The Harare Regional Magistrates’ Court has ruled that the criminal trial of PHD Leader Walter Magaya will move forward after dismissing an application by his defence team to refer constitutional questions to the Constitutional Court.
Magaya is currently facing four counts of rape, with the case being heard before the regional magistrates’ court in Harare.
Before the trial began and prior to the accused entering his plea, the State requested that witnesses be allowed to testify in camera, meaning the proceedings would be held in a closed court session. Prosecutors argued that this step was necessary to protect the privacy and dignity of the complainants, given the sensitive nature of the allegations.
However, Magaya’s defence team opposed the request, arguing that holding proceedings in camera could violate the accused’s constitutional right to a public trial. After considering submissions from both sides, the court ruled in favour of the State and allowed witnesses to testify in closed court.
Following that ruling, the defence filed an application under Section 175(4) of the Constitution of Zimbabwe, seeking to have the constitutional questions arising from the in-camera decision referred to the Constitutional Court for determination.
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The State opposed the application, arguing that the request did not raise a legitimate constitutional issue requiring the intervention of the Constitutional Court.
After reviewing the arguments, the magistrates’ court concluded that the application did not meet the legal threshold necessary for referral.
“The request to refer the matter to the Constitutional Court lacks merit and does not raise a genuine constitutional question,” the court ruled while dismissing the application.
As a result, the dismissal clears the way for the criminal trial to proceed before the Harare Regional Magistrates’ Court under the earlier order allowing witnesses to testify in camera.
“The matter will now proceed to trial where the State is expected to present its evidence on the four rape charges,” the National Prosecuting Authority of Zimbabwe confirmed.
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