Magaya queries PG's decision

HARARE - Prophetic Healing and Deliverance Ministries founder Walter Magaya has queried the prosecutor general’s decision to continue and try him over rape charges although the complainant has asserted that she falsely accused the popular cleric.

This comes after prosecutor Michael Mugabe attempted to indict Magaya for trial at the High Court amid indications even after the complainant wanted to withdraw the matter because she had lied about the rape case.

Subsequently, on December 1 the woman wrote to the National Prosecuting Authority questioning why they would not acknowledge that she confirmed the complaint to be false and did not wish to pursue the case.

In an affidavit supporting Magaya’s application for referral of the matter to the constitutional court filed yesterday, he claimed that his rights to liberty had been infringed on by the State’s intention to force him into trial over false charges.

Magaya made reference to contents of the complainant’s first withdrawal affidavit which was found slipped under then presiding magistrate Vakayi Chikwekwe’s door.

“In the face of that withdrawal, itself a clear indication by the complainant that she did not wish to testify, and taking into account the fact that no trial could proceed without her evidence all the circumstances considered, I was surprised to learn that the state was still bent on proceeding with the trial,” Magaya said.

“Before the 30th of November 2016, the complainant wrote 2 other affidavits notwithstanding the clarity with which the complainant sets out her position, the state still decided that it would not give any heed to her.

“The confusion afflicting the state is common but simple. It is a complainant who comes up with a complaint. It is the state that comes up with a charge. The charge is however, founded upon the complaint. Without the complaint a charge is invalid.”

Although, Chikwekwe previously ruled that the State had the sole constitutional mandate to bring an accused person to court and that the complainant had no powers to influence decisions, Magaya contends that it would not be reasonable to proceed without a complainant.

“Whilst the state has the prerogative to charge and cannot be directed by anyone in doing so, it does not have the right to proceed when it has lost both the complaint and its sole witness,” Magaya added.

“The exercise aborts. Any decision to proceed is not on the authority of the law though it may be presented in the name of the law.

“I submit that the state’s intentions are tainted. The state is in pursuit of nothing legal. It seeks to involve the criminal justice system in moral defilement. This in my submission would compromise the integrity of the criminal justice delivery system and would dishonour the administration of justice.”
Magaya then cited Sections 56(1), 56(1), 69(1), 49(1) (b) and 70(1) (b) which guarantee his rights to a fair judicial process.

“I submit that the issues that I raise are serious and warrant the grant of relief upon their consideration. The relief they entitle me is an immediate cessation of this unconstitutional process.

“The raising of the issues is consequently not frivolous and vexatious.”

Comments (8)

Magaya obviously threatened the complainant so that she could withdraw the rape charges or he handsomely paid her big money which was too much to resist,or both.Why i say so is because it is just weird that a person can just wake up one day and go to the police to report that someone has raped her without a shred of evidence?Or worse still when the two have never had an affair?Or even worse when the allegedly victim knows fully well that any false accusation may backfire with serious consequences especially when dealing with someone endowed with resources like Walter. Magaya thought

Janana wa Bikaz - 6 December 2016

Magaya thought that by forcing her to withdraw the charges,the case would just die a natural death,otherwise why is he so much afraid of defending himself?Why is scared of standing in the defence box.There seem to quite a big can of worms at the back of it!

Janana wa Bikaz - 6 December 2016

Although I do not support Magaya, and also suspect that he influenced the complainant, its still a fact that in this case where there is one witness, the case will die a natural death. Who will stand for the state?

Rangwani - 6 December 2016

if in deed magaya did not RAPE that woman why on earth does he want her to go scortfree or was this another stunt by the MAN OF GOD

justsaying - 6 December 2016

So Magaya is querying the PG's insistence to prosecute him. There is evidence of him (Magaya) having made an out of court settlement with the woman he bonked without bona fide invitation/application.

Mukanya - 6 December 2016

That victim lady must me arrested already for making a false report. She must get a custodial sentance of not less than two years. The justice system should draw a line that it can't be used as a play ground by extortionist victims of all form of crimes. Someone must do the time, the state resources are few and over stretched to the limit. Which commissioner of oaths signed that withdrawal affidavit that gets up being smuggled into offices, and now the same magistrate is retired/resigned. An acquittal after trial would have give magaya a clean outcome, This withdrawal cheap route is admission of guilty in the public court and it leaves permanent scar.

X-MAN IV - 6 December 2016

You raped me pastor and then you paid me $1 000 000.00 to with drawal my matter

RAPE - 6 December 2016

are yu sure that magaya raped yu rape n gave yu $1000 000 to withdraw

Lodza - 6 December 2016

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