The Law is above spiritual suspicions, Magaya told as new prosecutor bid collapses

By Courts Writer   

The National Prosecuting Authority of Zimbabwe (NPAZ) has rejected a request by Walter Magaya to remove chief prosecutor Tendayi Shonhayi from handling his rape trial, dismissing allegations that she was acting on behalf of a rival church as “without substance.”

In a statement issued Wednesday, the NPAZ said Prosecutor-General Loice Matanda-Moyo conducted a review after Magaya’s lawyers, Rubaya and Chatambudza Legal Practitioners, formally sought Shonhayi’s recusal from the prosecutorial team.

Magaya, founder of Prophetic Healing and Deliverance (PHD) Ministries, had accused the prosecutor of bias, alleging she was a member of Emmanuel Makandiwa’s United Family International Church (UFIC) and was “doing the bidding for her own Papa.”

But the NPAZ said investigations found no evidence supporting claims of prosecutorial impropriety.

“The allegations are without substance and were made without any cogent evidence,” the authority said, adding that the complaint was based largely on alleged rivalry between Magaya and Makandiwa.

The Prosecutor-General reiterated that, under the constitution and the National Prosecuting Authority Act, prosecutors operate independently and are not subject to direction or control by any individual or institution when performing their duties.

“Decisions relating to the conduct of prosecutions are made strictly in accordance with the law, the evidence available, and the public interest,” the statement said.

As a result, the NPAZ concluded there was no lawful basis to remove Shonhayi from the case.

The NPAZ said Magaya’s legal team had been formally notified of the decision.

Shonhayi was notably absent from the prosecution team during Magaya’s court appearance on Wednesday as he made an application for a referral to the Constitutional Court. Magaya is fighting a magistrate’s ruling that his rape accusers testify via video link instead of facing him in open court.