Prophet Magaya To Stay In Jail As Magistrate Refuses To Entertain Bail
Prominent preacher Prophet Walter Magaya will remain in custody after a Harare magistrate refused to entertain his bail application, ruling that the court had no jurisdiction to hear the matter. The decision comes amid mounting legal troubles for the Prophetic Healing and Deliverance (PHD) Ministries founder, who faces 13 counts of fraud and five rape charges.
Bail Application Dismissed In Lower Court
Harare regional magistrate Marewanazvo Gofa dismissed Magaya’s application on Tuesday, 4 November 2025, saying her court could not legally process bail for the rape cases. She advised Magaya to approach the High Court for relief.
“The court has no jurisdiction to entertain the bail application on rape charges,” Magistrate Gofa said.
“The accused will be remanded in custody to November 13.”
The decision halted the preacher’s immediate bid for release. A separate bail hearing for his wife, Tendai Magaya, who was arrested alongside him, continued in the same court.
Magaya’s Lawyers Argue Over-Detention
Magaya’s legal team, led by Admire Rubaya, Advocate Sylvester Hashiti, and Everson Chatambudza, had also mounted an application for his immediate release, arguing that he and his wife had been detained beyond the constitutionally required 48 hours.
They claimed that the couple was arrested early on Saturday, 1 November 2025, and should have been released by 5 a.m. on Monday, yet remained in custody until Tuesday morning.
“Our clients were arrested during a dawn raid at 5 a.m. and held well beyond the 48-hour limit allowed by law,” argued Rubaya.
“They should have been released unconditionally.”
However, Prosecutor Clement Chimbare opposed the argument, insisting that while the Constitution provides remedies for unlawful detention, it does not automatically invalidate criminal charges.
“The law allows accused persons to approach the Constitutional Court for damages or compensation whenever they feel their rights have been violated,” said Chimbare. “It does not absolve them of alleged wrongdoing.”
Magistrate Gofa sided with the State, ruling that the over-detention argument did not justify the couple’s release at this stage. The ruling meant Magaya would remain behind bars until the High Court hears his bail application.
Fraud And Rape Allegations Unfold
As reported by H-Metro, Magaya’s legal woes stem from a multi-million-dollar housing project that prosecutors say defrauded PHD congregants and members of the public. The State alleges that from 2016 onwards, Magaya and his wife misled investors through their companies — Planet Africa (Pvt) Ltd and Yadah Connect — claiming ownership of various plots of land in areas such as Chishawasha, Norton, Westgate, Ruwa and Mutare.
Prosecutor Clement Chimbare told the court that Magaya allegedly misrepresented himself as the owner of New Donnington Farm in Norton, which in fact belongs to former Reserve Bank Governor Gideon Gono.
The State alleges that investors and congregants lost a combined total of approximately US$49,000 (R920,000) and R195,000 in payments for housing projects that never materialised.
Prosecutors also confirmed that the five rape charges will be handled separately and in camera due to their nature, with journalists ordered out of the courtroom during discussions.
Next Steps In The Legal Process
Following Tuesday’s ruling, Magistrate Gofa directed Magaya to take his bail plea to the High Court, a process expected to be lengthier and more complex. She remanded the 41-year-old clergyman in custody until 13 November 2025.
His co-accused, including his wife Tendai and company representative Tatenda Chinguwo, remain in custody pending further proceedings.
