Makandiwa’s “Daughter” Remains On Magaya Rape Case

The National Prosecuting Authority (NPA) has dismissed an application by Harare preacher Walter Magaya, who is facing rape charges, seeking the recusal of Chief Director of Prosecutions Tendayi Shonhayi on alleged conflict-of-interest grounds.

Magaya wrote to the Prosecutor-General requesting that Shonhayi be removed from the case, claiming she is a member of the rival United Family International Church (UFIC), led by Emmanuel Makandiwa. He argued that her affiliation could compromise her impartiality.

In a letter placed before the court on Tuesday by his lawyers, Admire Rubaya and Everson Chatambudza, Magaya contended that Shonhayi was conflicted and emotionally invested in the matter, allegedly acting in favour of Makandiwa despite her duty to remain neutral.

Speculation swirled on Wednesday after Shonhayi did not appear in court as part of the State’s team, fuelling unconfirmed reports that the NPA had acceded to the recusal request on religious bias grounds.

NPA spokesperson Angeline Munyeriwa joined the prosecution team alongside Clemence Chimbare, Kudakwashe Chigwedere and Foelane Muronda.

However, in a statement issued later on Wednesday, the NPA said the Prosecutor-General had found no rational or lawful basis to remove Shonhayi from the prosecutorial team, effectively rejecting Magaya’s application. The statement reads:

“The National Prosecuting Authority of Zimbabwe (NPAZ) wishes to inform the public that, following correspondence received from the legal representatives of Mr Walter Magaya, Rubaya and Chatambudza Legal Practitioners, requesting the recusal of the Chief Director of Prosecutions, Ms Tendayi Shonhayi, from the prosecutorial team handling Magaya’s trial, the Prosecutor General conducted a thorough investigation into the veracity or otherwise of reasons proffered for the request.

“The allegations are without substance and were made without any cogent evidence of any prosecutorial impropriety.

“Whilst the complaint is premised on alleged rivalry between Magaya’s church and some named church, the Prosecutor General reiterates that, in terms of the Constitution of Zimbabwe and the National Prosecuting Authority Act, the Prosecutor General and officers of the National Prosecuting Authority are independent and are not subject to the direction or control of any person or authority in the exercise of their prosecutorial functions.

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

“Accordingly, the Prosecutor General has determined that there is no rational or lawful basis for the recusal of Ms Tendayi Shonhayi from the prosecutorial team.

“Communication to this effect is being made to Mr Magaya’s lawyers.”

Related:

Magaya Launches Constitutional Court Bid To Block Rape Trial High Court Sets Aside Ruling Allowing Magaya Accusers To Testify In Victim Friendly Court