Walter Magaya, founder of Prophetic Healing and Deliverance Ministries, has applied for rape allegations involving three women to be referred to the Constitutional Court.
He alleges prosecutorial misconduct, irregular DNA procedures, and violations of his right to a fair trial.
Magaya faces six counts of rape, but the Constitutional Court referral application focuses on three complainants.
He denies all the allegations, saying he has consistently and strongly rejected the claims.
His application relies heavily on an affidavit from one complainant who says she no longer wishes to testify.
Magaya claims the affidavit was served on the National Prosecuting Authority (NPA), but a senior prosecutor initially denied its existence.
He argues that without a complainant, the charge cannot stand, saying a criminal charge cannot exist without a complaint.
Magaya accuses prosecutors of improperly amending a witness statement from another complainant based in Ireland, arguing that altering statements is the role of the police, not prosecutors.
He claims he was not given the original witness statement used to justify his arrest, but instead received a later statement dated 27 February 2026.
Magaya also challenges the process used to obtain his DNA, saying he was taken from Harare Remand Prison to Parirenyatwa Hospital without his lawyers present and against his will.
He says the DNA test results have not been disclosed to him, making it difficult to prepare his defence.
Magaya wants the magistrate to refer constitutional questions to the Constitutional Court regarding whether the prosecution violates his rights to equality before the law, liberty and a fair trial.
More: ZimLive
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