PROPHETIC Healing and Deliverance Ministries leader, Walter Magaya is set to face a rape trial after his Constitutional Court (ConCourt) challenge was struck off the roll.
By Own Correspondent
The ConCourt, sitting as a full bench, could not hear the application on the basis that his legal counsel of Thabani Mpofu, instructed by Rubaya and Chatambudza Law Firm, filed faulty papers in court. Magaya was challenging his indictment for trial at the High Court.
The church leader was arguing that he could not be tried for a rape case, where the complainant in the matter had voluntarily withdrawn the case.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 ConCourt.
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“The matter was struck off the roll after lawyers filed faulty papers and there was no order as to the costs,” he said. “This decision means that proceedings at the lower court will take off.”
The Prosecutor-General’s Office had insisted they wanted to go ahead with the trial even after the complainant in the matter said 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 lost both the complainant and its sole witness. The constitutional challenge cited section 56(1), 69(1), 49(1)(b) and 70(1), which Magaya argued guaranteed his rights to a fair judicial process.
For the case to continue at the ConCourt, Magaya will have to seek a condonation order.