Judul : Magaya Seeks Release from Detention at High Court
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Magaya Seeks Release from Detention at High Court
The founder of Prophetic Healing and Deliverance (PHD) Ministries, Walter Magaya, has gone to the High Court asking for a reconsideration of a magistrate's ruling that put him in custody, claiming his imprisonment was against the constitution and "a serious error in justice."
In his application submitted via Rubaya and Chatambudza Legal Practitioners, Magaya named Harare regional magistrate Marewanazvo Gofa and the Prosecutor-General of Zimbabwe as respondents, alleging that the lower court acted "without jurisdiction" following his detention past the 48-hour constitutional limit before appearing in court.
"The 1st Respondent's choice to consider an application for the Applicant's release on remand is so clearly illogical and extremely unreasonable that no reasonable court... would reach such a conclusion," Magaya stated in his initial affidavit.
He contended that according to Section 50(3) of the Constitution, anyone held for more than 48 hours "must be released right away" and cannot face additional remand processes. "Must means must," he emphasized. "The expression 'must be released immediately' is not just advisory but mandatory, establishing a constitutional duty that leaves no room for judicial flexibility."
Magaya is being charged with five instances of rape and thirteen cases of fraud.
He stated that the State had admitted in court that he was held past the legal time limit, but Magistrate Gofa still decided to keep him in custody. "This violation is not a matter of speculation," he said. "It is a fact supported by the clear and unambiguous admission from the State Counsel for the 2nd Respondent."
He characterized his arrest on November 1 as "very concerning," stating that "a significant group of well-armed police officers surrounded him while he was praying."
Magaya alleged that the magistrate had "boldly undermined" the Constitution by deciding that his course of action should be to seek compensation instead of being set free, cautioning that this approach "reverts the criminal justice system to the Lancaster House Constitution."
By converting this explicit constitutional directive into just a stepping stone for civil lawsuits, the 1st Respondent essentially altered the public's intent as stated in the Constitution," he remarked. "If left unaddressed, this arbitrary violation of freedom will spread... encouraging police officers to see themselves as independent authorities.
The clergyman also criticized the magistrate's use of the Agripa Mloyi v The State case, claiming it was "completely irrelevant" and that she overlooked the more pertinent Panganai Davison Madondo v The State ruling.
Magaya also alleged that the Zimbabwe Gender Commission was fabricating accusations against him via a public advertisement seeking reports of rape. "The individuals who later filed complaints... only appeared following this public call," he stated.
In his proposed order, Magaya aims to have the magistrate's decision from November 4, 2025, overturned and for him to be "released from detention" on all allegations of rape and fraud.
He claims that the High Court's involvement is essential to stop "ongoing breaches" of his constitutional rights. "The idea that you cannot build on nothing, as it will fall apart, holds just as true in this case," Magaya stated.
He is represented by Admire Rubaya, Everson Chatambudza, and Advocate Sylvester Hashiti.
The issue remains pending.
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