PROPHETIC Healing and Deliverance Ministries founder Walter Magaya has approached the Constitutional Court seeking to stop his rape prosecution from proceeding to trial.
Magaya argues that the prosecution is acting unlawfully and intends to rely on what his lawyers describe as “fabricated” evidence.
His defence team, led by lawyer Everson Rubaya, alleges that the investigating officer and prosecutor altered the original statement of an Ireland based witness after it allegedly failed to explain how the alleged rape occurred.
The defence also questioned the State’s decision to continue with the case despite one complainant reportedly withdrawing her charges.
“To do so is not an exercise of lawful authority but a hollow performance masquerading in the name of the law,” Rubaya said in court papers.
The State dismissed the application as “frivolous and vexatious”, arguing that it is an attempt to delay trial proceedings.
Appearing for the State on Friday, Chief Director, assisted by Shonhayi, argued that the Prosecutor General operates independently and has sole authority to decide who should be prosecuted.
The prosecution said concerns over evidence can be addressed during trial through cross examination.
Rubaya argued that the Prosecutor General’s independence does not place the office beyond constitutional scrutiny and that any aggrieved citizen has the right to seek legal recourse.
The defence further argued that a rape prosecution relies on three elements namely the complainant, the first report after the alleged offence and medical evidence.
“Without the complaint, the charge collapses. While the State enjoys the prerogative to prosecute, it cannot lawfully proceed when it has lost both the complaint and its sole witness,” Rubaya said.
The defence also alleged that prosecutors are withholding medical evidence and refusing to release DNA test results allegedly obtained from Magaya while he was in custody.
Lawyers argued that proceeding without medical affidavits would amount to abuse of court process.
A magistrate is expected to rule on the application on 29 May 2026.
Magaya, founder of PHD Ministries, remains one of Zimbabwe’s most controversial religious figures. He has previously faced criticism over claims linked to “anointed” products, medical cure announcements and allegations of exploiting vulnerable followers. He has repeatedly denied the allegations.
