Harare – The High Court has temporarily stopped the rape trial involving Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya, creating a dramatic pause in the case that was underway at the Harare Magistrates Court.
The order was issued by High Court judge Justice Tawanda Chitapi on 12 March 2026, preventing Magistrate Estere Chivasa from continuing with the proceedings. The decision came after Magaya’s lawyers submitted an urgent application challenging the magistrate’s ruling that the case should be heard in a Victim Friendly Court (VFC).
Trial Suspended While Review Is Considered
Justice Chitapi ruled that the criminal proceedings involving four complainants must be put on hold until the High Court completes its review of the magistrate’s earlier decision.
In his order, the judge directed that the case in the Magistrates Court will remain suspended while the High Court evaluates the application filed by Magaya’s legal team.
The court also set deadlines for the parties involved. Those responding to the application — including Magistrate Chivasa and the Prosecutor General — were instructed to submit their responses by 13 March, while Magaya’s lawyers must file their reply by 20 March. Written legal arguments from both sides are expected to be submitted by early April.
Magaya’s defence team, led by Everson Chatambudza and Admire Rubaya, is seeking more than just a review of the VFC decision. They are also asking the High Court to remove Magistrate Chivasa from the matter entirely and have the case restarted before a different magistrate in an open courtroom.
In documents filed before the court, Magaya criticised the magistrate’s reasoning behind ordering that the trial be held in a victim-friendly setting, arguing that the decision relied too heavily on the prosecution’s outline rather than independent evaluation.
Earlier Bid to Approach Constitutional Court Rejected
The High Court’s intervention followed shortly after Magistrate Chivasa dismissed another request from Magaya’s legal team to refer constitutional issues in the case to the Constitutional Court.
Chivasa ruled that the request did not have sufficient grounds and maintained that the matter should proceed within the Victim Friendly Court framework to safeguard vulnerable witnesses.
She delivered this ruling while the High Court was simultaneously considering Magaya’s urgent application, stating that the proceedings in the higher court did not affect her decision.
Separate Constitutional Application Still Ongoing
Meanwhile, Magaya has also approached another Harare magistrate, Francis Mapfumo, seeking to refer charges involving three complainants to the Constitutional Court.
In that case, the church leader argues that the National Prosecuting Authority (NPA) should reconsider the prosecution after one of the complainants reportedly withdrew her allegations.
During testimony on 12 March, Magaya told the court that his lawyers had received an affidavit indicating that one of the accusers no longer wished to pursue the matter.
He claimed the authorities should review the case in light of that development and alleged that continuing with the prosecution was unfair.
However, the State — represented by chief public prosecutor Foelane Muronda — is opposing the applications. Prosecutors say the withdrawal letter from the complainant is still being processed administratively and does not automatically halt the case.
Case Remains Unresolved
The High Court has not yet announced when it will hear the full review application filed by Magaya. Until that hearing takes place and a ruling is made, the rape trial will remain suspended.
The situation leaves both the prominent cleric and the complainants waiting for the next legal step in a case that has attracted significant public attention.
