Magaya's bid to refer rape case to Constitutional Court dismissed by Harare magistrate

The magistrate ruled that no constitutional issues had been raised. Magaya, who denies the rape charges, had argued that the National Prosecuting Authority was violating his right to a fair trial by pursuing allegations that some complainants had allegedly withdrawn between 2013 and 2018. He also challenged amendments made to the charge outline and witness statements, alleging police improperly altered evidence.

During cross-examination, the investigating officer acknowledged making changes to the complainant’s affidavit, stating they were for clarification and to conform with standard police terminology, such as changing "Prophet Magaya" to "the accused." The officer also stated that some additions to the complainant's affidavit were made after seeking further clarification, including details on why the complainant did not report the alleged incidents earlier, citing fear of not being believed by her parents who worked for Magaya and his perceived influence with politicians and high-ranking police officers. The defense is also challenging the process of obtaining a DNA sample from Magaya, arguing he was forcibly removed without his lawyers present.

Magaya faces other legal challenges, including a separate rape case and fraud charges alongside his wife and company.