The National Prosecuting Authority of Zimbabwe has approached the Harare Regional Magistrates’ Court seeking an order to compel Walter Magaya, founder of Prophetic Healing and Deliverance Ministries, to enter a plea in a rape case he is facing.
In a statement released on Thursday, the prosecution said the application was filed under Section 168 read with Section 182 of the Criminal Procedure and Evidence Act.
According to the State, several court applications filed by Magaya have delayed the start of 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 said.
It added that the applications were frivolous and had resulted in unnecessary delays, affecting the progress of the case and prolonging the resolution of the matter for alleged victims, witnesses and the State.
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The prosecution argued that victims of crime and society at large have a legitimate expectation that criminal cases should be concluded within a reasonable time.
Magaya is facing six counts of rape. However, his latest application focuses on three complainants, for whom he is seeking to have the matter referred to the Constitutional Court of Zimbabwe.
He alleges prosecutorial misconduct, irregularities in the handling of DNA evidence and violations of his constitutional right to a fair trial.
Magaya has denied the allegations and maintains that the charges are unfounded. His application relies partly on an affidavit from one complainant who says she no longer wishes to testify.
Magaya also claims that prosecutors improperly amended a witness statement from another complainant based in Ireland and argues that altering statements is the responsibility of police investigators rather than prosecutors.
He further alleges that he was taken from Harare Remand Prison to Parirenyatwa Hospital for a DNA test without his lawyers present and against his will. He says the DNA results have not yet been disclosed to him, which he argues makes it difficult to prepare his defence.
Through his application, Magaya is asking the magistrate to refer constitutional questions to the Constitutional Court on whether the prosecution violates his rights to equality before the law, liberty and a fair trial.
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