By Judith Nyuke
Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya and his wife, Tendai have been remanded in custody until this Tuesday for a ruling after their lawyer argued they were over detained following their arrest by police on Saturday.
This comes after the couple appeared before Harare magistrate Marewanazvo Gofa charged with fraud.
Arguing that the detention violated the 48-hour constitutional limit defense counsel Admire Rubaya sought the immediate discharge of his clients.
He additionally filed complaints detailing police misconduct.
“Accused 1 and 2 (Magaya and wife) were over-detained. Magaya was arrested at 5am whilst praying in the prayer mountain. He was arrested by over 30 armed police officers.
“Same applies to second accused (Tendai), she has just been arrested because she is Magaya’s wife. She was arrested around 5.30am on Saturday. She was supposed to have been released at least by 5.30 am today but wasn’t. So, the accused are here illegally,” he said
Rubaya further told the court that the two were held incommunicado, effectively denied access to their legal counsel.
“They were not allowed to contact their lawyers. We visited CID Headquarters, where we had been advised they were. We were told they were not there. They were not given access to their lawyers until after 11.30am on November 1, 2025. So, from 5.30 am to 11.30am, they had no access to their lawyers and those constitutional rights were violated,” Rubaya said.
State representative Clemence Chimbari admitted that the two had been over detained lending weight to Rubaya’s argument that their constitutional rights were violated.
“In their mind, they believe it is inconsequential but the Constitution is clear. Even if it is the state, they are obliged to follow the law,” he said.
Rubaya said since the state admitted that the two were over-detained, the court should consider releasing the couple unconditionally.
“It is our submission that you cannot put something on nothing. It will collapse. The state is asking you to put the accused on remand notwithstanding over-detention. It’s no longer an alleged fact but a fact as confirmed by the state,” said Rubaya.
Magistrate Gofa will hand down her ruling Tuesday morning.
Magaya also appeared separately before magistrate Gofa on rape charges.
The case was heard in-camera after the public and journalists were asked to leave.
The charges of fraud name the following as accused: Walter Magaya, Tendal Magaya, Planet Africa (Pvt) Ltd, and Yadah Connect (Pvt) Ltd, both companies being represented for the purposes of this charge by Tatenda Chinguwo.
The State alleges that during the year 2016, Walter acting in connivance with Tendai, Planet Africa and Yadah Connect hatched a plan to defraud PHD Ministries congregants and other members of the public by misrepresenting that they had acquired land in Chishawasha, Norton, Westgate, Fern Valley Mutare, Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame and Nyatsime for building houses for church members and the general public, for farming, for bee-keeping and for Mining projects.
Pursuant to this misrepresentation, in 2016, Walter who is the founder of PHD Ministries at number 1 Sherwood Crescent, Corner Simon Mazorodze, 10A Sherwood Crescent, Waterfalls Harare, held a church service at PHD Ministries.
He preached during a Church Service to the church congregants including the complainants in this matter and was broadcast live on the Church television screens and Yadah Television channel which was accessed by other members of the public who were not members of PHD Ministries.
Walter reportedly misrepresented that he had land available for stands for sale.
During his preaching he announced that God had instructed him that the purpose of giving him land was to assist members of the church and others to build houses He further announced that the project of building houses was to be administered by Planet Africa and Yadah Connect.
He stated that members who were interested were supposed to purchase the stands from Planet Africa paying monthly contributions towards the purchase and Yadah Connect was to build houses for the stands purchased.
The Court heard that accused further misrepresented by advertising mining, farming and bee- keeping projects which they said would assist members in building the houses and encouraged them to invest in these projects which accused one alleged would be run by Yadah Connect assuring them that they will get 50% interest after six months for the mining, farming, and bee-keeping projects.
As a result of the misrepresentation, the complainants believed Walter and developed some interest in the aforementioned projects. During that same year 2016, the complainants made some payments at the church offices.
To keep the defrauded complainants with hope, In 2017, Walter and Tendai acting in connivance approached Dr. Gideon Gono seeking for a farming contract at new Donnington Farms belonging to Dr Gono and he agreed to providing them with land for farming for one season only.
Walter well knowing that he had not acquired any land and taking advantage of the farming contract entered into with Dr. Gono, gathered church congregants who had paid for the stands including the complainants and ferried them to the New Dorninington Farms in Norton and misrepresented that he was the owner of the farm and the farm was ready for allocation of residential stands knowing very well that the farm belonged to Dr Gideon Gono.
The complainants later picked information that the farm they were shown belongs to Dr. Gono and was not on sale.
They then made a report to the Police.
Prophetic Healing and Deliverance Ministries received US$1 600-00, R5 000-00, Planet Africa Private Limited received a total of US$27 300-00, Yadah Connect received US$21 340-00, ZAR190 000-00 ZWD 1 000 and nothing was recovered.
