Prosecutor General removes Tendai Shonhayi from Magaya trial

Magaya's legal team files a recusal request

HARARE — The Prosecutor General has granted a request by Walter Magaya, leader of Prophetic Healing and Deliverance (PHD) Ministries, to remove Harare Provincial Chief Director Tendai Shonhayi from prosecuting his ongoing rape trial, after defence lawyers raised concerns about alleged religious bias.

Recusal granted and courtroom change

Magaya’s legal team, led by Admire Rubaya and Everson Chatambudza, wrote to the Prosecutor General on 17 February, asserting that Shonhayi is a member of the rival United Family International Church (UFIC), headed by Emmanuel Makandiwa. The defence argued that this affiliation would compromise Shonhayi’s impartiality and render the trial unfair. During proceedings today, Shonhayi was absent, and prosecutor Catherine Munyeriwa took over, signalling that the recusal request had been accepted.

Defence allegations of partiality

In their letter, Magaya’s lawyers alleged a pattern of conduct they say demonstrates bias. They claimed Shonhayi pursued a personal agenda against Magaya and his church, citing several examples:

• The decision was made to transfer the matter to the Victim Friendly Unit during recent proceedings.

• An earlier attempt to have a judge recused during bail proceedings at the High Court.

• Allegations that Shonhayi prepared the charge sheet and once attempted to serve court papers that omitted the names of the alleged victims.

The defence maintained that these actions undermined the prosecutor’s neutrality and asked for Shonhayi’s removal to protect the fairness of the trial.

State position and procedural issues

Prosecutors have argued that certain measures, such as in‑camera hearings, were necessary because complainants expressed reservations about testifying in open court while facing the accused. The defence has challenged those measures, contending that testimony given through intermediaries or without direct witness interviews prejudices the accused and raises constitutional questions.

Referral to the Constitutional Court

Magaya’s legal team has also applied to have the case referred to the Constitutional Court, arguing that the magistrate’s decision to hear parts of the case in camera raises constitutional issues. The defence contends the magistrate relied on State submissions without independently assessing witness vulnerability, and that this procedural approach warrants review by the apex court.

The trial will proceed under the new prosecutorial arrangement while the court considers the defence’s application for referral to the Constitutional Court. Both sides are expected to address the procedural and constitutional questions raised as the matter moves forward.

Prosecutor General; Walter Magaya; Tendai Shonhayi recusal 2026