Rape-accused Prophet Magaya fights for trial in open court as State pushes for Victim Friendly Court

Walter Magaya’s rape trial opened on Friday with his lawyer Admire Rubaya mounting a fierce challenge against the State’s bid to have the matter heard in the Victim Friendly Court (VFC), insisting that justice must unfold in an open court.

The ruling by Esthere Chivasa is expected this afternoon.

Prosecutor Clemence Chimbari, representing the State, applied for the trial to be moved into the VFC.

“We apply that the case be heard in the VFC. The witnesses have gone through quite a lot, mentally, emotionally, and therefore it will not be in the interests of justice and good mental health of the witness to testify in an open court,” he said.

He added that some witnesses had expressed reservations about being in direct contact with the accused and argued that they required protection.

Chimbari said there were six witnesses, with only those classified as vulnerable expected to use the VFC.

Rubaya immediately opposed the application, accusing the State of making emotional claims without evidence. He argued that Chimbari was not qualified to make psychological assessments.

“Chimbari is not a doctor and not qualified to tell the court that the witness has emotional stress,” he said. He accused the prosecution of expecting the court to accept its assertions blindly.

“The State believes they are cousins of the court, they have come to you without anything except their word of mouth. They have said a lot has happened. What is a lot? We are not prophets. The State ought to place cogent evidence which confirms that these witnesses are vulnerable, affected mentally and ernotionally.”

He questioned why the State had not presented reasons behind claims that some witnesses feared direct contact with Magaya. “It is our considered view that the witnesses’ alleged reservation to be in direct contact with the accused… the court needs to know the reasons,” he said.

Rubaya suggested that the court could interview the witnesses privately, as allowed by law, to determine their preferences before deciding on VFC usage. “What if the witnesses say they want to face the person who raped us?” he asked. “Even the accused wants to face the people who are accusing him of rape. How are we going to measure the demeanour of those witnesses if there will be an intermediary?”

He emphasised that all the complainants were adults. “No one is below the age of 18. It is very critical for this court to accept that it is very easy to raise allegations of rape against an individual but very difficult to sustain them, moreso in circumstances of this nature,” he said.

Rubaya also accused the State of inconsistency, saying it had previously publicised details of the allegations before shifting to demand a protected environment.

“From the day this accused person was arrested, the State has been dealing with this case in an open court. They have been churning out statements on social media, articulating details on how the accused committed these offences. The accused was vilified on social media, putting details there. Now they are somersaulting,” he said.

He reminded the court that a protection order for witnesses already existed and had been complied with. “A fair trial starts now,” he said, warning that “this is a matter that cannot be dealt with in secrecy. Justice should be dispensed in a manner which gives the public confidence in the justice system of the country.”

Magaya is facing four rape charges involving adult congregants from Harare and Chegutu, with the trial set to run from February 16 to 19.

The State alleges the incidents occurred between 2016 and 2023 at various locations and maintains that the encounters were non-consensual.

The court is expected to deliver its ruling this afternoon. *_-NewZimbabwe_*

3. *Government gazettes Constitutional Amendment Bill that will extend Mnangagwa’s term of office*

Government has gazetted the controversial Constitutional Amendment No. 3 Bill that seeks to extend President Emmerson Mnangagwa’s second term by two years and change the way Zimbabwe has been electing a state leader since independence.

This officially kick-starts the lawmaking process.

The Bill, which also seeks to extend Parliamentary terms to seven years from five, has mounted pressure on Mnangagwa who is on record declaring that he will neither extend his stay in power or maneuver his way into sitting beyond his constitutionally mandated stay.

Constitutional Amendment No. 3 Bill, widely believed to be a creation of exiled former cabinet minister Jonathan Moyo, was presented to Mnangagwa and his ministers last week. All proposed provisions were approved.

Building on Zanu PF’s Resolution No. 1 that seeks to extend Mnangagwa’s stay up to 2030, the bill is said to be an attempt at aligning the Zimbabwean constitution with those of other African countries that are “effective, resilient, and widely respected.”

“This Bill introduces a set of constructive reforms that, taken together, reinforce constitutional governance, strengthen democratic structures, clarify institutional mandates, and harmonise Zimbabwe’s constitutional order with tested and successful practices in other progressive jurisdictions,” reads the memorandum published in the Government Gazette.

“It must be reiterated that many of the reforms incorporated into this Bill align Zimbabwe with contemporary African constitutional standards that have proven to be effective, resilient, and widely respected.”

Mnangagwa reportedly went against advice from his deputy Constantino Chiwenga and the Central Intelligence Organisation (CIO) by giving justice minister Ziyambi Ziyambi authority to move forward with its drafting and presentation.

Opposition figures such Nelson Chamisa, Tendai Biti who now leads the Constitutional Defenders Forum (CDF), academics Justice Mavedzenge and Musa Kika have all trashed it.

Other than lengthen Parliamentarians and the President’s stay, Constitutional Amendment No. 3 will take from the Zimbabwe Electoral Commission (ZEC) power to handle delimitation and authority over the voters’ roll.

It is quiet on Section 328 of the Zimbabwean Constitution which speaks to its amendments, who benefits and how it is done.

Parliament will now call for a 90-day period of public debate, after which the Bill will be tabled. *_-NewZimbabwe_*