NPA Rejects Magaya's Bid to Remove Prosecutor in Rape Trial

 

Dear Readers,

I wanted to send a detailed update regarding the high-profile case involving Walter Magaya, the founder of Prophetic Healing and Deliverance (PHD) Ministries.

The National Prosecuting Authority of Zimbabwe (NPAZ) has officially rejected a formal request by Magaya’s legal team to remove chief prosecutor Tendayi Shonhayi from his ongoing rape trial. The request for recusal was formally submitted by Magaya’s lawyers, Rubaya and Chatambudza Legal Practitioners, following Magaya's accusation that prosecutor Shonhayi was acting with bias due to alleged links to a rival church, Emmanuel Makandiwa’s United Family International Church (UFIC).

In a statement issued on Wednesday, the NPAZ was unequivocal in its rejection, stating: “The allegations are without substance and were made without any cogent evidence.” The authority added that the complaint was based largely on alleged rivalry between Magaya and Makandiwa, which did not constitute a legal basis for recusal.

The NPAZ confirmed that Prosecutor-General Loice Matanda-Moyo conducted a review of the matter. The Prosecutor-General's office reiterated the fundamental principles guiding their work, emphasizing that "Decisions relating to the conduct of prosecutions are made strictly in accordance with the law, the evidence available, and the public interest,” as enshrined in the constitution and the National Prosecuting Authority Act.

As a result of their findings, the NPAZ concluded there was no lawful basis to remove Shonhayi from the case and confirmed that Magaya’s legal team had been formally notified of the decision.

In related trial news, although the NPAZ affirmed her role, Shonhayi was notably absent from the prosecution team during Magaya’s court appearance on Wednesday. This appearance focused on an application for a referral to the Constitutional Court. Magaya is currently fighting a magistrate’s ruling that his rape accusers be allowed to testify via video link instead of facing him in open court, an issue separate from the recusal application but part of the broader legal battle.