By Judith Nyuke
Prophet Walter Magaya, leader of Prophetic Healing and Deliverance (PHD) claims that the fabricated rape cases brought against him are part of a calculated ploy designed to destroy both him and his church.
He made the statement in his bail application which High Court Judge Justice Gibson Mandaza granted on the condition that he pay US$3 000 and surrender his title deeds and passport.
Magaya denied all the allegations, describing them as “false fabrications” initiated by the Zimbabwe Gender Commission which he claims misused its powers to force the two complainants into concocting various claims against him.
In his application, Magaya’s lawyers Admire Rubaya, Everson Chatambudza, and Advocate Sylvester Hashiti asserted that the Zimbabwe Gender Commission is misusing its powers and engaged in a “clear and brazen abuse” of the criminal justice system.
He claimed the Zimbabwe Gender Commission is aiming to be seen as working for the rights of women by deliberately causing his arrest and prosecution which he contends are not justified, calling their actions “grandstanding and playing to the cameras.”
“The Applicant (Walter Magaya) is, in fact, the victim of a calculated campaign. This ploy appears designed to create a public spectacle of efficiency for the Commission, achieved only through the wholesale vilification and character assassination of the Applicant. The Applicant is a casualty of institutional overreach and malign intent.”
Magaya denied sleeping with the alleged victims, and his lawyers argued that the Zimbabwe Gender Commission is abusing its power and making the reports non-voluntary by coercing complainants through public advertisements.
“The Applicant denies that he unlawfully and intentionally had sexual intercourse with the alleged complainants in the manner alleged or at all.
“The State has no valid and admissible complaints relating to the rape allegations in that these complaints were allegedly lodged consequent to adverts flighted in the mainstream print and digital/electronic media to the effect that those that had allegedly been abused by the Applicant could go to the Gender Commission to lodge complaints.
“It should have emanated from the complainant unsolicited by adverts whose contents were designed for the complainants to simply say they were raped by the Applicant,” part of the application read.
He alleged that his detractors are engaged in a relentless effort to destroy him and his ministry.
“The complainants in this matter are being abused and misused by the Applicant’s detractors, who are geared to destroy him and his church. The Applicant denies having sexually molested any of the two complainants in the manner alleged or at all, no wonder why none of them lodged any voluntary complaint to a sympathetic witness as expected at law, but rather waited for more than 13 years to lodge a criminal complaint against the Applicant,”
Magaya asserted that he never prevented anyone from lodging a report against him.
“The Applicant denies that he interfered with any of the complainants in making the alleged reports to the police. He does not control the police, and he cannot be persecuted for the alleged conduct of other individuals who are not connected to him,” they argued.
Magaya’s lawyers argued he is being persecuted by detractors with ties to law enforcement alleging the Zimbabwe Gender Commission created a fertile ground for former employees and bitter women with deep hatred for Magaya to unlawfully concoct inadmissible complaints.
