High Court Halts Walter Magaya Rape Trial After Urgent Court Challenge
Reported by: Sona Headlines Editorial | Date: March 13, 2026 | Focus: Judicial Review
In a stunning legal reversal, the High Court has stepped in to block a Harare magistrate from continuing with the rape trial of Prophetic Healing and Deliverance (PHD) Ministries leader Walter Magaya, just days after his bid to have the matter referred to the Constitutional Court was thrown out.
High Court judge Justice Tawanda Chitapi, on March 12, 2026, granted a temporary stay of proceedings, effectively freezing the case that was scheduled to continue before Magistrate Estere Chivasa. The ruling follows an urgent chamber application filed by Magaya’s legal team challenging the decision to hold the trial in a Victim Friendly Court (VFC).
Judge Halts Trial Pending Review
Justice Chitapi ordered that the proceedings involving four complainants cannot move forward until the High Court has fully determined Magaya’s review application challenging the magistrate’s ruling.
Proceedings Frozen
“The proceedings in the Magistrates Court in Case Number CRB HRE R 139/26 are temporarily stayed pending the determination of the application to review those proceedings filed before this court in Case Number HCH 953/26 on 27 February 2026,” Justice Chitapi ruled.
Strict Legal Timeline
The judge set out a strict timeline, requiring respondents, including Magistrate Chivasa and the Prosecutor General, to file their responses by March 13. Magaya’s reply is due by March 20, and both parties must submit their heads of argument by early April.
"That is not adjudication; that is abdication"
Represented by lawyers Everson Chatambudza and Admire Rubaya, Magaya is not only challenging the Victim Friendly Court ruling but also seeking the magistrate’s complete removal from the case, requesting a fresh start in open court.
Attack on Magistrate's Decision
In his court papers, Magaya launched a blistering attack on Chivasa’s decision-making. He stated: “The 1st Respondent openly confessed to relying on the State outline, a document of mere allegations, and to ‘believing’ the State Counsel’s word without independent verification, without interviewing the witnesses herself, and without any evidentiary foundation.”
A Grave Miscarriage
He added: “This is the flimsy basis upon which the 1st Respondent ordered that my trial be held in a Victim Friendly Court. That is not adjudication; that is abdication. It is shocking, profoundly disturbing, constitutionally reckless, and a grave miscarriage of justice.”
Dismissals & Withdrawals
The High Court’s intervention came just one day after Magistrate Chivasa dismissed Magaya’s application to refer the matter to the Constitutional Court, ruling that the VFC was necessary to protect vulnerable witnesses.
Simultaneous Rulings
Chivasa proceeded to deliver her ruling even as the High Court was simultaneously hearing Magaya’s urgent chamber application, arguing that the High Court proceedings had no bearing on her immediate decision.
The Second Case & "Fixing" Agenda
In a separate case before Magistrate Francis Mapfumo, Magaya is pursuing another ConCourt referral involving three complainants. He alleges persecution by the National Prosecuting Authority (NPA), stating one accuser submitted an affidavit of withdrawal. Chief public prosecutor Foelane Muronda countered that the withdrawal letter is still undergoing administrative processing.
The Sona Headlines Verdict
Procedural Tug-of-War
The case is a textbook example of complex legal maneuvering. The simultaneous proceedings—where a magistrate delivers a ruling while the High Court reviews the same matter—highlight the intricate layers of Zimbabwe's judicial system and Magaya's determination to exhaust every legal avenue to challenge his prosecution.
The Victim Friendly Court Debate
At the core of this delay is the tension between protecting alleged victims and the accused's rights. The use of a Victim Friendly Court is meant to shield vulnerable witnesses, but Magaya's defense argues it was granted on "flimsy" grounds, compromising his right to an open, verifiable trial.
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