Trial Standoff: NPA Moves to Compel Walter Magaya’s Plea Amid Constitutional Challenge

Official seal of the National Prosecuting Authority of Zimbabwe (NPA) representing the State's case

Harare, Zimbabwe- The National Prosecuting Authority (NPA) has filed a formal application at the Harare Regional Magistrates’ Court to compel Prophetic Healing and Deliverance (PHD) Ministries founder, Walter Magaya, to finally enter a plea in his ongoing rape trial. The State’s move, confirmed on Thursday, comes after a series of procedural delays that prosecutors have labeled as "frivolous and vexatious." Magaya currently faces six counts of rape, involving three primary complainants.

Relying on Section 168 and Section 182 of the Criminal Procedure and Evidence Act, the NPA contends that Magaya’s legal strategy is designed to frustrate the judicial process.

• Victims' Rights: The prosecution argues that witnesses and alleged victims have a "legitimate expectation" that trials proceed within a reasonable timeframe.

• Justice Denied: The NPA asserts that the continuous filing of interlocutory applications has effectively "blocked" the commencement of the trial, denying justice to both the survivors and the State.

Simultaneously, Magaya has applied for the case to be referred to the Constitutional Court, raising serious allegations of misconduct against the State.

Key Points of the Constitutional Challenge:

1. Withdrawn Testimony: Magaya relies on an affidavit from one complainant who reportedly no longer wishes to testify. He argues a criminal charge cannot exist without a willing complainant.

2. DNA Procedures: He alleges his rights were violated when authorities moved him from Harare Remand Prison to Parirenyatwa Hospital for DNA sampling without his legal counsel present. He further claims results have been withheld, hindering his defense.

3. Witness Statement Alteration: Magaya accuses prosecutors of illegally amending a witness statement from a complainant based in Ireland, a task he argues belongs solely to the police.

Magaya maintains a consistent denial of all six charges, framing the prosecution as a violation of his rights to equality, liberty, and a fair trial. The court must now decide whether to grant the NPA’s request to compel a plea or allow the matter to escalate to the Constitutional Court for a determination on the legality of the proceedings.

Walter Magaya rape trial March 2026