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Magaya seeks removal of ‘Makandiwa prosecutor’

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Walter Magaya

HARARE – Founder of Prophetic Healing and Deliverance Ministries, Walter Magaya, has formally requested the removal of a senior official from the National Prosecuting Authority of Zimbabwe (NPA) from handling his ongoing rape trial, alleging bias, personal animosity and conflict of interest.

In an urgent letter dated February 17, 2026, Magaya’s lawyers, Rubaya and Chatambudza Legal Practitioners, wrote to the Prosecutor General seeking the recusal of NPA chief director Tendayi Shonhayi from the case. They argue that her continued involvement compromises the fairness of the proceedings.

Magaya is currently facing rape charges before the courts.

According to the defence team, their client believes Shonhayi is a member of United Family International Church (UFIC), founded by Emmanuel Makandiwa, which they describe as a rival church to PHD Ministries.

“It is our client’s considered view that Ms Shonhayi is on a mission of her own to try and persecute him (Magaya),” the letter reads.

The lawyers contend that the alleged affiliation creates a conflict of interest and undermines the requirement for prosecutorial impartiality. They argue that Shonhayi “is not impartial in this matter as required by the law for a prosecutor” and accuse her of pursuing a “personal agenda emanating from her personal hatred against both the accused person and his church.”

“It is therefore not in the interests of justice that she is allowed to continue being part of the prosecuting team, given this background,” the letter states.

The defence further alleges that Shonhayi is acting emotionally and “doing the bidding for her own ‘PAPA’ in circumstances where she should be detached from the case.” They suggest that if authorities wish to strengthen the prosecution team, another prosecutor without “vested interests in the matter” should be appointed.

Magaya’s legal team also accuses the prosecutor of making unilateral procedural decisions, including moving the trial from an open court to a victim-friendly court before the presiding magistrate had determined the appropriate forum.

They further allege that Shonhayi previously prepared defective charge sheets and witness statements that omitted the names of complainants, contrary to provisions of the Criminal Procedure and Evidence Act. The documents were later amended after the defence raised objections, according to the lawyers.

In addition, the defence claims Shonhayi has exercised undue influence during proceedings despite not being lead counsel, alleging she frequently directs arguments through lead prosecutor Clemence Chimbari.

The letter also alleges that the prosecutor intends to challenge a High Court decision granting Magaya bail and had previously sought the recusal of Justice Gibson Mandaza in related proceedings.

At the time of publication, the NPA had not publicly responded to the allegations.

Magaya’s trial has stalled amid a dispute over the prosecution’s application to have witnesses testify via video link rather than in open court. He is expected to take the witness stand on Tuesday to request that a magistrate refer the dispute over the conduct of the trial to the Constitutional Court.

Source – Zimlive