Prosecutors Seek Court Order to Force Plea from Zimbabwean Pastor in Rape Case
Prosecutors in Zimbabwe have asked a Harare court to compel Prophet Walter Magaya, founder of Prophetic Healing and Deliverance (PHD) Ministries, to formally plead to rape charges. The National Prosecuting Authority (NPA) alleges Magaya has engaged in a pattern of “frivolous and vexatious” court applications deliberately stalling the commencement of his criminal trial.
In an application filed at the Harare Regional Magistrates Court, the State argues that Magaya has devised a “spurious stratagem” to frustrate the legal process and protect witnesses. Prosecutors cite the Criminal Procedure and Evidence Act, which mandates that an accused person must answer to a charge once it is formally read in court. They contend that no individual can circumvent this requirement through repeated pre-trial motions disguised as assertions of the right to a fair trial.
The application underscores the prosecutorial discretion inherent in Zimbabwe’s adversarial justice system. It states that the Prosecutor General, through the NPA, holds the constitutional authority to decide on prosecutions and charges, a decision made following police investigations into the allegations against Magaya. The State asserts that no specific prosecutorial error has been proven by the defence; instead, the accused has resorted to “piecemeal court applications” despite what prosecutors describe as a prima facie case.
A central argument in the State’s submission is the detrimental impact of prolonged delays. Prosecutors warn that such tactics inflict harm on the justice system’s credibility and impose a “huge financial burden.” Crucially, they highlight the secondary trauma experienced by witnesses who are kept in legal limbo. For alleged victims of sexual offences, the State argues, the right to security and protection from “overlong subjection to the vexations” of a pending trial is paramount. Delays, they note, can lead to stigmatisation, loss of privacy, and severe stress for victims.
The prosecution further contends that both victims and the broader community have a legitimate interest in the prompt resolution of criminal matters. “All members of the community are thus entitled to see that the justice system works fairly, effectively and with reasonable dispatch,” the application reads.
Should Magaya refuse to enter a plea, the State requests the court to invoke legal provisions allowing a plea of not guilty to be entered on his behalf, thereby enabling the trial to proceed. The matter remains before the Harare Regional Magistrates Court, with the prosecution’s motion dated March 11, 2026, seeking to end what it calls a calculated obstruction of justice. The case is being closely watched as a test of the judiciary’s ability to manage high-profile trials and balance procedural rights with the imperative for timely justice.
