The National Prosecuting Authority of Zimbabwe (NPAZ) has dismissed an application by Walter Magaya’s lawyers seeking the recusal of Chief Director of Prosecutions, Ms Tendayi Shonhayi, from his ongoing trial.
In a statement released this evening, the NPAZ said the request, submitted by Rubaya and Chatambudza Legal Practitioners, allege rivalry between Magaya’s church and another church and point this out as grounds for Ms Shonhayi’s removal from the prosecutorial team.
The authority said the Prosecutor-General instituted a thorough investigation into the claims.
“The allegations are without substance and were made without any cogent evidence of any prosecutorial impropriety,” reads the statement.
The NPAZ said prosecutorial decisions are strictly guided by the law.
“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,” reads the statement.
“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,” reads the statement.
NPAZ said Magaya’s lawyers have been formally advised of the decision.
Magaya’s trial, which has attracted significant public interest, is set to proceed with Ms Shonhayi remaining as part of the prosecutorial team.
