Prophet Walter Magaya is now going to challenge his indictment for trial over a rape case at the Constitutional Court.
A Harare magistrate Vongai Muchuchuti has granted Magaya leave to approach the Constitutional Court. He ruled that it was no longer in dispute that the matter had been withdrawn and that there was no evidence from the State to challenge the fact that the withdrawal was done freely and voluntarily.
She said the State was duty-bound to call the complainant to clarify on the issue of the withdrawal if it suspected she was coerced to drop the charge. “It is ordered that the application for referral to the Constitutional Court of the question set out in paragraph (3.7) of the supporting affidavit be and is, hereby, granted.
“The following questions are referred to the Constitutional Court for its determination: Whether in light of the complainant’s withdrawal of her complainant and her indication that the substance of the complaint is false, the decision of the National Prosecuting Authority and/or the Acting Prosecutor-General, to bring applicant to trial amounts to harassment, is in breach of the protection of the law guarantee as encapsulated in section 56(1) of the Constitution of Zimbabwe and, is, therefore, an abuse of the court process and is void,” the magistrate said.
The ConCourt, Muchuchuti said, would also rule on whether it was a breach of section 70(1)(b) of the Constitution to try someone on charges contradicted by the State witness.
