Magaya’s Bid To Refer Case To Constitutional Court Dismissed

Walter Magaya’s bid to have constitutional questions in his ongoing rape trial referred to the Constitutional Court has been dismissed by the Harare Regional Magistrates’ Court.

According to a statement from the National Prosecuting Authority (NPA), Magaya is facing four counts of rape, and the case is currently before the regional magistrates’ court. The statement reads:

“The Harare Regional Magistrates’ Court has dismissed an application by Walter Magaya seeking the referral of constitutional questions to the Constitutional Court in his ongoing criminal trial involving allegations of rape.

“Magaya is facing four counts of rape, and the matter is currently before the regional magistrates’ court.

“Prior to the commencement of the trial and before the accused entered his plea, the State applied for witnesses to testify in camera, meaning that the testimony would be given in a closed court session to protect the privacy and dignity of the complainants due to the sensitive nature of the allegations.

“The defence opposed the State’s request, arguing that conducting proceedings in camera could undermine the accused’s constitutional right to a public trial.

“After considering submissions from both parties, the Harare Regional Magistrates’ Court granted the State’s application, allowing witnesses to testify in camera.

“Following the ruling, the defence filed an application in terms of Section 175(4) of the Constitution of Zimbabwe, seeking to have the constitutional issues arising from the in-camera ruling referred to the Constitutional Court for determination.

“The State opposed the application, arguing that the request was not justified and did not raise a genuine constitutional question warranting intervention by the Constitutional Court.

“After evaluating the arguments and the provisions of the Constitution, the court ruled that the request to refer the matter to the Constitutional Court lacked merit and did not meet the legal threshold required for such a referral.

“The application was therefore dismissed, clearing the way for the criminal trial to proceed before the Harare Regional Magistrates’ Court under the earlier ruling that witnesses will testify in camera.

“The matter will now proceed to trial, where the State is expected to present its evidence on the four rape charges.”

Related:

High Court Sets Aside Ruling Allowing Magaya Accusers To Testify In Victim Friendly Court Magistrate Dismisses Magaya’s Application To Have Rape Case Referred To Constitutional Court