Magaya vs. The State: PHD Boss Pushes for ConCourt Referral in Viral 'Rivalry' Twist
February 18, 2026 • Harare High Court
Faith on Trial. In a stunning legal maneuver that has blurred the lines between the judiciary and the pulpit, Prophet Walter Magaya of PHD Ministries is seeking a referral to the Constitutional Court. Following his release on US$3,000 Bail earlier this February, Magaya’s legal team has launched an aggressive defense, alleging that his ongoing rape trial is being fueled by "church politics." The defense argues that a top prosecutor, allegedly a staunch follower of Prophet Emmanuel Makandiwa’s UFIC, is using the state’s machinery to settle a long-standing "prophetic rivalry"—turning a criminal proceeding into a spiritual battlefield.
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| Magaya vs Makandiwa: PHD Boss Drags UFIC into Legal Battle |
The "dramatic twist" involves Magaya’s fight against a closed-door trial, with his lawyers insisting that the prosecution's Mala Fides (bad faith) stems from their loyalty to a rival ministry. By invoking the Constitutional Court, Magaya is testing the limits of prosecutorial impartiality, claiming his rights to a fair trial are being compromised by religious bias. As the High Court weighs the referral, the public remains captivated by a case where the evidence of the state must now compete with the heavy accusations of a "Holy War" within the legal system.
LEGAL ANALYSIS: A referral to the ConCourt could stall proceedings for months, forcing the highest court in Zimbabwe to decide if an officer of the state's personal religious affiliation can be grounds for recusal.
"She Serves a Rival Church"
In a letter tendered by his lawyers, Messrs Admire Rubaya and Everson Chatambudza, Magaya has written to the Prosecutor General seeking the removal of top prosecutor Tendayi Shonhayi.
Magaya alleges that Shonhayi is a member of the United Family International Church (UFIC), which he describes as a "rival church" to his own PHD Ministries.
The defense did not mince words: “It is our client’s considered view that Ms Tendayi Shonhayi is on a mission... to destroy our client’s church for the benefit of UFIC.”
They further accused her of "doing the bidding for her own 'Papa' Prophet Makandiwa in circumstances where she should be detached from the case."
Constitutional Court Referral
Magaya is fighting an order by Regional Magistrate Estere Chivasa to have the trial heard in camera (private) in a Victim Friendly Court. He argues this violates his right to a fair, public hearing.
He is taking the witness stand today to motivate his application for the matter to be referred to the Constitutional Court.
Magaya argues that the Magistrate relied solely on the State's "say-so" regarding witness vulnerability without conducting an independent interview. He asserts that justice is being "sacrificed on the altar of expediency."
The "Hidden" Affidavit
In a startling claim, Magaya alleges the State hid a withdrawal affidavit from one of the key witnesses.
“The State hid from the court the fact that this particular witness had served them with a withdrawal affidavit... There is a real possibility that the alleged vulnerability is being feigned by the police team,” Magaya stated.
Magaya contends that the witnesses are adults who are not vulnerable. He argues that forcing them to testify through intermediaries is a tactic to mask their "possible hostility" or inconsistencies from the court.
The Legal Road Ahead
Stay updated on the critical maneuvers currently unfolding at the High Court.
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