Magaya Seeks Constitutional Court Referral Over In-Camera Rape Trial

Walter Magaya is expected to file his application for referral to the Constitutional Court of Zimbabwe on Tuesday, following the State’s request to have his rape trial heard in camera.

The case involves allegations from four complainants, all of whom accuse Magaya, a self-styled prophet, of raping them at his Yadah Hotel.

On Monday, prosecutor Chrispen Chimbare successfully applied for the trial to be conducted in private, arguing that the witnesses are vulnerable and cannot testify in an open court. Said Chimbare:

“The State intends to make an application for the matter to be moved to the victim-friendly court.

“The complainants, who are supposed to testify in this court, are vulnerable witnesses; a lot has been happening, and they have been going through a lot emotionally and mentally.

“It wouldn’t be in the interests of justice and their good mental health to testify in an open court.

“Further, some of the witnesses have expressed their reservations about direct contact with the accused.

“Therefore, for the sake of the proper administration of justice, it’s the State’s position that the court affords these witnesses the protection that they require.”

In response, acting for Magaya, lawyers Admire Rubaya and Everson Chatambudza opposed the application. Said Rubaya:

“We are vehemently opposed to the application because what qualifications does Chimbare possess to be able to reliably tell this court that the witnesses are emotionally distressed? He is not a psychologist.

“The State has come to you with nothing, and they are making bold claims that the witnesses are vulnerable, yet they ought to place reasonable evidence before this court that the witnesses are distressed.

“The State thinks they are cousins of the court, yet the court ought to know the reservations the witnesses have; the court can interview the witnesses.

“The women being said to be vulnerable are old ladies in their 20s and 30s, not one of them is under the age of 18.

“The State is somersaulting to have the trial heard in secrecy as if it’s some African ritual, yet they were producing statement after statement vilifying Magaya on social media.

“No basis has been laid down as to why the matter should be heard in camera.”

Harare Regional Magistrate Estere Chivasa ruled that the State did not need to provide tangible evidence showing that the witnesses were distressed.

She said that, based on the State’s outline, the simple assertion that the witnesses had reservations about testifying in open court was sufficient to approve the application.

Following the ruling, Magaya has applied to have the matter referred to the Constitutional Court of Zimbabwe to determine whether it is constitutional for the case to be heard in camera under the circumstances.

Magaya is expected to give his testimony in the referral application on Tuesday.

More: The Herald