PROPHETIC Healing Deliverance (PHD) Ministries leader and founder Prophet Walter Magaya’s rape trial is set to take off after his Constitutional Court challenge was struck of the roll.
The Con-Court sitting as a full bench found out that Magaya’s papers filed by Advocate Tabani Mpofu and instructed by Rubaya and Chatambudza law firm were not in order and could not be entertained by the highest court in the land.
Magaya is challenging his indictment for trial at the High Court. Magaya is arguing that he could not be tried over a rape case where the complainant in the matter had voluntarily withdrawn the case.
Chief Registrar of Superior Courts Sithembikosi Msipa said the papers filed by Magaya’s counsel were faulty and could not be entertained by the Constitutional.
The Prosecutor General’s office has indicated that they want to forge ahead with the trial even after the complainant in the matter has indicated that she did not wish to pursue the sexual assault charge.
Magaya is arguing that the State does not have the right to proceed when it has lost both the complainant and its sole witness.
The constitutional challenge cited section 56(1), 69(1), 49(1)(b) and 70 (1) which he argued guaranteed his rights to a fair judicial process.