think the court should go ahead with this case, there is indeed more to it.

Ntoe - 2 December 2016

lying to the state is an offense

chikandamatsvina - 2 December 2016

munhu akarepwa uyu asi mari chaiyo (US$$$$$$$$$$$$$$) kwete BOND yakatambidzanwa apa. akatanga kuvhundutsirwa ndokupiwa mari. ngaachisungwa asapiwe bail or option ye fine aende CHIKURUBI chaiko nekutamba nepfungwa dzevanhu musikana uyu

munyimi - 2 December 2016

Making a false report to the Police knowing it to be false is an offence, ... Especially taking into account, the seriousness of the allegations.

Mazhanyuro - 2 December 2016

I was raped, your honour. I was threatened with death your honour. I would like to withdraw the rape charges your honour. No, I was not raped your honour. For someone at University, she's either plain stupid or a victim.

Sagitarr - 2 December 2016

Let God only be her judge. Thank you Lord Jesus Christ for saving my Father and my ministry. U cant fight Jesus Christ and win... Devil and ur mother in-laws maruzaaaaaaaaaaa murivarevi venhema

Leewis - 2 December 2016

she got what she wanted

icho - 2 December 2016

she got what she wanted

icho - 2 December 2016

Magaya mhosva anayo hapana munhu angangomuka opa munhu mhaka yaasina kuita .zvadii??.esp uyo akadzidza anoziva mutemo.pane nyaya.

dzungunde - 2 December 2016

Magaya mhosva anayo hapana munhu angangomuka opa munhu mhaka yaasina kuita .zvadii??.esp uyo akadzidza anoziva mutemo.pane nyaya.

dzungunde - 2 December 2016

Magaya mhosva anayo hapana munhu angangomuka opa munhu mhaka yaasina kuita .zvadii??.esp uyo akadzidza anoziva mutemo.pane nyaya.

dzungunde - 2 December 2016

She has raised a potentially life changing matter with the courts. Imagine if Magaya was to stand trial and for technical reasons gets convicted and languishes in jail. Let the state deal with the status of this matter now. She thinks by pleading with the court to consider " her clarion call" she is doing anybody a favour. Her day in court is coming. My view is that the courts must never be lenient with such people as much as they should never be with rapists.

Washe Zvaita - 2 December 2016

Guys u need to know that dealing with the people Magaya,,TB Joshua is part of westing time because these guy have enough evil powers to control every situation. Just check how rich they both became within a short period of time.Their was not even one prophet in the bible who was as rich as these guys.Open yr eyes,,u will all perish with them.Seal the kingdom of God not the riches of the world.Of course he is getting away with all this but the judgement will come

Matsotsi - 2 December 2016

Pakashanda anointing blood apa.Mukadzi uyu akavharwa muromo.Isu tinotaura chokwadi hameno vanobvuma kuvharwa.Ikozvino vanhu varikupedzwa mari vachitengeswa mafuta munhu chifa nemari but chachinja hapana

Matsotsi - 2 December 2016

i mean seriously, is this wt we hve bn reduced as a people and nation of poor intellects? Arrest tt fake prophet and lock away the keys, arrest this woman for her charade and attempting to defeat the hands of justice and taking us for granted. and for the Likes of Leewis, gosh go back to your bible and stop booty licking - your so called father is a dirty womaniser who will meet his due peril. Mwari havavate

kay - 2 December 2016

Hatisi vana vadiki, Its all over the wall that babbie rakapihwa chibhanzi chisvinu. Hakuna a masters student angangomuka zvake oti ndakabatwa chibharo. I'm sure it would be proper to refer the lady to psychiatrist for an examination before dropping the case.

tomarin - 2 December 2016

She pursued her case after third degree. Which means she was persuaded by outside forces to lodge the complaint. Nothing more and nothing less. Those who forced her or shall I say persuaded her to come forward no exactly how much pressure was exerted on her. In that case they will not raise any charges against her. Pamberi ne freedom ye mwanasikana uyu. Regai va Magaya vaite basa ravo.

Advanced Truth - 2 December 2016

So we have a lot of men lanquishing in jail because of false rape reports. Its not fair. I feel sorry for Gumbura.

THE MEN - 2 December 2016

that lady should be sentenced

matamba - 2 December 2016

Rape is a very serious crime. Through corruption and patronage our justice system have been compromised and we have a serious problem. Mutsvangwa's allaged lady victim turned hostile recently after she walked freely into a cop shop and filed a rape charge, now we have a Magaya lady victim fuming and getting hostile at the courts, The Indian men case is still pending, what will stop Gumbura victims to turn hostile as his appeal drags on. I think a wrong precedent is being set within either our laws or justice system. If this trend keeps going on , the women will be more vulnerable to physical sexual assaults. Rape carries 10 plus years if a victim makes a false report she must serve the 10 plus years for making false report. The system and the laws should be tight and leave no room for games. There has to be accountability someone has to do the time. Why this lady victim is not fuming whilst inside Chikurubi for making a false report boggles the mind.? The way the defence team is excited with this cheap route affidavit powered by Usb notes, shows there is more than meets the eye in the case. No amount of payment will take away that stigma. This lady was abused and she will come out with a criminal record herself how pathetic is this.

X-MAN IV - 2 December 2016

yimfumpatho yonke le..the girl was given money to shut up..had she gone thru trial she wasnt gonna get the dollar or bond note but maybe justice & I doubt if she was gonna get justice..only those with big pocket get it

mthondo - 3 December 2016

Vasina zvavanoziva ndivo vanotaurisa. You want Magaya arrested because you hate him. You are not looking at the matter and not thinking in your normal sense. You are just judging with an evil mind. Munopedza nguva yenyu mahara. Concentrate on your lives and leave the rest for God. Those who wish to see Magaya in prison and stating that he paid the lady. Kindly take your proof to the police so that he is jailed with evidence. Muchaita mariro pasina kufiwa YADAH FOR LIFE

tino - 3 December 2016

Have money in Zimbabwe - you are in serious trouble. Politicians will make sure they destroy you because of their failure to think and make money. They are lazy idiots who want freebies with no sweat. The economy is too poor there is no more money to steal. NOw you are after Magaya. YOU WILL NOT GET A SINGLE CENT OF HIS MONEY. No matter how hard you try your false stories will not get anywhere. YOu are going to run out of lies and eventually give up on him. Makabvira kare muchaneta chete. Hatiwire pasi nekuda kwevavengi. The problem is you dont realize you are lifting him up with your false stories because you are FOOLS. Leave those offices for younger generations YOu are now ancestors because of your age. Endai kune vamwe venyu

Jeremiah - 3 December 2016

Magaya Magaya everyday. Heeee Magaya this Magaya that. NONSENSE Magayiwa naMagaya kkkkkkkkkkkkkk. Hamusikurara kudzimba dzenyu isu tinongosekerera nyaya dzenyu dzichingobondera. Dzokerai kwamakabva. Leave PWM alone

TAKUDZWA - 3 December 2016

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